4Meaning of affected employee

4 Meaning of affected employee

(1) Subject to subsections (2) and (3), for the purposes of this Act, a person is or was an affected employee of a repatriation institution at a particular time (including a time before the commencement) if, at that time, the person is or was an officer or employee of the Department: (a) employed at the institution; or (b) usually employed at the institution but temporarily absent from that employment for any reason. (2) A person is not an affected employee of a repatriation institution at a particular time if, at that time: (a) the appointment, transfer or promotion of the person to an office or position in the Service has taken effect but the person has not started to perform the duties of the office or position; and (b) if the person had started to perform the duties of the office or position, the person would not be an officer of the Department employed, or usually employed, at the institution. (3) The Secretary of the Department may, in writing, determine that specified officers or employees employed, or usually employed, at a repatriation institution are not affected employees of the institution.