VICIn ForceAct
Building Act 1993
314Transfer of staff
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314 Transfer of staff
(1) On and after the commencement date, a person listed in a document prepared under section 313 is to be regarded as—
(a) having been engaged by the Authority with effect from the commencement date; and
(b) having been so engaged on terms and conditions no less favourable overall than those that applied to the person immediately before the commencement date; and
(c) having accrued an entitlement to benefits, in connection with that engagement by the Authority, that is equivalent to the entitlement that the person had accrued as an officer or employee of the VMIA before the commencement date.
(2) The service of the transferred officer or employee with the Authority is to be regarded for all purposes as having been continuous with the service of the officer or employee immediately before the commencement date with the VMIA.
(3) A person listed in a document prepared under section 313 who immediately before the commencement date was a member of a superannuation fund continues, on and after that date, to be a member of that fund and the person's superannuation entitlements are taken not to be affected by the transfer.
(4) A person is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the VMIA by operation of this Division.
(5) A certificate signed by the chief executive officer of the VMIA certifying that a person named in the certificate was, with effect from the commencement date, engaged by the Authority is admissible in evidence in any proceeding and is conclusive proof of the matters stated in it.
S. 315 inserted by No. 17/2025 s. 10.