sec.29Entitlement of certain persons to appointment under Crown

### sec.29 Entitlement of certain persons to appointment under Crown Where in respect of a person who, immediately before the person’s appointment to an office provided for by this Act, was an officer of the public service and who 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 tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office; then, subject to subsection (2) , if before the termination of the person’s tenure of the office the person has informed the chief executive in writing of the person’s desire to exercise forthwith upon such termination the entitlement conferred by this subsection, or if within 7 days after such termination the person has informed the chief executive in writing of the person’s desire to exercise forthwith the entitlement conferred by this subsection, the person is entitled to be appointed to an office in the employment of or under the Crown with a rate of salary and, if that office is within the public service, a classification that are equivalent to the rate of salary and classification to which, in the opinion of the chief executive, the person would have attained in the ordinary course as an officer of the public service if the person had not been appointed to an office provided for by this Act, and in any case with a rate of salary and, if that office is within the public service, a classification that are at least equivalent to the rate of salary and classification of the office the person held in the public service before the person’s appointment to an office under this Act or, if there be more than 1 such appointment, the person’s last such appointment. If, at the time when tenure of an office provided for by this Act is terminated in a manner referred to in subsection (1) in respect of a person such as is referred to in that subsection, the person is under suspension from office and the Governor in Council has not decided with respect to the person as is prescribed by section 22 , then notwithstanding that the tenure of office has been terminated the Governor in Council shall proceed as required by that section and— if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person. Where a person is appointed as an officer within the public service pursuant to this section, for the purposes of this Act, the person’s continuous employment in a prescribed office or in offices each of which is a prescribed office shall not be taken to be broken by reason only that the person’s employment as an officer of the public service pursuant to an appointment under this section did not commence immediately upon the termination of the person’s tenure of an office provided for by this Act. s 29 amd 1986 No. 9 s 6 ; 1988 No. 52 s 44 sch 3 ; 1990 No. 80 s 3 sch 1 ; 2010 No. 42 s 214 sch (sec.29-ssec.1) Where in respect of a person who, immediately before the person’s appointment to an office provided for by this Act, was an officer of the public service and who 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 tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office; then, subject to subsection (2) , if before the termination of the person’s tenure of the office the person has informed the chief executive in writing of the person’s desire to exercise forthwith upon such termination the entitlement conferred by this subsection, or if within 7 days after such termination the person has informed the chief executive in writing of the person’s desire to exercise forthwith the entitlement conferred by this subsection, the person is entitled to be appointed to an office in the employment of or under the Crown with a rate of salary and, if that office is within the public service, a classification that are equivalent to the rate of salary and classification to which, in the opinion of the chief executive, the person would have attained in the ordinary course as an officer of the public service if the person had not been appointed to an office provided for by this Act, and in any case with a rate of salary and, if that office is within the public service, a classification that are at least equivalent to the rate of salary and classification of the office the person held in the public service before the person’s appointment to an office under this Act or, if there be more than 1 such appointment, the person’s last such appointment. (sec.29-ssec.2) If, at the time when tenure of an office provided for by this Act is terminated in a manner referred to in subsection (1) in respect of a person such as is referred to in that subsection, the person is under suspension from office and the Governor in Council has not decided with respect to the person as is prescribed by section 22 , then notwithstanding that the tenure of office has been terminated the Governor in Council shall proceed as required by that section and— if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person. (sec.29-ssec.3) Where a person is appointed as an officer within the public service pursuant to this section, for the purposes of this Act, the person’s continuous employment in a prescribed office or in offices each of which is a prescribed office shall not be taken to be broken by reason only that the person’s employment as an officer of the public service pursuant to an appointment under this section did not commence immediately upon the termination of the person’s tenure of an office provided for by this Act. - (a) the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or - (b) the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office; - (a) if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or - (b) if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.