Commonwealth Numbered Acts

PUBLIC SERVICE ACTS AMENDMENT ACT 1975 No. 40, 1975 - SECT 12

12. After Division 9E of the Principal Act the following Division is
inserted:-

''Division 9F-Transfer of other Persons to the Service Definitions.
''81ZM. (1) In this Division, unless the contrary intention appears-

'Australian authority' means an authority established or constituted for a
public purpose by or under a law of Australia or of an internal Territory;

'authority of a State' includes a Minister of the Crown of a State;

'declared class of persons' means a class of persons specified in a
declaration under sub-section (1) or (2) of section 81ZN that is in force.

''(2) For the purposes of this Division, a person who, with the authority of
the Board given under sub-section (1) of section 81ZR, is employed in the
Service shall be taken to be engaged under this Division. Application.
''81ZN. (1) Where a Department or an Australian authority is exercising, or is
authorized to exercise, a function, the Governor-General may, by declaration
published in the Gazette, declare that this Division shall apply in relation
to a class of persons specified in the declaration, being persons who are
performing, or have been performing, duties concerned with the exercise of a
similar function by a State or an authority of a State or by any other
authority (including an Australian authority), body or person and are not
employed under this Act.

''(2) The Governor-General may, by declaration published in the Gazette,
declare that the Division shall apply in relation to a class of persons
specified in the declaration, being persons who are employed by an Australian
authority otherwise than under this Act. Notice in writing to elect to be
employed in the Service.
''81ZP. (1) The Board may, by notice in writing addressed to a person who is
included in a declared class of persons, inform the person-

   (a)  that he may elect to be appointed to the Service; or

   (b)  that he may elect to be employed in the Service in a specified
        Department.

''(2) An election in pursuance of a notice given under sub-section (1) shall
be made in writing addressed to the Board and shall be delivered to the
Secretary of the Board within the period of 21 days after the date of the
notice or within such further period as the Board, within that period of 21
days, allows.

''(3) A notice under sub-section (1) shall include particulars of the proposed
appointment or employment. Appointment to the Service.
''81ZQ. Where a person elects, in pursuance of a notice given under section
81ZP, to be appointed to the Service, the Board may (notwithstanding any other
provision of this Act except paragraphs (a) and (c) of section 34) appoint him
accordingly. Temporary employment in the Service.
''81ZR. (1) Where a person elects, in pursuance of a notice given under
section 81ZP, to be employed in the Service in the Department specified in
that notice, the Board may authorize his employment accordingly.

''(2) Sub-sections (1) and (2) of section 82 do not apply in relation to any
employment authorized by the Board under sub-section (1) of this section. Rate
of remuneration.
''81ZS. (1) Subject to this section and to sections 20, 55, 56, 62 and 67, and
to any law providing for a reduction in the remuneration payable to officers
of the Service generally, the rate of remuneration of an officer appointed, or
of an employee engaged, under this Division shall, while he continues in the
Service, be not less favourable than that to which, in the opinion of the
Board, he would have been entitled in respect of the normal position that he
occupied immediately before his appointment or engagement under this Division.

''(2) Where, by virtue of sub-section (1), the remuneration to which a person
is entitled would or might be increased by reason of an increment of salary in
respect of the normal position that he occupied immediately before his
appointment or engagement under this Division, his entitlement to the increase
is subject to the provisions that, under sub-sections (4), (5) and (6) of
section 31, apply to increments of salary referred to in sub-section (1) of
section 31.

''(3) In this section 'remuneration' means salary or pay and includes such
allowances as, in the opinion of the Board, should be regarded as having
formed part of the salary or pay of the officer or employee in the position
that he normally occupied immediately before his appointment or engagement
under this Division. Prior service to be reckoned as service in the Service.
''81ZT. Where the service in the Service of a person appointed or engaged
under this Division is continuous with a continuous period of permanent or
temporary employment, as the case may be, by the State, authority, body or
person by whom he was employed immediately before he was appointed or engaged
under this Division (including, in the case of a person who was employed by a
State, any employment deemed under the law of the State to have been
continuous with that period of employment by the State), that continuous
period of employment shall be reckoned, for the purposes of this Act, as
service in the Service. Accrued recreation leave.
''81ZU. A person appointed or engaged under this Division preserves his
eligibility for the grant of leave of absence for recreation that had accrued
immediately prior to his being so appointed or engaged. Special conditions of
employment.
''81ZV. (1) For the purpose of ensuring that conditions of employment of a
person appointed or engaged under this Division are, as far as possible, as
favourable as those that, in the opinion of the Board, he enjoyed immediately
before he was so appointed or engaged, the Board may, notwithstanding anything
in any other provision of this Act or in any other law-

   (a)  determine any conditions of employment that are to apply to him; or

   (b)  determine that an allowance is payable to him as compensation, or
        both.

''(2) In this section, 'conditions of employment' includes conditions relating
to salary, pay or allowances, but does not include conditions relating to
superannuation.''.