Schedule 2 Model contract of employment for NSW Police Force senior executives (police officers)

Schedule 2 Model contract of employment for NSW Police Force senior executives (police officers)

(Rule 18 (2))

Contract of employment under section 38 of the Police Act 1990

This contract of employment is made

on the day of 20

Between

THE GOVERNMENT OF NEW SOUTH WALES

and

[Insert full name] (the “Senior Executive”)

Parties

1.1

This contract of employment is between the Senior Executive and the Government of New South Wales.

Commencement

2.1

The employment of the Senior Executive under this contract commences on [insert date].

Definitions

3.1

In this contract:

“Commissioner” means the Commissioner of Police.

“GSE Act” means the Government Sector Employment Act 2013.

“the Rules” means the Government Sector Employment (NSW Police Force) Rules 2017 made under the GSE Act.

3.2

Terms used in this contract that are defined in the Police Act 1990 or the GSE Act have the same meanings as they have in those Acts.

Band

4.1

The Senior Executive is employed in Band [specify band].

Role

5.1

The role in the NSW Police Force assigned to the Senior Executive is described in Appendix A. The description of the role may also include the Senior Executive’s rank.

5.2

The Commissioner may vary the description of the role to which the Senior Executive is assigned at any time.

5.3

The Senior Executive must perform the duties and responsibilities of the role to which the Senior Executive is assigned.

5.4

Without limiting clause 5.3, the Senior Executive is required to:

(a) take the oath or make the affirmation of office as a police officer in accordance with section 13 of the Police Act 1990 (if not previously so taken or made), and

(b) comply with those provisions of the Police Act 1990, the Police Regulation 2015 or of any other Act or law that regulates the functions of, and the exercise of powers by, police officers, and

(c) maintain base competencies in relation to the following:

(i) defensive tactics,

(ii) use of firearms,

(iii) CPR/first aid training,

(iv) physical fitness,

(v) safe driving (including holding a driver licence),

(vi) COPS system literacy,

(vii) mandatory continuing police education.

Core values

6.1

The Senior Executive agrees to perform the duties and responsibilities of the assigned role in accordance with section 7 of the Police Act 1990, the NSW Police Force Code of Conduct and Ethics and the government sector core values under section 7 of the GSE Act.

Probation period

7.1

The Senior Executive’s employment is subject to a probation period of 6 months or such longer period as the Commissioner determines.

[OR]

The Senior Executive’s employment is not subject to a probation period.

Duration of employment

8.1

The employment of the Senior Executive under this contract is ongoing employment (that is, employment that continues until the Senior Executive resigns or the Senior Executive’s employment is terminated).

[OR]

The employment of the Senior Executive under this contract is, unless the Senior Executive sooner resigns or the Senior Executive’s employment is sooner terminated, for the period ending on [specify date]. The period of employment may be extended by the Commissioner.

Annual performance agreement

9.1

The Senior Executive is required to enter into an annual performance agreement with the Commissioner setting out the performance obligations of the Senior Executive, and reviews of performance, for the year. The performance agreement continues until a new agreement is entered into.

Capability-based assessments

10.1

The Senior Executive agrees to participate in periodic capability-based assessments.

10.2

The Senior Executive agrees to the use of these assessments for workforce planning purposes.

Total remuneration package and allowances

Note—

The total remuneration package is for full-time work. Under the Rules, pro-rata remuneration is payable for part-time work.

11.1

The total remuneration package (comprising monetary remuneration and employment benefits) of the Senior Executive is specified in Appendix B.

11.2

The Senior Executive is entitled to the allowances specified in Appendix B and any allowances conferred under the Police Act 1990 and the Police Regulation 2015.

Progression

12.1

If the Senior Executive meets the performance requirements under the NSW Police Force’s performance management system, the Senior Executive’s total remuneration package may be increased within the range of remuneration applicable to the assigned role of the Senior Executive. Any such increase is at the discretion of the Commissioner and is not an entitlement.

12.2

Clause 12.1 does not limit the Commissioner’s power to increase or reduce the Senior Executive’s total remuneration package in accordance with the Police Act 1990.

Hours of duty

13.1

The Senior Executive must work the hours necessary to perform the duties and responsibilities of the Senior Executive’s role.

13.2

The Senior Executive’s total remuneration package compensates the Senior Executive for any hours worked.

Part-time work

14.1

If the Commissioner agrees to the Senior Executive undertaking work on a part-time basis, the Senior Executive must work the agreed days or parts of days and the Senior Executive agrees that his her total remuneration package will be adjusted on a pro-rata basis to reflect the agreed days or parts of days that the Senior Executive works.

Leave

15.1

The Senior Executive is entitled to leave in accordance with the Police Regulation 2015.

Notice of resignation

16.1

The Senior Executive may resign his or her employment in accordance with section 94C of the Police Act 1990.

16.2

If notice of resignation is provided, the Commissioner may direct the Senior Executive to cease duties immediately or at some other specified time during the notice period. Any such direction does not affect the Senior Executive’s entitlement to receive remuneration or to accrue leave during the notice period.

Compensation for termination of employment

17.1

The Senior Executive is entitled, on the termination of employment by the Commissioner under section 40 (5) of the Police Act 1990, to the payment of compensation as determined by clause 46 of the Government Sector Employment Regulation 2014.

17.2

If the Senior Executive’s employment is terminated with compensation, the Senior Executive agrees that if the Senior Executive is re-employed in the public sector (as referred to in section 41 of the Police Act 1990) within the period to which the compensation relates the Senior Executive will repay the proportionate amount, as calculated in accordance with clause 46 of the Government Sector Employment Regulation 2014, before the commencement of that re-employment. This obligation continues even though the contract of employment is terminated.

Confidentiality

18.1

On termination of employment the Senior Executive will not, without lawful authority, disclose or make use of any confidential or secret information acquired by the Senior Executive as a consequence of his or her employment.

Note—

During his or her employment, the Senior Executive must also comply with clause 76 of the Police Regulation 2015.

Intellectual property

19.1

Subject to any written agreement to the contrary between the parties, all intellectual property developed by the Senior Executive in the course of his or her employment is the sole property of the Government of New South Wales.

Employment policies

20.1

The Senior Executive agrees to act in accordance with any applicable employment policies of the NSW Police Force.

20.2

However, those employment policies do not form part of this contract and do not create any express or implied contractual rights or obligations between the Senior Executive and the Commissioner.

Variation

21.1

This contract may only be varied in accordance with the Police Act 1990 and this contract.

APPENDICES

The Appendices to this contract may be substituted by the Commissioner.

Appendix A—Assigned role

[insert description of assigned role]

Appendix B—Remuneration package and allowances

The total remuneration package of the Senior Executive is [insert $ value of package], comprising [insert components of remuneration package]:

The Senior Executive is entitled to allowances under the Police Regulation 2015 and the following additional allowances [insert any additional allowances]:

Signatures

The Commissioner

Signed

Date

Name

pursuant to the Police Act 1990 on behalf of the Government of NSW.

The Senior Executive

Signed

Date

Name in full [printed]