I wish to bring to your attention a particular aspect of the Premier's recent Memorandum No. 93-36, "Managing Excess Employees" which included an updated version of the Job Assist Scheme.

Under this policy, public agency employees in positions below the Senior Executive Service, who take voluntary redundancy or who are retrenched 

"are required to sign an undertaking to refund to the Crown that portion of the severance payment applying to the period of re-employment should they be re-employed (including in a temporary or consulting capacity) in a New South Wales public agency within the period covered by the severance payment.

This obligation may be waived by the relevant Minister in circumstances such as where the re-employment is on a limited part-time basis or at a substantially lower rate of pay.

It is the responsibility of the CEO of the new employing agency to ensure that this requirement for repayment is met."

An obligation for repayment exists in relation to Senior Executive Service employees who receive compensation under the Public Sector Management Act 1988 when their contracts are terminated and they are re-engaged or re-employed in public agencies.

Chief Executive Officers of agencies employing people who have received redundancy, retrenchment or contract termination payments should note that it is their responsibility to ensure that the requirement for repayment is met.

 CEOs should introduce procedures in agencies to ensure that:

(i) questions regarding any previous public agency redundancy, retrenchment or termination payments are asked of the recommended person, by the selection panel convenor or manager responsible, before any permanent or temporary appointment or consultancy engagement recommendation is submitted for approval.

(ii) if repayment is appropriate such repayment is a condition of the offer of appointment to a position or engagement of a consultant.

 R. L. Brown,
for Director-General.