sec.51CRelationship between health employment directives and other instruments

### sec.51C Relationship between health employment directives and other instruments If a health employment directive is inconsistent with an industrial instrument, the industrial instrument prevails to the extent of the inconsistency. Subsection (1) does not apply if the terms and conditions of employment provided for in the health employment directive are more favourable to the employee than the terms and conditions of employment provided for in the industrial instrument. If a health employment directive is inconsistent with a directive under the Public Sector Act 2022 , section 222 , the health employment directive prevails over the directive. If a health employment directive is inconsistent with a contract entered into with a senior health service employee, the contract prevails over the health employment directive to the extent of the inconsistency. However, for subsection (3) , to the extent a health employment directive provides for an increase in remuneration or other benefits for an employee, the directive is taken not to be inconsistent with a contract entered into with a senior health service employee. Subsections (3) and (4) apply despite section 51E . In this section— health employment directive includes— a decision made in the exercise of a discretion under the directive; and a health service directive to which section 321 applies. s 51C ins 2013 No. 61 s 88 amd 2014 No. 15 s 3 ; 2015 No. 7 s 35D ; 2022 No. 34 s 365 sch 3 (sec.51C-ssec.1) If a health employment directive is inconsistent with an industrial instrument, the industrial instrument prevails to the extent of the inconsistency. (sec.51C-ssec.1A) Subsection (1) does not apply if the terms and conditions of employment provided for in the health employment directive are more favourable to the employee than the terms and conditions of employment provided for in the industrial instrument. (sec.51C-ssec.2) If a health employment directive is inconsistent with a directive under the Public Sector Act 2022 , section 222 , the health employment directive prevails over the directive. (sec.51C-ssec.3) If a health employment directive is inconsistent with a contract entered into with a senior health service employee, the contract prevails over the health employment directive to the extent of the inconsistency. (sec.51C-ssec.4) However, for subsection (3) , to the extent a health employment directive provides for an increase in remuneration or other benefits for an employee, the directive is taken not to be inconsistent with a contract entered into with a senior health service employee. (sec.51C-ssec.5) Subsections (3) and (4) apply despite section 51E . (sec.51C-ssec.6) In this section— health employment directive includes— a decision made in the exercise of a discretion under the directive; and a health service directive to which section 321 applies. - (a) a decision made in the exercise of a discretion under the directive; and - (b) a health service directive to which section 321 applies.