sec.1101Health employment overpayments and health employment transition loans

### sec.1101 Health employment overpayments and health employment transition loans The repeal of chapter 15, part 3 by the Industrial Relations and Other Legislation Amendment Act 2022 does not affect the validity of an agreement between a health employer and a health employee, or a health employer and a former health employee, entered into before the commencement, about— the recovery, by the employer, of an amount paid by the employer to the employee or former employee in relation to employment, or purportedly in relation to employment, to which the employee or former employee was not entitled (an overpayment ); or a loan made by the employer to the employee or former employee mentioned in repealed section 949(1). However, an unrecoverable outstanding amount may not be recovered by the State as a debt due to the State. An unrecoverable outstanding amount is an amount of an overpayment mentioned in subsection (1)(a), or a loan mentioned in subsection (1)(b), if— the overpayment or loan was made before 14 August 2012; and immediately before the commencement— the amount of the overpayment or loan had not been recovered by a health employer; and the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and the health employee had not repaid any of the amount of the overpayment or loan to a health employer. For subsection (3)(b)(iii), a deduction from an amount payable to a health employee under repealed chapter 15, part 3 does not count as an amount repaid by the employee. In this section— health employee see repealed section 947. health employer see repealed section 947. s 1101 ins 2022 No. 27 s 62 (sec.1101-ssec.1) The repeal of chapter 15, part 3 by the Industrial Relations and Other Legislation Amendment Act 2022 does not affect the validity of an agreement between a health employer and a health employee, or a health employer and a former health employee, entered into before the commencement, about— the recovery, by the employer, of an amount paid by the employer to the employee or former employee in relation to employment, or purportedly in relation to employment, to which the employee or former employee was not entitled (an overpayment ); or a loan made by the employer to the employee or former employee mentioned in repealed section 949(1). (sec.1101-ssec.2) However, an unrecoverable outstanding amount may not be recovered by the State as a debt due to the State. (sec.1101-ssec.3) An unrecoverable outstanding amount is an amount of an overpayment mentioned in subsection (1)(a), or a loan mentioned in subsection (1)(b), if— the overpayment or loan was made before 14 August 2012; and immediately before the commencement— the amount of the overpayment or loan had not been recovered by a health employer; and the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and the health employee had not repaid any of the amount of the overpayment or loan to a health employer. (sec.1101-ssec.4) For subsection (3)(b)(iii), a deduction from an amount payable to a health employee under repealed chapter 15, part 3 does not count as an amount repaid by the employee. (sec.1101-ssec.5) In this section— health employee see repealed section 947. health employer see repealed section 947. - (a) the recovery, by the employer, of an amount paid by the employer to the employee or former employee in relation to employment, or purportedly in relation to employment, to which the employee or former employee was not entitled (an overpayment ); or - (b) a loan made by the employer to the employee or former employee mentioned in repealed section 949(1). - (a) the overpayment or loan was made before 14 August 2012; and - (b) immediately before the commencement— (i) the amount of the overpayment or loan had not been recovered by a health employer; and (ii) the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and (iii) the health employee had not repaid any of the amount of the overpayment or loan to a health employer. - (i) the amount of the overpayment or loan had not been recovered by a health employer; and - (ii) the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and - (iii) the health employee had not repaid any of the amount of the overpayment or loan to a health employer. - (i) the amount of the overpayment or loan had not been recovered by a health employer; and - (ii) the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and - (iii) the health employee had not repaid any of the amount of the overpayment or loan to a health employer.