New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 104

104 Appointment of staff

(1) The Commissioner may appoint, as members of staff of the Commission, such persons (including a Director of Operations and a Director of Administration) as may be necessary to enable the Commission to exercise its functions.

(2) Those persons are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (9).

(3) Each person who is appointed as a member of staff of the Commission under this section:

(a) continues, subject to the provisions of this section and the terms of the person’s appointment, to be employed as a member of staff at the discretion of the Commissioner, and

(b) is, in the person’s capacity as such a member, subject to the control and direction of the Commissioner.

(4) Chapter 1A of the Public Sector Employment and Management Act 2002 does not apply to the appointment or employment of a person under this section as a member of staff of the Commission.

(5) The person appointed as the Director of Operations or as the Director of Administration is to be appointed for a term not exceeding 5 years, but is eligible for re-appointment.

(6) The Commissioner may fix the salaries, wages, allowances and conditions of employment of the staff employed under this section in so far as they are not fixed by or under another Act or law.

(7) The Commissioner may enter into an agreement with any association or organisation representing a group or class of staff employed under this section with respect to industrial matters. Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.

(8) An agreement under subsection (7) is not an enterprise agreement within the meaning of the Industrial Relations Act 1996 . However, the Commissioner may enter into such an enterprise agreement as the employer of the members of staff concerned.

(9) The Commissioner is, for the purposes of any proceedings relating to staff employed under this section held before a competent tribunal having jurisdiction to deal with such matters, taken to be the employer of the staff.

(10) An appeal does not lie to the Industrial Relations Commission concerning a promotional or disciplinary matter affecting any staff employed under this section.

(11) None of the following matters, and no matter, question or dispute relating to any of the following matters, is an industrial matter for the purposes of the Industrial Relations Act 1996 :

(a) the appointment of, or failure to appoint, a person to any position as a member of staff of the Commission,

(b) the removal, retirement, termination of employment or other cessation of office of a person in any such position,

(c) any disciplinary proceedings or disciplinary action taken against a person employed under this section.

(11A) Without limiting subsection (11), Part 6 of Chapter 2 of the Industrial Relations Act 1996 does not apply to or in respect of the dismissal (within the meaning of that Part) of any person from any position as a member of the staff of the Commission.

(12) Schedule 3 has effect with respect to the rights of staff employed under this section.