sec.28Retention of rights as public servant

### sec.28 Retention of rights as public servant Where an officer of the public service is appointed to an office provided for by this Act the officer shall, subject to subsection (2) , retain the officer’s entitlement to rights that have accrued to the officer as such an officer at the time the officer’s appointment takes effect and to other rights including rights in respect of long service leave that would have accrued to the officer had the officer remained such an officer. The rights to which a person retains the person’s entitlement pursuant to subsection (1) includes the right to apply for and to be appointed to any office within the public service as if the person were then an officer within the public service, if since the person’s first appointment to an office provided for by this Act the person has been in continuous employment in an office that is a prescribed office or in offices each of which is a prescribed office. A person who applies for an office within the public service pursuant to subsection (1A) shall for that purpose be deemed to have seniority in the public service as if, in respect of any period of continuous service in an office or offices provided for by this Act, the person were employed for that period in the position (with such variation (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held within the public service immediately prior to the commencement of that period of service. An officer of the public service who is appointed to an office provided for by this Act may, within 6 months after the officer’s appointment takes effect, elect in writing given to the Minister to be paid the cash equivalent of all or part of the officer’s entitlements to annual recreation leave that have accrued to the officer at the time the officer’s appointment takes effect whereupon the officer shall no longer retain the officer’s entitlements to such leave to the extent to which the officer has so elected but— if the officer does not so elect; or if the officer so elects in respect of part only of the officer’s entitlements to such leave; the officer shall exercise the officer’s entitlements to annual recreation leave or, as the case may be, the balance thereof in accordance with the conditions of employment upon which the officer holds the office provided for by this Act. Where a person who immediately before the person’s appointment to an office provided for by this Act was an officer of the public service again becomes such an officer, if the person has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act, the person’s service in an office provided for by this Act shall be treated as service in a permanent capacity in the public service for the purpose of determining the person’s rights as an officer of the public service and, subject to subsection (4) , the person’s seniority in the public service. For the purpose of determining the seniority in the public service of a person referred to in subsection (3) , the person shall be deemed to have held during any period of continuous service in an office or offices provided for by this Act the position (with such variations (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held in the public service immediately prior to the commencement of that period of service. s 28 amd 1986 No. 9 s 5 (sec.28-ssec.1) Where an officer of the public service is appointed to an office provided for by this Act the officer shall, subject to subsection (2) , retain the officer’s entitlement to rights that have accrued to the officer as such an officer at the time the officer’s appointment takes effect and to other rights including rights in respect of long service leave that would have accrued to the officer had the officer remained such an officer. (sec.28-ssec.1A) The rights to which a person retains the person’s entitlement pursuant to subsection (1) includes the right to apply for and to be appointed to any office within the public service as if the person were then an officer within the public service, if since the person’s first appointment to an office provided for by this Act the person has been in continuous employment in an office that is a prescribed office or in offices each of which is a prescribed office. (sec.28-ssec.1B) A person who applies for an office within the public service pursuant to subsection (1A) shall for that purpose be deemed to have seniority in the public service as if, in respect of any period of continuous service in an office or offices provided for by this Act, the person were employed for that period in the position (with such variation (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held within the public service immediately prior to the commencement of that period of service. (sec.28-ssec.2) An officer of the public service who is appointed to an office provided for by this Act may, within 6 months after the officer’s appointment takes effect, elect in writing given to the Minister to be paid the cash equivalent of all or part of the officer’s entitlements to annual recreation leave that have accrued to the officer at the time the officer’s appointment takes effect whereupon the officer shall no longer retain the officer’s entitlements to such leave to the extent to which the officer has so elected but— if the officer does not so elect; or if the officer so elects in respect of part only of the officer’s entitlements to such leave; the officer shall exercise the officer’s entitlements to annual recreation leave or, as the case may be, the balance thereof in accordance with the conditions of employment upon which the officer holds the office provided for by this Act. (sec.28-ssec.3) Where a person who immediately before the person’s appointment to an office provided for by this Act was an officer of the public service again becomes such an officer, if the person has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act, the person’s service in an office provided for by this Act shall be treated as service in a permanent capacity in the public service for the purpose of determining the person’s rights as an officer of the public service and, subject to subsection (4) , the person’s seniority in the public service. (sec.28-ssec.4) For the purpose of determining the seniority in the public service of a person referred to in subsection (3) , the person shall be deemed to have held during any period of continuous service in an office or offices provided for by this Act the position (with such variations (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held in the public service immediately prior to the commencement of that period of service. - (a) if the officer does not so elect; or - (b) if the officer so elects in respect of part only of the officer’s entitlements to such leave;