12Obligations of persons in government sector positions

#### 12 Obligations of persons in government sector positions 12 Obligations of persons in government sector positions > > (1) This clause applies to a government employee who is entitled to use one or more parking spaces in his or her capacity as a government employee, other than a government employee who is the holder of a mobility parking scheme authority. > > > (2) The government employee must make arrangements for payment of the whole or a proportion of the levy payable for one of those spaces commensurate with the use the government employee makes of the space or spaces in conjunction with travel by the government employee to or from the government employee’s place of work for duties during the government employee’s normal working hours at that place. > > > (3) The arrangements must be entered into with the relevant person on or before— > > > > > (a) the day occurring one month after the relevant entitlement arises, or > > > > > (b) 1 September in the relevant financial year, > > > > whichever is the later. > > > (4) Payments in accordance with those arrangements are to be made by the government employee out of his or her remuneration as a government employee. > > > (5) This clause applies despite any contract to the contrary. > > > (6) In this clause— > > > > government employee means a person who holds a government sector position. > > > > government sector position means— > > > > > (a) a position in the Public Service within the meaning of Part 4 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), including a position as a Public Service senior executive, or > > > > > (b) a position in the NSW Police Force within the meaning of the [Police Act 1990](/view/html/inforce/current/act-1990-047), including a position as a NSW Police Force senior executive, or > > > > > (c) a position in the Teaching Service, in the NSW Health Service, in the Transport Service of New South Wales, in the service of a public authority or in the service of Parliament, or > > > > > (d) a statutory position (or other position in the service of the Crown) to which an appointment is made by the Governor, a Minister or a Secretary of a Department, or > > > > > (e) the office of a member of the Legislative Council or of the Legislative Assembly, or > > > > > (f) the office of a Minister of the Crown. > > > > position includes a position to which a person is appointed or employed under a contract of services or under a contract for services and any employment (whether or not a separate position). > > > > relevant person, in relation to a government employee, means the person specified in Schedule 3 in relation to the government sector position held by that employee, or such other person as that person may nominate for the purposes of this clause. > > > (7) An amendment to Schedule 3 does not apply to arrangements in force immediately before the commencement of the amendment, and that Schedule, as in force when the arrangements were entered into, continues to apply to the arrangements as if it had not been amended.