(1) The employing
authority may employ staff to perform activities in connection with the
operations or activities of the Trust.
(2) The terms and
conditions of employment of a person under subsection (1) will be
determined by the employing authority.
(3) A person employed
under this section will be taken to be employed by or on behalf of the Crown
(but will not be employed in the Public Service of the State unless brought
into an administrative unit under the Public Sector Act 2009 ).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a
public sector agency specified by the employing authority (and the person must
comply with that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However, no
Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The employing
authority may delegate a power or function under this section.
(8) A delegation under
subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in
any matter; and
(f) may
be revoked at any time by the employing authority.
(9) A change in the
person who constitutes the employing authority under this Act will not affect
the continuity of employment of a person under this section.
(10) The Trust must,
at the direction of the Minister, the Treasurer or the employing authority,
make payments with respect to any matter arising in connection with the
employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The Trust does
not have the power to employ any person.
(12) The Trust may,
under an arrangement established by the Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In this
section—
"public sector agency" has the same meaning as in the Public Sector
Act 2009 .