sec.5.7Conditions of employment of commissioned officers

### sec.5.7 Conditions of employment of commissioned officers Appointment to a position as a commissioned officer, including by way of promotion— if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or in the case of any other position—is to be on the basis of full-time employment. A person— is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c) ; if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure; if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— upon a tenure not limited by time; or for a limited duration of tenure. The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis— are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and are not subject to any industrial instrument or any determination or rule of an industrial authority. If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. s 5.7 amd 1992 No. 36 s 2 sch 1 ; 1993 No. 77 s 2 sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2023 No. 7 s 68 s ch 1 pt 1 (sec.5.7-ssec.1) Appointment to a position as a commissioned officer, including by way of promotion— if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or in the case of any other position—is to be on the basis of full-time employment. (sec.5.7-ssec.2) A person— is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c) ; if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure; if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— upon a tenure not limited by time; or for a limited duration of tenure. (sec.5.7-ssec.3) The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis— are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and are not subject to any industrial instrument or any determination or rule of an industrial authority. (sec.5.7-ssec.4) If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. - (a) if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or - (b) in the case of any other position—is to be on the basis of full-time employment. - (a) is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c) ; - (b) if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure; - (c) if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— (i) upon a tenure not limited by time; or (ii) for a limited duration of tenure. - (i) upon a tenure not limited by time; or - (ii) for a limited duration of tenure. - (i) upon a tenure not limited by time; or - (ii) for a limited duration of tenure. - (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and - (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and - (c) are not subject to any industrial instrument or any determination or rule of an industrial authority.