sec.326Effect of pre-modernisation instrument order

### sec.326 Effect of pre-modernisation instrument order This section applies if the commission makes an order under section 325(5). From the start of a senior medical officer’s first full pay period that starts on or after the day the order is made— subject to subsection (3) and section 327(3), the pre-modernisation health instruments apply to the senior medical officer; and the senior medical officer’s interim SMO contract is terminated, other than to the extent it provides for the senior medical officer’s private practice and employment details. While the pre-modernisation health instruments apply to the senior medical officer, the employment conditions under the Industrial Relations Act 1999 , chapter 2 apply to the officer—see sections 8AA and 71B of that Act. Clause 4.11 of the pre-modernisation health agreement does not apply to the senior medical officer despite the making of the order. Clause 4.11 of the pre-modernisation health agreement is about private practice arrangements. The operation of subsection (2) does not— constitute a termination of the senior medical officer’s employment; or entitle the senior medical officer to a payment of money or other compensation. In this section— employment details , in relation to an interim SMO contract, means a matter provided for under schedule 2, items 1 to 8 (other than item 8a) of the contract. s 326 ins 2015 No. 7 s 35M (sec.326-ssec.1) This section applies if the commission makes an order under section 325(5). (sec.326-ssec.2) From the start of a senior medical officer’s first full pay period that starts on or after the day the order is made— subject to subsection (3) and section 327(3), the pre-modernisation health instruments apply to the senior medical officer; and the senior medical officer’s interim SMO contract is terminated, other than to the extent it provides for the senior medical officer’s private practice and employment details. While the pre-modernisation health instruments apply to the senior medical officer, the employment conditions under the Industrial Relations Act 1999 , chapter 2 apply to the officer—see sections 8AA and 71B of that Act. (sec.326-ssec.3) Clause 4.11 of the pre-modernisation health agreement does not apply to the senior medical officer despite the making of the order. Clause 4.11 of the pre-modernisation health agreement is about private practice arrangements. (sec.326-ssec.4) The operation of subsection (2) does not— constitute a termination of the senior medical officer’s employment; or entitle the senior medical officer to a payment of money or other compensation. (sec.326-ssec.5) In this section— employment details , in relation to an interim SMO contract, means a matter provided for under schedule 2, items 1 to 8 (other than item 8a) of the contract. - (a) subject to subsection (3) and section 327(3), the pre-modernisation health instruments apply to the senior medical officer; and - (b) the senior medical officer’s interim SMO contract is terminated, other than to the extent it provides for the senior medical officer’s private practice and employment details. - (a) constitute a termination of the senior medical officer’s employment; or - (b) entitle the senior medical officer to a payment of money or other compensation.