38Re-employment of persons resigning to become candidates at

38 Re-employment of persons resigning to become candidates at elections (1) Where the Chief Executive Officer of an Agency in which a person was employed immediately before the person's resignation is satisfied that: (a) the person: (i) resigned from the Public Sector in order to become a candidate for election, or to take his or her seat as a person elected, as a member of a House of Parliament of the Commonwealth or as a member of the Legislative Assembly; and (ii) was a candidate at the election for the purposes of which the person resigned; and (iii) was not duly elected at that election; and (b) the resignation took effect not earlier than one month before the date on which nominations for that election closed; the Chief Executive Officer must, subject to this Act, on application by the person within 2 months after the declaration of the results of the election, re-employ the person to the Public Sector, without probation, at a salary equivalent, or as nearly as possible equivalent, to the salary that the person had immediately before the date on which his or her resignation took effect. Public Sector Employment and Management Act 1993 29 (2) Where: (a) proceedings in respect of an offence against a law of the Commonwealth or the Territory or of a State or another Territory are pending against a person who has made an application under subsection (1); or (b) proceedings in respect of an offence against a law of a foreign country (being an offence which, if committed in the Territory, would have constituted an offence against a law of the Commonwealth or of the Territory) are pending against a person who has made such an application; the person is not eligible for re-employment until the proceedings have been determined and unless the person has been acquitted of the offence or the Chief Executive Officer is of the opinion that the nature and circumstances of the offence are such that, if the offence had been committed by an employee, it is unlikely that the employment of the employee in the Public Sector would be terminated. (3) A person must be re-employed under this section without being required to undergo any medical examination and whether or not the person possesses the appropriate educational qualifications or meets the appropriate requirements. (4) A person re-employed under this section is taken to have continued in the Public Sector as if he or she had been on leave without salary during the period from the day of the person's resignation to and including the day immediately preceding the day on which the person was re-employed and, subject to section 32(8), that period forms part of the person's service in the Public Sector for all purposes other than calculating recreation or sick leave entitlements.