10Appointment of incumbent officers to executive positions

#### 10 Appointment of incumbent officers to executive positions 10 Appointment of incumbent officers to executive positions > > (1) If a position in the Audit Office is designated by the Auditor-General, as at 1 January 2005 or on any subsequent date, as an executive position, the person (if any) holding the position is to continue to hold that position until the person or some other person is duly appointed to the position. > > > (2) While the person continues to hold the position, the conditions of employment (including remuneration) of the person are to be the same as those which applied to the person immediately before the position was designated as an executive position. > > > (3) The person who continues to hold the position may be appointed to the position without the vacancy being advertised. > > > (4) If the person who continues to hold the position is not appointed to the position or to another executive position and the person was a member of staff of the former Department immediately before 1 January 2005, the following provisions apply— > > > > > (a) if the person is an existing non-SES officer—the person is entitled to continue to be employed in some other position in the Audit Office at a salary not less than the person’s existing salary, > > > > > (b) if the person is an existing SES officer who made an election, as referred to in clause 11 of Schedule 4 to the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043), to retain a right of return to the public sector—the person is entitled to an engagement in the public sector as provided by that clause, > > > > > (c) if the person is an existing SES officer who did not make such an election—the person is entitled to compensation under section 78 of the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043) as if the person were an executive officer to whom that section applies. > > > (5) In subclause (4)— > > > > existing non-SES officer means a member of staff of the former Department who, immediately before 1 January 2005, held a position in the former Department other than a senior executive position within the meaning of the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043). > > > > existing SES officer means a member of staff of the former Department who, immediately before 1 January 2005, held a senior executive position (within the meaning of the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043)) in the former Department.