38Contract of employment

#### 38 Contract of employment 38 Contract of employment > > (1) A NSW Police Force senior executive is to be employed under a written contract of employment signed by the executive and by the Commissioner on behalf of the Government. > > > (2) Without limiting section 37 (1), the government sector employment rules made under section 12 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may prescribe model contracts of employment for NSW Police Force senior executives and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions. > > > (3) Subject to this Part, the government sector employment rules and any direction issued by the Public Service Commissioner under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), a contract of employment of a NSW Police Force senior executive is to deal with the following matters— > > > > > (a) the band in which the executive is employed, > > > > > (b) the duration of the contract if the executive is not employed in ongoing employment, > > > > > (c) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances, > > > > > (d) performance obligations, and reviews of performance, of the executive, > > > > > (e) progression in the total remuneration package of the executive based on performance, > > > > > (f) leave and other conditions of employment of the executive, > > > > > (g) the compensation for any termination of employment of the executive by the Commissioner (including the period to which the compensation relates), > > > > > (h) any other matter prescribed by the regulations under section 39 (4) of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040). > > > (4) The contract of employment of a NSW Police Force senior executive may, subject to this Act, include conditions of engagement. > > > (5) The contract of employment of a NSW Police Force senior executive does not limit, and is not terminated or otherwise affected by— > > > > > (a) the transfer of the executive under section 36 (5) to the Public Service of New South Wales, the NSW Health Service or the Transport Service of New South Wales, or > > > > > (b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive. > > > (6) A contract of employment of a NSW Police Force senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement. > > > (7) The regulations under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may make provision with respect to the compensation to which a NSW Police Force senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a NSW Police Force senior executive is entitled under a contract of employment entered into before the commencement of the regulation. > > **s 38:** Am 1996 No 108, Sch 1 (13) (18); 2001 No 114, Sch 1 \[4\]. Subst 2016 No 2, Sch 3 \[18\]. > > **s 38A:** Ins 2001 No 114, Sch 1 \[5\]. Rep 2002 No 105, Sch 1 \[2\].