68CEmployment in the Transport Service

#### 68C Employment in the Transport Service 68C Employment in the Transport Service > > (1) The Government of New South Wales may employ persons in the Transport Service to enable the following bodies (and their public subsidiary corporations) to exercise their functions— > > > > > (a) TfNSW, > > > > > (b) State Transit Authority, > > > > > (c) TAM, > > > > > (c1) NSW Motorways, > > > > > (d) Sydney Metro. > > > > Note. > > > > Section 68Q (10) provides that the persons so employed may be referred to as officers or employees, or members of staff, of the body or corporation concerned. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes TfNSW and the State Transit Authority (and any of their public subsidiary corporations) from employing staff. > > > (2) The Government of New South Wales may also employ persons in the Transport Service to enable Sydney Metro, Sydney Trains or NSW Trains (or a public subsidiary corporation of Sydney Metro, Sydney Trains or NSW Trains) to exercise their functions. > > > > Note. > > > > NSW Trains and Sydney Trains also have the power to employ staff separately (see sections 64A and 64D for Sydney Trains and NSW Trains, respectively). Staff employed by Sydney Trains and NSW Trains are not employed in the Transport Service. > > > (3) The Transport Secretary may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the persons employed in the Transport Service. > > > (4) The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign them to roles and to terminate their employment. > > **s 68C:** Ins 2011 No 41, Sch 1 \[27\]. Am 2014 No 33, Sch 3.32 \[1\] \[15\]. Subst 2016 No 2, Sch 4 \[1\]. Am 2017 No 12, Schs 1.1\[19\], 2.1\[13\] (am 2018 No 18, Sch 2.19); 2018 No 18, Sch 1 \[13\]; 2019 No 19, Sch 1\[13\] \[14\]; 2024 No 58, Sch 1.2\[15\]; 2024 No 95, Sch 1\[13\]; 2025 No 66, Sch 2.1\[11\].