87ZEContinuity of employment by public authorities

##### 87ZE Continuity of employment by public authorities (1) Where a continuous period of employment of an officer by a public authority has commenced after, but not immediately after, the expiration of a continuous period of previous employment of the officer by such an authority, those periods of employment shall, for the purposes of this Part, be deemed to be continuous with one another if the officer was, throughout the period that commenced on the expiration of the second‑mentioned period of employment and ended immediately before the commencement of the first‑mentioned period of employment, the holder of a public office or the holder of 2 or more public offices in succession. (2) Where: (a) a continuous period of employment of an officer by a public authority has commenced after, but not more than 3 months after, the expiration of a continuous period of previous employment of the officer in eligible public employment; and (b) the officer was, throughout the period that commenced on the expiration of the second‑mentioned period of employment and ended immediately before the commencement of the first‑mentioned period of employment, performing duty in the Service; those periods of employment shall, for the purposes of this Part, be deemed to be continuous with one another unless the Board, being satisfied that it is in all the circumstances fair to do so, declares, by instrument in writing, that those periods shall not be so deemed to be continuous with one another. (3) Where: (a) a continuous period of employment of an officer by a public authority is followed immediately by a period throughout which he: (i) was not engaged in eligible public employment; (ii) was not performing duty in the Service; and (iii) was not absent from the Service on leave of absence granted under this Act; and (b) upon the expiration of the second‑mentioned period, if he has not ceased to be an officer, he becomes employed by a public authority; the first‑mentioned continuous period of employment and his continuous period of employment by that public authority or in the Service, as the case may be, that followed the second‑mentioned period shall be deemed to be continuous with one another. (4) Where: (a) a person who was a person to whom Division 2 applied: (i) ceased to be such a person by reason of his having retired from employment by a public authority in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State or of the Legislative Assembly for the Australian Capital Territory or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory; (ii) retired also from the Service; (iii) was a candidate at the election; and (iv) failed to be elected; (b) those retirements took effect not earlier than 1 month before the date on which nominations for the election closed; and (c) the person has, upon applications made within 2 months after the declaration of the result of the election, been re‑employed by that public authority and re‑appointed to the Service under section 47C; he shall be deemed to have continued in the employment of that public authority as if he had not retired and had been on leave of absence without pay during the period from and including the day on which his retirement became effective to and including the day on which he was so re‑employed. (5) Where: (a) a person who was a person to whom Division 3 applied: (i) ceased to be such a person by reason of his having retired from employment by a public authority in order to become a candidate for election as a member of a House of the Parliament of the Commonwealth or of a State or of the Legislative Assembly for the Australian Capital Territory or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory; (ii) was a candidate at the election; and (iii) failed to be elected; (b) the retirement took effect not earlier than 1 month before the date on which nominations for the election closed; and (c) the person has been re‑employed by that public authority upon application made within 2 months after the declaration of the result of the election; he shall be deemed to have continued in the employment of that public authority as if he had not retired and had been on leave of absence without pay during the period from and including the day on which his retirement became effective and to and including the day on which he was so re‑employed.