16Interim general managers and deputy general managers

16 Interim general managers and deputy general managers

16 Interim general managers and deputy general managers

(1) If the person appointed as interim general manager of the new council declines the appointment or the appointment is terminated or the office of interim general manager is vacated for any other reason, the Administrator may appoint another person as the interim general manager of the council.

(2) The Administrator of the new council or the council may, at any time, terminate the appointment of an interim general manager or a deputy general manager appointed under this Proclamation. Any such termination is to be consistent with the terms of any applicable contract of employment for the interim general manager or deputy general manager.

(3) If a person appointed as an interim general manager was, immediately before the amalgamation day, the general manager of a council, the person has the same rights and entitlements as if the person were a senior staff member who was transferred to the new council under this Proclamation.

Note—

Under clause 406C of the Local Government (General) Regulation 2005, a transferred staff member is transferred under the same contract of employment (including the term of appointment) and retains accrued leave entitlements.

(4) If a person appointed as a deputy general manager was, immediately before the amalgamation day, the general manager of a council, the person has the same rights and entitlements (apart from the person’s position) as if the person were a senior staff member who was transferred to the new council under this Proclamation.

(5) Despite subclauses (3) and (4), the Administrator may vary (but not reduce) the remuneration that would otherwise be payable to the interim general manager or deputy general manager.

(6) The operation of this clause is not to be regarded as a breach of contract between a former council or the new council and a senior staff member (including a general manager).

(7) Nothing in this clause prevents:

(a) the extension of the term of appointment of an interim general manager or a deputy general manager, or

(b) the determination of a staff organisation structure for the new council that does not include the position of one or more deputy general managers.