140Re-employment of employee after quashing etc of

140 Re-employment of employee after quashing etc of conviction (1) This section applies to a former fixed-term employee if the former employee— (b) asks the head of service within a reasonable time, in writing, for the disciplinary action taken against the former employee to be overturned. (2) The head of service must consider the former employee’s request and— (a) do 1 or both of the following: (i) re-employ the former employee; (ii) take other action reasonably necessary to overturn the disciplinary action; or (b) refuse the request. (3) For subsection (2) (a) (i), the head of service must employ the person in the same or a similar capacity with the same rate of pay as that payable to the person immediately before the person’s employment ended. (4) A former employee who is re-employed under this section must be paid, for the intervening period, the salary the employee was paid immediately before the head of service ended the employee’s employment.

Former employee Division 7.4