sec.61Preservation of rights

sec.61 Preservation of rights

This section applies if a public service officer is appointed as the commissioner. The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer. Without limiting subsection (2) , the person’s appointment does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the person to a payment or other benefit because the person is no longer a public service officer. At the completion of the person’s term of office under section 55 (a) or resignation as the commissioner under section 55 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service. (sec.61-ssec.1) This section applies if a public service officer is appointed as the commissioner. (sec.61-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer. (sec.61-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the person to a payment or other benefit because the person is no longer a public service officer. (sec.61-ssec.4) At the completion of the person’s term of office under section 55 (a) or resignation as the commissioner under section 55 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.

• (a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
• (b) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or