sec.408Assistant commissioners continue as senior executive officers

### sec.408 Assistant commissioners continue as senior executive officers This section applies to a person who, immediately before the commencement day, holds an appointment as an assistant commissioner. At the start of the commencement day, the appointment and employment of the person as an assistant commissioner ends. From the start of the commencement day, the person is appointed as— for the assistant commissioner (crime)—the senior executive officer (crime); or for the assistant commissioner (misconduct)—the senior executive officer (corruption). The person is taken to be employed as the senior executive officer (crime) or senior executive officer (corruption) under the contract under which the person was employed as an assistant commissioner before the commencement day. Without limiting subsection (4), the person’s appointment and employment as the senior executive officer (crime) or senior executive officer (corruption) continues on the same terms, conditions and entitlements as those applying to the person’s appointment and employment as an assistant commissioner. Also, the following applies for the person— the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an assistant commissioner, including because of the operation of section 249(2) as in force before the commencement day; the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; continuity of service is not interrupted, 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; the employment does not constitute a termination of employment or a retrenchment or redundancy; the person is not entitled to a payment or other benefit because the person is no longer an assistant commissioner; section 249(3) as in force before the commencement day does not apply to the person in relation to the person ceasing to be an assistant commissioner. See also section 247(3C) in relation to counting time spent by a person as assistant commissioner as time spent by the person as a senior officer. s 408 ins 2014 No. 21 s 81 amd 2024 No. 24 s 57 s ch 1 pt 2 (sec.408-ssec.1) This section applies to a person who, immediately before the commencement day, holds an appointment as an assistant commissioner. (sec.408-ssec.2) At the start of the commencement day, the appointment and employment of the person as an assistant commissioner ends. (sec.408-ssec.3) From the start of the commencement day, the person is appointed as— for the assistant commissioner (crime)—the senior executive officer (crime); or for the assistant commissioner (misconduct)—the senior executive officer (corruption). (sec.408-ssec.4) The person is taken to be employed as the senior executive officer (crime) or senior executive officer (corruption) under the contract under which the person was employed as an assistant commissioner before the commencement day. (sec.408-ssec.5) Without limiting subsection (4), the person’s appointment and employment as the senior executive officer (crime) or senior executive officer (corruption) continues on the same terms, conditions and entitlements as those applying to the person’s appointment and employment as an assistant commissioner. (sec.408-ssec.6) Also, the following applies for the person— the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an assistant commissioner, including because of the operation of section 249(2) as in force before the commencement day; the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; continuity of service is not interrupted, 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; the employment does not constitute a termination of employment or a retrenchment or redundancy; the person is not entitled to a payment or other benefit because the person is no longer an assistant commissioner; section 249(3) as in force before the commencement day does not apply to the person in relation to the person ceasing to be an assistant commissioner. See also section 247(3C) in relation to counting time spent by a person as assistant commissioner as time spent by the person as a senior officer. - (a) for the assistant commissioner (crime)—the senior executive officer (crime); or - (b) for the assistant commissioner (misconduct)—the senior executive officer (corruption). - (a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an assistant commissioner, including because of the operation of section 249(2) as in force before the commencement day; - (b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; - (c) continuity of service is not interrupted, 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; - (d) the employment does not constitute a termination of employment or a retrenchment or redundancy; - (e) the person is not entitled to a payment or other benefit because the person is no longer an assistant commissioner; - (f) section 249(3) as in force before the commencement day does not apply to the person in relation to the person ceasing to be an assistant commissioner.