Government Sector Employment Amendment (Transfers to Non-Government Sector) Regulation 2017 (NSW)

New South Wales

Government Sector Employment

Amendment (Transfers to Non-Government
Sector) Regulation 2017

under the

Government Sector Employment Act 2013

The Administrator, with the advice of the Executive Council, has made the following Regulation under the Government Sector Employment Act 2013.

GLADYS BEREJIKLIAN, MP

Premier

Explanatory note
The object of this Regulation is to provide that certain persons whose employment in a government sector
agency is to cease as a result of the transfer of services provided by the agency to a non-government sector
body are not affected by the operation of clause 25A (1) of the Government Sector Regulation 2014 which
limits the entitlement to any severance or redundancy payment for that cessation of employment.

This Regulation is made under the Government Sector Employment Act 2013, including section 88 (the general regulation-making power).

Government Sector Employment Amendment (Transfers to Non-Government Sector) Regulation 2017

[NSW]

Government Sector Employment Amendment (Transfers to

Non-Government Sector) Regulation 2017

under the

Government Sector Employment Act 2013

1      Name of Regulation

This Regulation is the Government Sector Employment Amendment (Transfers to
Non-Government Sector) Regulation 2017.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Government Sector Employment Regulation 2014

Clause 25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for

Insert after clause 25A (4):

(4A)

Subclause (1) does not apply in relation to a person whose employment in a government sector agency is to cease as a result of the transfer to a non-government sector body of any of the services provided by the agency if:

(a)	the non-government sector body was selected before 1 January 2015 by the Government of New South Wales, as a result of a process for the formation of a public-private partnership, to provide those services, and
(b)	the transfer is not authorised by or under an Act, and
(c)	the transfer was not completed before the commencement of this subclause.