87UCExcess officer applying for appointment to an office in the Service

##### 87UC Excess officer applying for appointment to an office in the Service (1) This section applies to an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies and who: (a) after the commencement of this section, becomes excess in relation to the employment because of which he or she is an officer to whom that repealed Act applies; and (b) is notified, as prescribed, by the employing authority of the effect in relation to the officer of the operation of this section; and (c) applies to the Commissioner, before the end of 60 days after the date on which he or she so became excess or the date on which he or she was so notified, whichever is the later date, to be appointed to an office in the Service; and (d) is so appointed. (2) If, within the period referred to in paragraph (1)(c), the officer elects that the repealed Officers’ Rights Declaration Act 1928 is to cease to apply to him or her, subsection 87SC(1) has effect as if he or she had been a person to whom Division 3 applied when he or she became excess in relation to his or her employment as mentioned in paragraph (1)(a). (3) If the office to which the officer is appointed is abolished within 14 days after the officer is appointed to that office: (a) any act or thing validly done by the employing authority in relation to the employment referred to in paragraph (1)(a) in respect of the compulsory or voluntary retirement or retrenchment, or possible compulsory or voluntary retirement or retrenchment, of the officer from that employment is to be treated as if it had been the corresponding act or thing done by the relevant Secretary in respect of the officer’s employment in the Service and had been validly done under the Public Service Redundancy Award; and (b) without limiting the generality of paragraph (a): (i) the retention period provided for by the Public Service Redundancy Award in relation to the officer’s employment in the Service is taken to have begun on the date on which he or she became excess as mentioned in paragraph (1)(a); and (ii) if the employing authority in relation to the employment referred to in paragraph (1)(a) makes a valid decision to pay to the officer an amount in lieu of his or her continuing in that employment for the relevant retention period applicable in relation to that employment, then, upon the making of the decision, the retention period provided for by the Public Service Redundancy Award in relation to the officer’s employment in the Service is taken to have expired.