12Pay point assignments

12 Pay point assignments

(1) Subject to this section, a pay point assignment must assign an office of Secretary to a pay point within the classification level of the office. Appointment to another office of Secretary (2) If: (a) a person who holds an office of Secretary (the former office) is appointed to another office of Secretary; and (b) the other office is assigned to a pay point which is lower than the pay point that applied to the person in the former office; then, until the time when the instrument of appointment to the former office would have expired according to its terms, the Secretary is entitled to the total remuneration that applies, from time to time, to the pay point that would have applied to the Secretary in the former office. Lowering of pay point (3) If, during the period of a person’s appointment to an office of Secretary, the pay point which applies to that office is lowered, the person is entitled, until that period of appointment ends, to the total remuneration that applies, from time to time, to the pay point that would have applied to the Secretary if the pay point had not been lowered. Maintaining pay point after expiry or end of previous appointment (4) If: (a) subsection (2) has applied to a person appointed to an office of Secretary; and (b) at the time that the instrument of appointment to the former office would have expired according to its terms, the Secretary of the Department of the Prime Minister and Cabinet is satisfied, after consulting the President of the Tribunal and the Australian Public Service Commissioner, that it is appropriate in the circumstances to maintain the remuneration of the person at a higher level than would apply under subsection (1); a pay point assignment may assign the person to a pay point not higher than the one that previously applied to the person. (5) If: (a) at the end of the appointment (the previous appointment) of a person referred to in subsection (3), that person is appointed to another office of Secretary or reappointed to the same office of Secretary (the current appointment); and (b) the Secretary of the Department of the Prime Minister and Cabinet is satisfied, after consulting the President of the Tribunal and the Australian Public Service Commissioner, that it is appropriate for the remuneration of the person in respect of the current appointment to be at a higher level than would otherwise apply under subsection (1); a pay point assignment may assign the person to a pay point not higher than the one that applied to the person immediately before the end of the previous appointment.