28Classification of offices and officers

##### 28 Classification of offices and officers (1) A classification is an approved classification for the purposes of this Act if and only if: (a) a determination under section 82D is in force in respect of salary in relation to offices having that classification; or (b) in a case to which paragraph (a) does not apply—the Board declares, in writing, that the classification is an approved classification for the purposes of this subsection. (1A) The Board may, in writing: (a) declare a classification to be a Senior Executive Service classification; or (b) declare all classifications included in a specified class of classifications to be Senior Executive Service classifications. (2) Where the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of 2 offices is the same, the classifications of the 2 offices shall be taken to be equal. (3) Where the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of an office is greater than the rate of salary, or the maximum rate of salary, as the case requires, payable in respect of another office, the classification of the first‑mentioned office shall be taken to be higher than the classification of the second‑mentioned office. (4) Subject to subsections 63K(3A), 63L(3A), 76F(1A), 76L(3) and 76W(3), an unattached officer who held an office immediately before becoming an unattached officer shall, until he ceases to be an unattached officer, have a classification corresponding to the classification of that office. (5) Nothing in subsection (1) shall be taken as limiting in any way the provision that may be made by an industrial award to vary the salary applicable in relation to an office or an officer.