NSWIn ForceAct
Government Sector Employment Act 2013
72Re-employment of employees resigning to contest Commonwealth elections
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#### 72 Re-employment of employees resigning to contest Commonwealth elections
72 Re-employment of employees resigning to contest Commonwealth elections
> > (1) If a person who is employed in any government sector agency—
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> > > (a) resigns in writing from the government sector agency and the resignation takes effect not earlier than 3 months before polling day at an election of a member or members of either House of Parliament of the Commonwealth and before the day fixed for nominations for the election, and
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> > > (b) includes in the resignation notice of the person’s intention to become a candidate at that election, and
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> > > (c) becomes a candidate at that election, and
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> > > (d) fails to be elected at that election, and
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> > > (e) makes written application for re-employment in the government sector agency concerned within 2 months after the declaration of the result of that election,
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> > the person is entitled to be re-employed in the government sector agency not lower in remuneration than the current remuneration for the employment of the person at the date of the person’s resignation (or a similar employment).
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> > (2) A person, on being re-employed under this section, is taken—
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> > > (a) to have never resigned from the government sector agency concerned, and
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> > > (b) to have been on leave without pay during the period between resignation and re-employment.
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> > (3) In this section—
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> > government sector agency includes the service of a State owned corporation (or a subsidiary) or any service in which persons excluded from this Act by section 5 are employed.
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> **s 72:** Am 2016 No 2, Sch 1 \[27\].