43URight to re‑enter Commonwealth Teaching Service by way of transfer or promotion

43U  Right to re‑enter Commonwealth Teaching Service by way of transfer or promotion

 (1) Sections 27, 28 and 29 apply, subject to this section and to such modifications (if any) as are prescribed, in relation to a transferred officer as if:

 (a) he were an officer of the Commonwealth Teaching Service; and

 (b) he were the holder of a position in the Commonwealth Teaching Service having a classification equivalent, or as nearly as possible equivalent, to the classification of the position held by him immediately before his transfer to the Teaching Service of the Northern Territory.

 (2) Subject to subsection (6), where a transferred officer commences to perform the duties of a position in the Commonwealth Teaching Service to which he has been transferred or promoted:

 (a) he shall be deemed to have been re‑appointed to the Commonwealth Teaching Service as an officer on the day on which he commences to perform those duties;

 (b) he shall be deemed to have been so re‑appointed to the Commonwealth Teaching Service without probation unless the Secretary, by instrument in writing, otherwise determines; and

 (c) he is entitled to be paid salary and allowances as the holder of the position from and including that day, and not otherwise.

 (3) Subject to subsections (4) and (5), where a transferred officer who has been transferred or promoted to a position in the Commonwealth Teaching Service:

 (a) does not commence to perform the duties of that office within the period of 30 days after notice of the transfer or promotions is published in the Gazette; or

 (b) notifies the Secretary, in writing, before the expiration of that period, that he declines the transfer or promotion;

the transfer or promotion, as the case may be, is of no force or effect.

 (4) Where a transferred officer is transferred or promoted to a position in the Commonwealth Teaching Service, the Secretary may, on application made by the person before the expiration of the period of 30 days after notice of the transfer or promotion is published in the Gazette, determine that subsection (3) shall have effect in relation to the transfer or promotion as if the reference in that subsection to a period of 30 days were a reference to such longer period as is specified in the determination.

 (5) Where:

 (a) a transferred officer is transferred or promoted to a position in the Commonwealth Teaching Service;

 (b) at the time when notice of the transfer or promotion is published in the Gazette, the person is absent from his employment in the Teaching Service of the Northern Territory on leave granted before that time; and

 (c) the Secretary has not made a determination under subsection (4) in relation to the transfer or promotion;