3Reinstatement of certain former Crown servants

3 Reinstatement of certain former Crown servants

[Section 3 Subsection (6) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  Where a person who –

(a) was a Crown servant;

(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;

(c) was a candidate at that election; and

(d) failed to be elected –

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.

(2)  Where a person is so reappointed, he shall, subject to subsection (3) , 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.

(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 Long Service Leave (State Employees) Act 1994 the person is to for the purpose of subsection (2) be treated, in respect of the period in respect of which the amount of the allowance is calculated under subsection (2) of that section , 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.

(4)  If a person's reappointment as mentioned in subsection (3) takes effect before the expiration of the period therein mentioned, the whole period shall for the purposes of subsection (2) be deemed to have expired on the day before his reappointment took effect.

(5)  No person has a right of appeal against an appointment under this section.