174Transfer of staff to Regulator

174 Transfer of staff to Regulator

(1) A person listed as an executive officer or employee in the Department of Government Services under section 173 (a transferred employee) who was an executive officer or employee immediately before the relevant date is taken—

(a) to be employed under Part 3 of the Public Administration Act 2004 with effect on the relevant date; and

(b) to be employed in the person's new position by the Regulator with effect from the relevant date; and

(c) to be employed on terms and conditions no less favourable overall than those that applied to the person as an executive officer or employee in the Department of Government Services immediately before that date; and

(d) to have accrued an entitlement to benefits in connection with employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that the person had accrued, as an executive officer or employee in the Department of Government Services, immediately before the relevant date.

(2) The service of a transferred employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant date, as an executive officer or employee in the Department of Government Services.

(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee in the Department of Government Services because of the operation of this Part.

(4) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.

(5) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under law, award or agreement with effect any time on or after the relevant date; or

(b) a transferred employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of their employment under Part 3 of the Public Administration Act 2004.

S. 175 inserted by No. 58/2025 s. 128.