87ZProvisions relating to certain officers on leave under section 71 and employed in Northern Territory Public Service

##### 87Z Provisions relating to certain officers on leave under section 71 and employed in Northern Territory Public Service (1) This section applies to an officer who: (a) on the day (in this section referred to as the prescribed day) on which regulations made for the purposes of subsection 87(4) in respect of the Public Service of the Northern Territory take effect, is engaged in employment in that Public Service; (b) on the day immediately preceding the prescribed day, was: (i) engaged in employment in that Public Service; and (ii) absent from the Service on leave of absence granted under section 71, in respect of a period ending on or after the prescribed day, for the purpose of enabling him to engage in that employment; and (c) immediately before the prescribed day, the officer is absent from the Service on leave of absence so granted under section 71 in respect of a period ending on or after the prescribed day. (2) An officer to whom this section applies shall: (a) if he has, at the expiration of the day immediately preceding the prescribed day, been continuously employed in the Public Service of the Northern Territory for a period (which may be, or may include, a period before the commencing day) of not less than 3 years and has, throughout that period, been absent from the Service on leave of absence granted under section 71, be deemed to have ceased to be an officer at the expiration of that day; or (b) in any other case—be deemed to have ceased to be absent from the Service on leave of absence granted under section 71 at the expiration of the day immediately preceding the prescribed day. (3) If an officer to whom this section applies who is not deemed, by reason of subsection (2), to have ceased to be an officer at the expiration of the day immediately preceding the prescribed day is employed by a public authority, or by 2 or more public authorities in succession, for a continuous period equal to the relevant period, being a period commencing on the prescribed day, he ceases to be an officer at the expiration of that continuous period. (4) For the purposes of subsection (3), the relevant period, in relation to an officer to whom this section applies, is the period ascertained by subtracting from 3 years a period equal to the continuous period (which may be, or may include, a period before the commencing day) that ended on the expiration of the day immediately preceding the prescribed day during which the officer was employed in the Public Service of the Northern Territory and was absent from the Service on leave of absence granted under section 71 for the purpose of enabling him to become so employed. (5) Where a person ceases to be an officer under subsection (3), the Board shall cause notice in writing of the cessation to be given to the person and to be given to the public authority by which he is employed, or, if he is to be taken to be employed by a public authority by virtue of the operation of subsection 87(2), (3) or (4), to such other person as the Board considers appropriate.