sec.35Appointment on probation

sec.35 Appointment on probation

This section does not apply in relation to an appointment of the Clerk or to an office within the parliamentary service made on a contract basis. A person who is not already an officer of the parliamentary service and who is appointed to an office shall be so appointed on probation for a period not less than 12 months. A person who is already an officer of the parliamentary service and who is appointed by way of promotion to an office shall be so appointed on probation for a period not less than 6 months. Where a person has been appointed on probation in compliance with subsection (2) or (3) — if immediately before appointment the person was not an officer of the parliamentary service—the Clerk may— at any time during a period of probation, terminate the employment in the parliamentary service of the person; upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or if immediately before appointment the person was an officer of the parliamentary service—the Clerk may— at any time during a period of probation, rescind the appointment; upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment. Where an appointment is rescinded pursuant to subsection (4) (b) the services of the officer shall be retained at a salary not less than the level of salary of the person immediately before the person was so appointed, until he or she is appointed to an office in the parliamentary service or is otherwise duly dealt with in accordance with this Act. If a person who has been appointed on probation in compliance with subsection (2) or (3) is still serving a period of probation upon the expiry of 18 months after the date of appointment on probation, then, if within 1 month after that expiry the appointment has been neither confirmed nor rescinded, the person’s appointment shall be deemed to have been confirmed upon that expiry. s 35 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 61 (sec.35-ssec.1) This section does not apply in relation to an appointment of the Clerk or to an office within the parliamentary service made on a contract basis. (sec.35-ssec.2) A person who is not already an officer of the parliamentary service and who is appointed to an office shall be so appointed on probation for a period not less than 12 months. (sec.35-ssec.3) A person who is already an officer of the parliamentary service and who is appointed by way of promotion to an office shall be so appointed on probation for a period not less than 6 months. (sec.35-ssec.4) Where a person has been appointed on probation in compliance with subsection (2) or (3) — if immediately before appointment the person was not an officer of the parliamentary service—the Clerk may— at any time during a period of probation, terminate the employment in the parliamentary service of the person; upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or if immediately before appointment the person was an officer of the parliamentary service—the Clerk may— at any time during a period of probation, rescind the appointment; upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment. (sec.35-ssec.5) Where an appointment is rescinded pursuant to subsection (4) (b) the services of the officer shall be retained at a salary not less than the level of salary of the person immediately before the person was so appointed, until he or she is appointed to an office in the parliamentary service or is otherwise duly dealt with in accordance with this Act. (sec.35-ssec.6) If a person who has been appointed on probation in compliance with subsection (2) or (3) is still serving a period of probation upon the expiry of 18 months after the date of appointment on probation, then, if within 1 month after that expiry the appointment has been neither confirmed nor rescinded, the person’s appointment shall be deemed to have been confirmed upon that expiry.