68QMiscellaneous provisions relating to the Transport Service

68Q Miscellaneous provisions relating to the Transport Service

68Q Miscellaneous provisions relating to the Transport Service

(1) Groups of staff The Transport Secretary may create groups (however described) of staff and designate persons employed in the Transport Service to any such group.

(2) Extended leave entitlements Persons employed in the Transport Service have the same entitlements to extended leave as Public Service employees under the Government Sector Employment Act 2013.

(3) Retirement on medical grounds The Transport Secretary may retire a person employed in the Transport Service if—

(a) the employee is found to be unfit to perform or incapable of performing the duties of the person’s employment, and

(b) the employee’s unfitness or incapacity—

(i) appears likely to be of a permanent nature, and

(ii) has not arisen from actual misconduct on the part of the employee, or from causes within the employee’s control.

(4) Resignation of employment A person employed in the Transport Service may resign his or her employment by written notice to the Transport Secretary.

(5) Civil liability with respect to employees If—

(a) a person is employed in the Transport Service, and

(b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and

(c) TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains or Sydney Metro, or a public subsidiary corporation of any such transport authority, is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that it may incur in respect of that negligence or other tort,

the Government is subrogated to the rights of TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains, Sydney Metro or the public subsidiary corporation under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.

(6) Operation of privacy legislation The persons employed in the Transport Service to enable TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains or Sydney Metro, or a public subsidiary corporation of any such transport authority, to exercise its functions are, for the purposes of the and the , taken to be part of TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains, Sydney Metro or the public subsidiary corporation, as the case requires.