323Saving of rights of public servants appointed to Authorities

323 Saving of rights of public servants appointed to Authorities

S. 323(1) amended by Nos 42/1995 s. 224(Sch. 2 item 48), 62/1995 s. 44(4)(a)(b), substituted by No. 46/1998
s. 7(Sch. 1).

(1) If a person ceases to be an officer of an Authority and that person—

(a) was immediately before his or her appointment as an officer of the Authority an employee in the public service; and

(b) has continuously been an officer of the Authority since he or she ceased to be an employee in the public service—

the person is entitled to be employed in the public service with a classification and emolument corresponding with or higher than those which he or she last held or received in the public service immediately before his or her appointment as an officer of an Authority as if the period of service as an officer of an Authority had been service in the public service and, for the purpose of long service leave, that person must be taken to have been an employee in the public service during the period of his or her service as an officer of an Authority.

S. 323(1A) inserted by No. 50/1992 s. 10(Sch. item 11.35).

(1A) In subsection (1) a reference to an appointment includes a reference to a transfer as a result of an Order made under section 98(1) or by virtue of clause 20(2)(e) of Schedule 3.

S. 323(2) amended by No. 25/2001 s. 13.

(2) Subsection (1) applies, with any necessary modifications, with respect to an officer or employee of a council or Catchment Management Authority that is an Authority who is employed solely, mainly or partly to perform duties for or in connection with the exercise by the council or Catchment Management Authority of any powers, functions or duties conferred on it by or under this Act in the same manner as it applies to an officer of an Authority.

S. 323A inserted by No. 22/1999 s. 5.