87SRights of officers upon re‑appointment

##### 87S Rights of officers upon re‑appointment (1) This section applies to a person who: (a) is deemed to have been re‑appointed to the Service under section 87M or 87Q; or (b) is re‑appointed to the Service under section 87R. (2) There shall be ascertained, in a manner determined by the Board, in writing, the period (if any) of leave of absence for recreation and the period (if any) of leave of absence on account of illness that is applicable to a person to whom this section applies on his re‑appointment and, if such a period is applicable to him, he shall be credited with that period. (3) Where, on the day on which a person to whom this section applies ceased, or last ceased, to be an officer: (a) section 75A, 81K or 81V of this Act or section 14 of the Statistics (Arrangements with States) Act 1956 applied to the person; or (b) a determination under section 81ZV of this Act, or under section 12 of the Aboriginal Affairs (Arrangements with the States) Act 1973, relating to long service leave applied to the person; that section or that determination, as the case may be, applies to him as if he had continued in the Service since that day, unless, since that day, he has made an election under subsection 87L(1). (6) Where a person to whom this section applies, being a person whose employment by a Commonwealth authority was terminated otherwise than on the ground of his misconduct, is, under subsection 87Q(4), to be deemed to have been absent from the Service on leave of absence without pay for a period immediately following his re‑appointment under section 87Q, he is entitled to be paid by the authority, in consequence of the termination of his employment, an amount equal to the amount of salary and allowances (if any) that would have been payable to him by the authority if, during that period, he had continued to be employed by the authority and to perform the duties that he was performing immediately before the termination of his employment. (7) An amount payable by a Commonwealth authority to a person under subsection (6) is payable: (a) if the authority has funds under its control that are lawfully available to pay the remuneration and allowances payable to the persons employed by it—out of those funds; or (b) in any other case—by the Commonwealth out of moneys lawfully available for the purpose.