24Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act

#### 24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act 24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act > > (1) A government sector employee who receives a severance or redundancy payment because of a cessation of employment is not to be employed in the public sector during the period to which the payment relates unless arrangements have been made for a refund of the proportionate amount of the payment. > > > (2) The proportionate amount of a payment to be refunded is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates. > > > (3) In this clause— > > > > employment of a former government sector employee in the public sector includes— > > > > > (a) engagement of the former employee as a consultant or contractor to the employer, and > > > > > (b) engagement of the former employee through a labour hire arrangement with the employer, and > > > > > (c) engagement of a company or partnership that provides the services of the former employee to the employer, and > > > > > (d) the appointment of the person to a statutory office. > > > > public sector means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from the Act by section 5 of the Act are employed or a statutory office. > > > (4) This clause does not apply to any of the following— > > > > > (a) Public Service senior executives, > > > > > (b) Health Service senior executives, > > > > > (c) Transport Service senior executives and Transport Service senior managers, > > > > > (d) NSW Police Force senior executives. > > > > Note. > > > > In the case of Public Service senior executives, see section 41 (3) of the Act and clause 39 of this Regulation. > > > > In the case of Health Service senior executives, see section 121H (3) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) and clause 41 of this Regulation. > > > > In the case of Transport Service senior executives and senior managers, see section 68N (3) of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) and clause 44 of this Regulation. > > > > In the case of NSW Police Force senior executives, see section 41 (2) of the [Police Act 1990](/view/html/inforce/current/act-1990-047) and clause 46 of this Regulation. > > **cl 24:** Am 2016 (404), Sch 1 \[3\]; 2016 (725), Sch 1 \[2\]; 2017 (274), Sch 1 \[3\]; 2017 (579), Sch 1 \[3\] \[4\]; 2023 (319), sec 3(2); 2023 No 35, Sch 2.3.