{"id":"tas:act-1970-044","name":"Crown Servants' Reinstatement Act 1970","slug":"crown-servants-reinstatement-act-1970","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"44 of 1970","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110284,"registerId":"tas-act-1970-044-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Crown Servants' Reinstatement Act 1970](/view/html/inforce/2026-04-12/act-1970-044) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> In this Act ***Crown servant*** means a person who –\n> \n> > > (a) holds an office of profit under the Crown; and\n> > \n> > > (b) was appointed thereto by the Governor or a person empowered or authorized so to appoint by Her Majesty in right of this State or by or under an Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Reinstatement of certain former Crown servants","content":"### 3 Reinstatement of certain former Crown servants\n\n> *\\[Section 3 Subsection (6) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*\n> \n> > (1)  Where a person who –\n> > \n> > > > (a) was a Crown servant;\n> > > \n> > > > (b) resigned his office in order to become a candidate at an election of members of a House of Parliament of the Commonwealth not more than one month before nominations closed for that election;\n> > > \n> > > > (c) was a candidate at that election; and\n> > > \n> > > > (d) failed to be elected –\n> > \n> > applies, within 2 months after the declaration of the result of that election, for appointment to the office from which he so resigned, he may be reappointed thereto on his mere application and without the fulfilment of any conditions otherwise required for making the appointment.\n> \n> > (2)  Where a person is so reappointed, he shall, subject to [subsection (3)](#GS3@Gs3@EN) , hold that office in all respects as if he had been absent on leave without pay or other emolument therefrom for the period from the day on which his resignation took effect to the day before the day on which he was reappointed.\n> \n> > (3)  *\\[Section 3 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*If a person so reappointed became entitled, by reason of his resignation to become a candidate, to an allowance under [section 20 of the](/view/html/inforce/2026-04-12/act-1994-013#GS20@EN) [Long Service Leave (State Employees) Act 1994](/view/html/inforce/2026-04-12/act-1994-013) the person is to for the purpose of [subsection (2)](#GS3@Gs2@EN) be treated, in respect of the period in respect of which the amount of the allowance is calculated under [subsection (2) of that section](/view/html/inforce/2026-04-12/act-1994-013#GS20@Gs2@EN) , or so much thereof as had expired before his reappointment took effect, as if absent, not on leave without pay or other emolument, but on long-service leave under that Act.\n> \n> > (4)  If a person's reappointment as mentioned in [subsection (3)](#GS3@Gs3@EN) takes effect before the expiration of the period therein mentioned, the whole period shall for the purposes of [subsection (2)](#GS3@Gs2@EN) be deemed to have expired on the day before his reappointment took effect.\n> \n> > (5)  No person has a right of appeal against an appointment under this section.\n> \n> > (6)  [*\\[Section 3 Subsection (6) amended by No. 54 of 2016, s. 12, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS12@EN) [*\\[Section 3 Subsection (6) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja3@GC1@EN) *\\[Section 3 Subsection (6) amended by No. 10 of 1982, s. 95 and Sched. 8 (Pts. I & II) \\]*Subject to the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) and any regulations under that Act, where the rights of a person so reappointed have been changed on his resignation, in respect of pension, pay in lieu of leave or otherwise, all necessary payments, repayments, and entries shall be made to put him in the same position as if he had been absent on leave as mentioned in [subsection (2)](#GS3@Gs2@EN) .","sortOrder":2}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been narrowed and conditioned by later amendments and cross‑references. Amendments introduce specific long‑service leave treatment tied to the Long Service Leave (State Employees) Act 1994 (s 3(3)–(4)) and make pension/pay restoration subject to the Public Sector Superannuation Reform Act 2016 and its regulations (s 3(6)). Those changes mean restoration of entitlements depends on subsequent superannuation law and regulations rather than being solely automatic under the 1970 text."},"complexity_factors":["Narrow, time‑bound eligibility and application windows (resignation timing; apply within 2 months) (s 3(1))","Cross-references to other statutes that determine entitlements (Long Service Leave (State Employees) Act 1994 s 20; Public Sector Superannuation Reform Act 2016) (s 3(3), (6))","Formulation of reappointment as 'may be reappointed' creates potential ambiguity about administrative discretion vs automatic right (s 3(1))","Specific administrative consequences for pay/leave/pension restoration requiring employer/state actions and record entries (s 3(2), (3), (6))","Removal of appeal rights against appointments under this section, concentrating decision finality in the appointing authority (s 3(5))","Definition-limited scope — applies only to 'Crown servant' as defined in s 2, narrowing coverage (s 2)"],"plain_english_summary":"This Act allows a Crown servant who resigned to become a candidate for federal Parliament, then lost, to apply within two months of the result to be reappointed to their former office without the usual hiring conditions (s 3(1)). The person is treated as if absent on unpaid leave (s 3(2)), with special long-service‑leave and pension/pay restoration rules (s 3(3)–(4), (6)). Pension and payment restoration is to be made by the employer/state subject to superannuation law (s 3(6))."