26Employer functions of Secretaries of Departments

#### 26 Employer functions of Secretaries of Departments 26 Employer functions of Secretaries of Departments > > (1) The Secretary of a Department may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the following— > > > > > (a) the Public Service senior executives assigned to roles in the Department, > > > > > (b) the other employees of the Department, > > > > > (c) the head of each Public Service executive agency related to the Department unless— > > > > > > > (i) the office of the head is a statutory office established by another Act, or > > > > > > > (ii) the head is the Secretary, or > > > > > > > (iii) Schedule 1 provides that some other person exercises the employer functions in relation to the head, > > > > > (d) the Public Service senior executives assigned to roles in each Public Service executive agency related to the Department. > > > (2) (Repealed) > > > (3) The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign them to roles and to terminate their employment. > > > (4) In the exercise of the employer functions referred to in subsection (1), a Secretary of a Department is not subject to the direction or control of a Minister. > > Note. > > Division 6 confers on the Industrial Relations Secretary employer functions relating to the determination of the conditions of employment of, and other industrial matters relating to, Public Service employees. > > **s 26:** Am 2016 No 2, Sch 1 \[8\]; 2022 No 76, Sch 1\[4\].