6Certain temporary employees to be deemed to be employees

6 Certain temporary employees to be deemed to be employees

(1) Where: (a) a person who was, immediately before the commencement of these Regulations, employed by the Administration of Papua New Guinea otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person had been so employed for a continuous period of not less than three years; (c) the prescribed officer or, on appeal from the prescribed officer, the Administrator, certified that that person’s employment was likely to be continued, in the case of a male, until he reaches the age of fifty‑five years or, in the case of a female, until she reaches the age of fifty years; and (d) the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations. (2) Where: (a) a person employed, on the date of commencement of the Superannuation (Papua and New Guinea) Ordinance (No. 2) 1957, by that Administration otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment; (b) that person had been so employed for a continuous period of not less than three years; (c) that person had applied within six months after that date to the Administrator for a declaration under subsection 4B(2) of the Superannuation Ordinance; (d) that person had already been so employed for a period of not less than ten years or the Administrator was satisfied that that person’s employment was likely to be continued for a period which when added to the period during which that person had already been employed would result in the person having been employed for a period of not less than ten years; and (e) the Administrator had, by notice in the Papua New Guinea Government Gazette, declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance; that person shall be deemed to be an employee within the meaning of these Regulations.