Subdiv 9Staff

Subdivision 9—Staff 34—General manager (1) Each regional landscape board, other than Green Adelaide, is to have a general manager. (2) A general manager will be appointed by the Chief Executive of the Department on the recommendation of the relevant board. (3) A general manager will be a public sector employee but will not, while holding appointment under this section, be an employee in the Department. (4) A general manager will be appointed on terms and conditions determined by the Chief Executive after taking into account the recommendations of the relevant board (and may be removed from office as provided in those terms and conditions). (5) A general manager is responsible to the board for— (a) managing the board's business efficiently and effectively; and (b) supervising the staff engaged in the work of the board. (6) A general manager is designated as an employing authority for the purposes of the Public Sector Act 2009 and is empowered to employ persons on behalf of the Crown under (and in accordance with) this Act. (7) A general manager will have a performance agreement that— (a) is established by the relevant board after consultation between the presiding member of the board (on behalf of the board) and the general manager; and (b) is subject to approval by the Chief Executive; and (c) may be varied from time to time (in accordance with paragraphs (a) and (b) as if the variation were a new agreement). (8) In relation to the performance of a general manager— (a) the presiding member of the board— (i) will oversee the general manager's performance (on behalf of the board); and (ii) will report to the Chief Executive as requested by the Chief Executive or as the presiding member thinks fit; and (b) the Chief Executive will have responsibility for ensuring that the general manager complies with the terms and conditions of the general manager's appointment. (9) To avoid doubt, a person may be the general manager for more than 1 board. (10) The Chief Executive may, after consultation with the relevant board, appoint a person to act as the general manager of the board during a vacancy in the position of general manager or while the general manager is absent (if required). (11) A person appointed under subsection (10)— (a) may be— (i) a member of the staff of the board; or (ii) a person appointed or engaged by the Chief Executive to undertake the role of general manager; and (b) will hold office on terms and conditions determined by the Chief Executive after consultation with the board (and may be removed from office as provided in those terms and conditions); and (c) in the case of an employee of the Department, may continue as such an employee during the term of appointment. 35—Staff (1) The following provisions of this section do not apply in relation to Green Adelaide: (a) subsection (3)(a); (b) subsections (4) to (10) (inclusive). (2) The staffing arrangements for a regional landscape board will be approved by the Minister after consultation with the board. (3) Any staff under subsection (2) will be— (a) if appointments have been made under subsection (4)—the persons holding those appointments; or (b) Public Service employees assigned to work with the regional landscape board. (4) The general manager of a regional landscape board (as an employing authority) may employ a person to perform functions in connection with the operations or activities of the board. (5) The terms and conditions of employment of a person under subsection (4) will be determined by the general manager after obtaining the approval of the Commissioner for Public Sector Employment. (6) A person employed under subsection (4) will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (7) The general manager may direct a person employed under subsection (4) to perform functions in connection with the operations of a public sector agency specified by the general manager (and the person must comply with that direction). (8) The general manager (as an employing authority) may delegate a power or function under this section. (9) A delegation under subsection (8)— (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (c) may be absolute or conditional; and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (e) does not derogate from the ability of the general manager to act in any matter; and (f) is revocable at will. (10) A change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section. (11) A regional landscape board must, at the direction of the Minister, make payments with respect to any matter arising in connection with the employment or work of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (12) A regional landscape board does not have the power to employ any person. (13) In this section— public sector agency has the same meaning as in the Public Sector Act 2009.