sec.95Change of employment

sec.95 Change of employment

On the commencement, a person who is the existing deputy auditor-general or an existing staff member— is taken to be employed under this Act; and stops being employed as a public service employee. The person’s employment continues on the same terms of employment as applied to the person immediately before the commencement, subject to any subsequent variation of the terms under— any relevant laws or industrial instruments applying to the person’s employment; or the person’s contract of employment. The change in the person’s employment under subsection (1) does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment, retrenchment or redundancy. Subsection (1)(a) applies despite sections 28 and 29. s 95 ins 2022 No. 33 s 25 (sec.95-ssec.1) On the commencement, a person who is the existing deputy auditor-general or an existing staff member— is taken to be employed under this Act; and stops being employed as a public service employee. (sec.95-ssec.2) The person’s employment continues on the same terms of employment as applied to the person immediately before the commencement, subject to any subsequent variation of the terms under— any relevant laws or industrial instruments applying to the person’s employment; or the person’s contract of employment. (sec.95-ssec.3) The change in the person’s employment under subsection (1) does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment, retrenchment or redundancy. (sec.95-ssec.4) Subsection (1)(a) applies despite sections 28 and 29.

• (a) is taken to be employed under this Act; and
• (b) stops being employed as a public service employee.
• (a) any relevant laws or industrial instruments applying to the person’s employment; or
• (b) the person’s contract of employment.
• (a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
• (b) interrupt continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
• (c) constitute a termination of employment, retrenchment or redundancy.