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: reinstating Crown servants who unsuccessfully contest federal elections. The amendments visible (1994, 2000, 2016) are technical updates to reflect changes in superannuation and long service leave legislation, not expansions of scope. The core mechanism and eligibility criteria have remained unchanged since 1970."},"complexity_factors":["Only 1 defined term ('Crown servant') in the interpretation section","Single operative section (Section 3) with 6 subsections","Some conditional logic with 4 cumulative conditions in subsection (1)","Cross-references to external legislation: Long Service Leave (State Employees) Act 1994 and Public Sector Superannuation Reform Act 2016","Nested treatment of leave entitlements in subsections (2)-(4) requiring calculation of periods and deeming provisions","Amendment history visible in text but not adding operational complexity to current version"],"plain_english_summary":"**What this law does:**\n\nThis Act gives certain government employees (\"Crown servants\") a safety net if they quit their jobs to run for federal Parliament but lose the election.\n\n**Who it affects:**\n\n*   **Crown servants** — people holding paid government positions appointed by the Governor or someone with authority from the Crown (basically, senior public servants in a State government).\n*   **Former candidates** — Crown servants who resigned to run for a seat in the Commonwealth Parliament (House of Representatives or Senate) but weren't elected.\n\n**How it works:**\n\nIf a Crown servant meets all these conditions:\n\n*   Resigned **no more than one month before** nominations closed for the election;\n*   Actually became a candidate;\n*   **Lost** the election;\n*   Applies for their old job back **within 2 months** of the election result being declared;\n\nThen they get their old job back automatically — \"on their mere application\" — without having to compete for it or meet the usual appointment requirements.\n\n**What they get back:**\n\n*   Their old position, as if they had just been on **unpaid leave** the whole time they were campaigning.\n*   **Superannuation and employment benefits restored** — any changes to their pension, leave entitlements, or pay that happened because they resigned get reversed, so they're in the same position as if they never left.\n*   **No right of appeal** — if the government decides not to reappoint them, they can't challenge that decision.\n\n**Why it matters:**\n\nThis removes a major career risk for senior public servants considering entering politics. Without this law, quitting a secure government job to run for Parliament would be a huge gamble — lose the election, and you're unemployed with no guarantee of getting your old job back. This Act encourages public sector participation in democratic processes by providing a \"parachute\" back to their career if they fail to win office."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its original purpose of providing reinstatement rights for Tasmanian Crown servants. No material scope changes are evident from the limited text provided, though amendments have been made over time as indicated by the Table of Amending Instruments."},"complexity_factors":["Limited source text available — full provisions not reproduced, preventing comprehensive analysis","Relatively narrow and specific subject matter (government employee reinstatement)","Older legislation (1970) that may use dated legal drafting conventions","Interaction with broader public sector employment frameworks may add complexity","Jurisdictionally limited to Tasmania, reducing scope but requiring knowledge of Tasmanian public service structure"],"plain_english_summary":"The Crown Servants' Reinstatement Act 1970 (Tasmania) provides a legal route for former Tasmanian government employees to be reinstated to their old or equivalent public service positions when they meet qualifying conditions. It affects current and former public servants and departments responsible for rehiring, and matters because it can create a statutory right to return to government employment (e.g., after military service); detailed eligibility and procedures aren’t reproduced here."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/crown-servants-reinstatement-act-1970","history":"/api/acts/crown-servants-reinstatement-act-1970/history","analysis":"/api/acts/crown-servants-reinstatement-act-1970/analysis","conflicts":"/api/acts/crown-servants-reinstatement-act-1970/conflicts","importantCases":"/api/acts/crown-servants-reinstatement-act-1970/important-cases","documents":"/api/acts/crown-servants-reinstatement-act-1970/documents"}}