Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a prescribed condition of re - appointment is fulfilled in respect of a transferred officer, he may, while he is a transferred officer or, subject to subsection ( 3), after he ceases to be a transferred officer, make application to the Secretary for re - appointment to the Commonwealth Teaching Service on the ground that that condition has been so fulfilled.
(2) Each of the following conditions is a prescribed condition of re - employment in respect of a transferred officer or former transferred officer:
(a) that his employment in the Teaching Service of the Northern Territory is to be, or has been, terminated otherwise than on the ground of his invalidity or by reason of his resignation;
(b) that, in a case where his employment in the Teaching Service of the Northern Territory has been terminated by reason of his having been found by a court to have committed a criminal offence:
(i) the finding of the court has been nullified; and
(ii) he has made application for re - appointment to that Service but has been refused re - appointment;
(c) that:
(i) he is employed, and has at all times since he became employed, in the Teaching Service of the Northern Territory continued to be employed, in that Service; and
(ii) his career in that Service has been adversely affected by reason of a reduction or reductions in, or an alteration or alterations to, the activities of that Service.
(3) A transferred officer is not entitled to make application under subsection ( 1) on the ground that a prescribed condition of re - appointment has been fulfilled in relation to him:
(a) if he has attained the age of 65 years;
(b) if his employment in the Teaching Service of the Northern Territory is to be terminated and he will attain the age of 65 years on or before the day on which that employment is to be terminated; or
(c) if his employment in the Teaching Service of the Northern Territory is to be, or has been, terminated by reason of his resignation or on the ground of his invalidity.
(4) Where a transferred officer:
(a) has made an application under subsection ( 1); and
(b) attains the age of 65 years while continuing to be employed in the Teaching Service of the Northern Territory;
the application lapses.
(5) An application by a transferred officer under subsection ( 1):
(a) shall be in writing;
(b) shall be made:
(i) if his application is on the ground that the prescribed condition of re - appointment referred to in paragraph ( a) of subsection ( 2) has been fulfilled in relation to him - before, or within the period of 30 days, or such further period as the Secretary allows, after, the day on which his employment in the Teaching Service of the Northern Territory is terminated; or
(ii) if his application is on the ground that the prescribed condition of re - appointment referred to in paragraph ( c) of subsection ( 2) has been fulfilled in relation to him - within the period of 30 days, or such further period as the Secretary allows, after the day on which the reduction or last reduction in, or the alteration or last alteration to, the activities of the Teaching Service of the Northern Territory occurs;
(c) shall specify the prescribed condition of re - appointment that he alleges has been fulfilled in relation to him and, if he specifies the prescribed condition of re - appointment referred to in paragraph ( a) of subsection ( 2), state whether his employment is to be terminated, or was terminated, on the ground of his misconduct;
(d) shall specify the kind of employment in the Commonwealth Teaching Service in which he seeks to be engaged; and
(e) shall, in a case where:
(i) he had been provisionally promoted to fill a vacant office in the Commonwealth Teaching Service, or had appealed against the provisional promotion of another person to fill such an office, before the day on which his employment in the Teaching Service of the Northern Territory is terminated; and
(ii) the provisional promotion had not been confirmed or cancelled before that day;
set out particulars of the provisional promotion or of the appeal, as the case may be.
(6) The Secretary shall refer an application made to him under subsection ( 1) to a Re - appointments Review Committee.
(7) The Re - appointments Review Committee to which an application under subsection ( 1) is referred shall inquire into the application and:
(a) if it is satisfied that a prescribed condition of re - appointment has been fulfilled in relation to the applicant:
(i) determine that the applicant is eligible for re - appointment to the Commonwealth Teaching Service with a specified designation, and at a specified salary, or at a specified salary within specified limits of salary;
(ii) determine whether, having regard only to the period of the applicant ' s service in the Commonwealth Teaching Service and in the Teaching Service of the Northern Territory, the applicant should, in its opinion, be re - appointed on probation; and
(iii) if that prescribed condition is the condition referred to in paragraph ( b) of subsection ( 2) - determine whether the period that commenced on the day immediately following the day on which his employment in the Teaching Service of the Northern Territory was terminated and ending on the day immediately preceding the day on which he reports for duty in the Commonwealth Teaching Service or, if he furnishes a notification under paragraph ( b) of subsection ( 4) of section 43W, on the day on which he attains the age of 65 years, or any part of that period, is to form part of his period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976 ) and, if so, the purposes for which it is to form part of his period of service; and
(b) if it is not so satisfied - determine that the applicant is not eligible for re - appointment to the Commonwealth Teaching Service.
(8) Where the Re - appointments Review Committee that inquires into an application under subsection ( 1) is satisfied that the employment of the applicant was terminated on the ground of his misconduct, it shall not determine that he is eligible for re - appointment to the Commonwealth Teaching Service unless it is satisfied that, if the applicant had committed that misconduct while employed as an officer of the Commonwealth Teaching Service, it is likely that he would not have been dismissed from that Service.
(9) The Re - appointments Review Committee that inquires into an application under subsection ( 1) by an applicant whose employment in the Teaching Service of the Northern Territory is to be, or has been, terminated in consequence of the annulment, for any reason, of his appointment while he is or was a probationer shall not determine that the applicant is eligible for re - appointment to the Commonwealth Teaching Service unless it is satisfiedthat, if the applicant had been serving as an officer in the Commonwealth Teaching Service on probation, it is likely that his appointment to the Commonwealth Teaching Service would not have been annulled for that reason.
(10) In making a determination under subsection ( 7), t he Re - appointments Review Committee shall have regard to:
(a) the designation applicable to the applicant; and
(b) the salary, or limits of salary, applicable to the applicant;
immediately before he ceased, or last ceased, to be an officer of the Teaching Service of the Northern Territory and to all other relevant matters.
(11) The Re - appointments Review Committee that inquires into an application referred to it under subsection ( 6) may, under subsection ( 7), determine that the applicant is eligible for re - appointment to the Commonwealth Teaching Service whether or not the applicant is eligible for re - appointment to that Service under subsection ( 2) of section 20.
(12) A determination of a Re - appointments Review Committee shall be reduced to writing, and the copy of the determination shall be furnished to the Secretary.
(13) Where a Re - appointments Review Committee determines, under subsection ( 7), that an applicant is not eligible for re - appointment to the Commonwealth Teaching Service, the Secretary shall, as soon as practicable after he receives a copy of the determination, furnish a copy of the determination to the applicant.