QLDIn ForceAct
Magistrates Act 1991
sec.53DPreservation of rights
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### sec.53D Preservation of rights
This section applies if an employee of a prescribed authority (the relevant prescribed authority ) is appointed as a judicial registrar.
The person retains all rights that have accrued to the person because of employment by any prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar were a continuation of service as an employee of the relevant prescribed authority.
If the person stops being a judicial registrar for a reason other than a reason mentioned in section 53N (1) (d) , the person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person was appointed as a judicial registrar.
If the person stops being a judicial registrar because the person is appointed to a position in a prescribed authority, the person’s service as judicial registrar is to be regarded as service of a like nature with the prescribed authority for deciding the person’s rights as an employee of the prescribed authority.
In this section—
classification level , at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority.
employee , of a prescribed authority, means—
a public service officer employed by the prescribed authority; or
a police officer employed by the prescribed authority; or
a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority.
prescribed authority means—
a department; or
the Crime and Corruption Commission; or
Legal Aid Queensland; or
the police service; or
another entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.
s 53D ins 2007 No. 37 s 116
amd 2014 No. 21 s 94 (2) sch 2
(sec.53D-ssec.1) This section applies if an employee of a prescribed authority (the relevant prescribed authority ) is appointed as a judicial registrar.
(sec.53D-ssec.2) The person retains all rights that have accrued to the person because of employment by any prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar were a continuation of service as an employee of the relevant prescribed authority.
(sec.53D-ssec.3) If the person stops being a judicial registrar for a reason other than a reason mentioned in section 53N (1) (d) , the person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person was appointed as a judicial registrar.
(sec.53D-ssec.4) If the person stops being a judicial registrar because the person is appointed to a position in a prescribed authority, the person’s service as judicial registrar is to be regarded as service of a like nature with the prescribed authority for deciding the person’s rights as an employee of the prescribed authority.
(sec.53D-ssec.5) In this section— classification level , at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority. employee , of a prescribed authority, means— a public service officer employed by the prescribed authority; or a police officer employed by the prescribed authority; or a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority. prescribed authority means— a department; or the Crime and Corruption Commission; or Legal Aid Queensland; or the police service; or another entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.
- (a) a public service officer employed by the prescribed authority; or
- (b) a police officer employed by the prescribed authority; or
- (c) a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority.
- (a) a department; or
- (b) the Crime and Corruption Commission; or
- (c) Legal Aid Queensland; or
- (d) the police service; or
- (e) another entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.