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](/view/html/inforce/current/act-2013-040). > > > (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 [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) and the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071), 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. > > > (7) Delegation of Transport Secretary’s functions under this Part The Transport Secretary may delegate any of the Transport Secretary’s functions under this Part (other than this power of delegation) to a person employed in the Transport Service or to a person employed in the Department of Transport. > > > (8) Delegation of Transport Secretary’s functions under GSE Act The power of the Transport Secretary under section 27 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to delegate a function referred to in that section extends to a delegation of the function to a person employed in the Transport Service. > > > (9) Acting Transport Secretary A person employed in the Transport Service may also be appointed to act as the Transport Secretary under section 24 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040). > > > (10) Construction of references relating to transport employees In this or any other Act, or in any instrument made under this or any other Act or in any other instrument of any kind, a reference to an officer or employee, or a member of staff, of— > > > > > (a) TfNSW or a public subsidiary corporation of TfNSW is to be read as a reference to a person employed in the Transport Service to enable TfNSW or the public subsidiary corporation to exercise its functions, or > > > > > (b) the State Transit Authority or a public subsidiary corporation of the Authority is to be read as a reference to a person employed in the Transport Service to enable the Authority or the public subsidiary corporation to exercise its functions, or > > > > > (c) TAM or a public subsidiary corporation of TAM is to be read as a reference to a person employed in the Transport Service to enable TAM, or the public subsidiary corporation, to exercise its functions, or > > > > > (d) NSW Motorways or a public subsidiary corporation of NSW Motorways must be read as a reference to a person employed in the Transport Service to enable NSW Motorways or the public subsidiary corporation to exercise its functions, or > > > > > (e) NSW Trains (or a public subsidiary corporation of NSW Trains) is to be read as a reference to a person employed in the Transport Service to enable NSW Trains (or the corporation) to exercise its functions, or > > > > > (f) Sydney Trains (or a public subsidiary corporation of Sydney Trains) is to be read as a reference to a person employed in the Transport Service to enable Sydney Trains (or the corporation) to exercise its functions, or > > > > > (f1) Sydney Metro (or a public subsidiary corporation of Sydney Metro) is to be read as a reference to a person employed in the Transport Service to enable Sydney Metro (or the corporation) to exercise its functions. > > > > > (g) (Repealed) > > **s 68Q:** Ins 2016 No 2, Sch 4 \[1\]. Am 2017 No 12, Schs 1.1\[20\]–\[22\], 2.1\[14\] \[15\]; 2018 No 18, Sch 1 \[14\] \[15\]; 2019 No 19, Sch 1\[15\] \[16\]; 2024 No 58, Sch 1.2\[16\] \[17\]; 2024 No 95, Sch 1\[14\] \[15\]; 2025 No 66, Sch 2.1\[12\]–\[15\].