sec.272Right of reappointment

### sec.272 Right of reappointment This section applies if— a person held an office of service with the State and the office was permanent (the former office ); and the person resigned from the former office to become a candidate for election as any of the following— a member of the Legislative Assembly; a senator or a member of the House of Representatives of the Commonwealth Parliament; a member of a house of Parliament of another State; and the person was a defeated candidate at the election. If the person resigned within 6 months before the day the period for nomination of candidates in the election ended, the person is entitled to be— reappointed to the former office; or appointed to another permanent office, whether of the same classification level or a lower classification level as the former office, within— the entity in which the person held the former office; or another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) . However, the reappointment or appointment may only be made if the person, within 2 months after the return of the writ for the election, notifies the chief executive responsible for the former office, or the chief executive of the entity mentioned in subsection (2) (b) , that the person intends to exercise the person’s right to reappointment or appointment under this section. The chief executive mentioned in subsection (3) must reappoint or appoint the person within 3 months after the return of the writ for the election. Despite this Act or another Act, the recruitment and selection provisions do not apply for the reappointment or appointment. However, subsection (5) does not prevent matters mentioned in the recruitment and selection provisions from being considered in making a decision on the reappointment or appointment. In this section— appoint includes employ. classification includes rank or grade. reappoint includes re-employ. recruitment and selection provisions means— chapter 3 , part 3 ; or if the former office of the person was as a police officer—the Police Service Administration Act 1990 , section 5 .2. (sec.272-ssec.1) This section applies if— a person held an office of service with the State and the office was permanent (the former office ); and the person resigned from the former office to become a candidate for election as any of the following— a member of the Legislative Assembly; a senator or a member of the House of Representatives of the Commonwealth Parliament; a member of a house of Parliament of another State; and the person was a defeated candidate at the election. (sec.272-ssec.2) If the person resigned within 6 months before the day the period for nomination of candidates in the election ended, the person is entitled to be— reappointed to the former office; or appointed to another permanent office, whether of the same classification level or a lower classification level as the former office, within— the entity in which the person held the former office; or another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) . (sec.272-ssec.3) However, the reappointment or appointment may only be made if the person, within 2 months after the return of the writ for the election, notifies the chief executive responsible for the former office, or the chief executive of the entity mentioned in subsection (2) (b) , that the person intends to exercise the person’s right to reappointment or appointment under this section. (sec.272-ssec.4) The chief executive mentioned in subsection (3) must reappoint or appoint the person within 3 months after the return of the writ for the election. (sec.272-ssec.5) Despite this Act or another Act, the recruitment and selection provisions do not apply for the reappointment or appointment. (sec.272-ssec.6) However, subsection (5) does not prevent matters mentioned in the recruitment and selection provisions from being considered in making a decision on the reappointment or appointment. (sec.272-ssec.7) In this section— appoint includes employ. classification includes rank or grade. reappoint includes re-employ. recruitment and selection provisions means— chapter 3 , part 3 ; or if the former office of the person was as a police officer—the Police Service Administration Act 1990 , section 5 .2. - (a) a person held an office of service with the State and the office was permanent (the former office ); and - (b) the person resigned from the former office to become a candidate for election as any of the following— (i) a member of the Legislative Assembly; (ii) a senator or a member of the House of Representatives of the Commonwealth Parliament; (iii) a member of a house of Parliament of another State; and - (i) a member of the Legislative Assembly; - (ii) a senator or a member of the House of Representatives of the Commonwealth Parliament; - (iii) a member of a house of Parliament of another State; and - (c) the person was a defeated candidate at the election. - (i) a member of the Legislative Assembly; - (ii) a senator or a member of the House of Representatives of the Commonwealth Parliament; - (iii) a member of a house of Parliament of another State; and - (a) reappointed to the former office; or - (b) appointed to another permanent office, whether of the same classification level or a lower classification level as the former office, within— (i) the entity in which the person held the former office; or (ii) another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) . - (i) the entity in which the person held the former office; or - (ii) another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) . - (i) the entity in which the person held the former office; or - (ii) another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) . - (a) chapter 3 , part 3 ; or - (b) if the former office of the person was as a police officer—the Police Service Administration Act 1990 , section 5 .2.