Ministerial and Other Office Holder Staff Act 2010
sec.13Preservation of public service employee’s rights
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sec.13 Preservation of public service employee’s rights
This section applies if, immediately before being employed as a staff member, a person was employed on tenure as a public service employee. The person keeps all rights accrued or accruing to the person as a public service employee as if service as a staff member were a continuation of service as a public service employee. If the person’s contract of employment as a staff member ends other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment as a staff member— the person becomes a public service employee employed on tenure— at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and the person’s service as a staff member is taken to be service as a public service employee for working out the person’s rights as a public service employee. (sec.13-ssec.1) This section applies if, immediately before being employed as a staff member, a person was employed on tenure as a public service employee. (sec.13-ssec.2) The person keeps all rights accrued or accruing to the person as a public service employee as if service as a staff member were a continuation of service as a public service employee. (sec.13-ssec.3) If the person’s contract of employment as a staff member ends other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment as a staff member— the person becomes a public service employee employed on tenure— at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and the person’s service as a staff member is taken to be service as a public service employee for working out the person’s rights as a public service employee.
- (a) the person becomes a public service employee employed on tenure— (i) at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and (ii) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and (iii) in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and