69Transfer of staff to the Authority

69 Transfer of staff to the Authority

(1) On the commencement day, a person who was employed by an old body immediately before the commencement day is taken to be employed by the Authority.

(2) A transferred employee is taken to—

(a) be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old body immediately before the commencement day; and

(b) have accrued an entitlement to benefits in connection with the employment with the Authority that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old body, immediately before the commencement day.

(3) The service of a transferred employee with the Authority is taken to be continuous with that service of the transferred employee as an employee of the old body that ceased immediately before the commencement day.

(4) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old body because of the operation of this Part.

(5) The chief executive officer of the Authority may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the Authority with effect on and from the commencement day.

(6) A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is proof of the matters stated in it.

(7) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.

(8) If a transferred employee was, immediately before the commencement day, an officer within the meaning of the State Superannuation Act 1988, the transferred employee continues to be such an officer.

(9) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect on or after the commencement day; or

(b) a transferred employee from resigning or being dismissed on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the Authority.