87ZAProvisions relating to former officers who resigned to join certain commissions

##### 87ZA Provisions relating to former officers who resigned to join certain commissions (1) This section applies to a person who resigned or retired from the Service for the purpose of becoming engaged in prescribed employment if: (a) the person has, throughout the period that commenced on the day on which he became engaged in that employment and ends on the commencing day, been engaged in that employment, or in that employment and other employment, being: (i) eligible Commonwealth employment; or (ii) employment, other than eligible Commonwealth employment, of such a kind that the Officers’ Rights Declaration Act 1928 would have applied to him in respect of that employment, if, immediately before he became engaged in that employment, he had been an officer or a person to whom that Act applied; (b) the person has not, on the commencing day, attained the age of 65 years; and (c) the period referred to in paragraph (a) does not exceed 3 years. (2) A person to whom this section applies shall be deemed to have been appointed to the service on the commencing day: (a) as an unattached officer; and (b) without probation, unless the Board, by instrument in writing, otherwise determines. (3) A person to whom this section applies retains the rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness that had accrued to him immediately before he resigned or retired from the Service and, for the purpose of ascertaining his credits of leave of absence for recreation and leave of absence on account of illness, respectively: (a) his service during the period referred to in subsection (1) shall be treated as if it had been service in the Service; and (b) if he received, upon resigning or retiring from the Service, a payment in lieu of his recreation leave credit, his credit of leave of absence for recreation shall be reduced by a period equal to that leave credit. (4) Where, immediately before a person to whom this section applies resigned or retired from the Service as set out in subsection (1): (a) section 75A, 81K or 81V of this Act or section 14 of the Statistics (Arrangements with States) Act 1956 applied to him; 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 him; that section or that determination, as the case may be, applies to him as if he had not so resigned or retired from the Service and as if his service during the period referred to in that subsection were service in the Service. (5) If a person to whom this section applies 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 commencing day, he ceases to be an officer at the expiration of that continuous period. (6) For the purposes of subsection (5), the relevant period, in relation to a person to whom this section applies, is the period ascertained by subtracting from 3 years a period equal to the continuous period ended on the day immediately preceding the commencing day during which the person was engaged in employment of a kind or kinds referred to in subsection (1). (7) Where a person ceases to be an officer under subsection (5), 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 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.