58BSpecial provision regarding certain fixed‑term employees

#### 58B Special provision regarding certain fixed‑term employees (1) Subsection (2) applies to a person who: (a) ceases to be an eligible employee; and (b) immediately before ceasing to be an eligible employee, is a fixed‑term employee under employment referred to in this section as the latest employment; and (c) immediately before becoming a fixed‑term employee under the latest employment: (i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or (ii) was an employee (other than a fixed‑term employee) of the authority or body that appointed him or her as a fixed‑term employee under the latest employment; or (iii) was employed by the Commonwealth (otherwise than as a fixed‑term employee) under the same law (not being the Public Service Act) as that under which he or she was employed in the latest employment; or (iv) was a fixed‑term employee (other than a person referred to in paragraph 57B(1)(d) or (e)) who would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed‑term employee had he or she not been appointed or employed as a fixed‑term employee under the latest employment; or (v) was: (A) a fixed‑term employee of the authority or body that appointed or employed him or her under the latest employment; or (B) a fixed‑term employee of the Commonwealth under the same law (not being the Public Service Act) as that under which he or she was employed in the latest employment; who would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed‑term employee had he or she not been appointed or employed as a fixed‑term employee under the latest employment; or (vi) held a statutory office and would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to that office had he or she not become a fixed‑term employee. (2) A person to whom this subsection applies is to be deemed, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of his or her appointment or employment as a fixed‑term employee if: (a) the person was eligible to be re‑appointed or re‑employed as a fixed‑term employee; and (b) he or she desired to be so re‑appointed or re‑employed; and (c) he or she was not so re‑appointed or re‑employed. (3) If: (a) a person who is a fixed‑term employee ceases to be an eligible employee on the expiration of the fixed term of his or her appointment or employment as a fixed‑term employee; and (b) the person is not a person to whom subsection (2) applies; and (c) the person is eligible to be re‑appointed or re‑employed as a fixed‑term employee; and (d) although the person desires to be so re‑appointed or re‑employed, he or she is not so re‑appointed or re‑employed; the person is not to be deemed, for the purposes of this Act, to have retired involuntarily. (4) If: (a) it is provided in a document by means of which a person is appointed or employed as a fixed‑term employee, or it is a term or condition of the appointment or employment, that subsection (2) is not to apply to the person in relation to the appointment or employment; and (b) the fixed term of the appointment or employment expires; and (c) the person is eligible to be re‑appointed or re‑employed as a fixed‑term employee; and (d) although the person desires to be so re‑appointed or re‑employed, he or she is not so re‑appointed or re‑employed; and (e) but for this subsection, the person would have been deemed to have retired involuntarily; the person is not to be deemed, for the purposes of this Act, to have retired involuntarily. (5) If: (a) it is provided in a document by means of which a person is appointed or employed as a fixed‑term employee, or it is a term or condition of the appointment or employment, that subsection (3) is not to apply to the person in relation to the appointment or employment; and (b) the fixed term of the appointment or employment expires; and (c) the person is eligible to be re‑appointed or re‑employed as a fixed‑term employee; and (d) although the person desires to be so re‑appointed or re‑employed, he or she is not so re‑appointed or re‑employed; and (e) but for this subsection, the person would not have been deemed to have retired involuntarily; the person is to be deemed, for the purposes of this Act, to have retired involuntarily. (6) If a person who is a fixed‑term employee ceases to be an eligible employee because his or her appointment or employment is terminated before the expiration of the fixed term, the following provisions have effect: (a) if: (i) the document by means of which the person was appointed or employed in the position or office provided that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act; or (ii) it was a term or condition of the appointment or employment that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act; the person is not to be deemed, for the purposes of this Act, to have retired involuntarily; (b) in any other case, the person is to be deemed, for the purposes of this Act, to have retired involuntarily. (7) A document by means of which a person is appointed or employed as a fixed‑term employee must not include provision of the kind mentioned in paragraph (5)(a) except with the approval of the Minister. (8) A person must not be appointed or employed as a fixed‑term employee on the basis that it is a term or condition of the appointment or employment that subsection (3) is not to apply to the person in relation to the appointment or employment unless the Minister has approved the appointment or employment of the person on that basis. (9) The inclusion of a provision in a document in contravention of subsection (7) is ineffective for the purposes of paragraph (5)(a), but the document is as effective in all other respects as it would be apart from this subsection. (10) If a person is appointed or employed in contravention of subsection (8), the term or condition referred to in that subsection is ineffective, but all other terms and conditions of the appointment or employment are as effective in all other respects as they would be apart from this subsection. (11) In the case of a person who has ceased to be an eligible employee on more than one occasion, this section cannot have effect except in relation to the last such occasion.