Queensland Consolidated Acts

HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 80

80 Departmental health service employees to be employed by Services

(1) This section applies to a person employed in the department who is working for a Service immediately before the prescribed day for that Service.

(2) From the prescribed day, the person is taken to be employed by the Service on the same terms, conditions and entitlements as those applying to the person’s employment in the department immediately before the prescribed day.

(3) Also, the following apply for the person—

(a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as a health service employee in the department;

(b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave are not affected;

(c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;

(d) the employment does not constitute a termination of employment or a retrenchment or redundancy;

(e) the person is not entitled to a payment or other benefit because he or she is no longer employed in the department.

(4) Subject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the department to a Service.

(5) A person given a direction must comply with the direction.

(6) If a person employed under subsection (2) was employed in the department under a contract, the person is taken to be employed by the Service under the contract under which the person was employed before the prescribed day.