Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 130

130 Right of reappointment

(1) This section applies if—

(a) a person held an office of service with the State and the office was permanent (the
"former office" ); and

(b) the person resigned from that office to become a candidate for election as any of the following—

(i) a senator or a member of the House of Representatives of the Commonwealth Parliament;

(ii) a member of the Legislative Assembly; and

(c) the person was a defeated candidate at the election.

(2) The person is entitled to be—

(a) reappointed to the former office; or

(b) appointed to another service with the State, whether of the same classification level or a lower classification level as the former office.

(3) However, the reappointment or appointment—

(a) may only be made if the person resigned within 6 months before the day the period for nomination of candidates in the election ended; and

(b) must be made within 3 months after the return of the writ for the election.

(4) The reappointment or appointment may be made despite the person’s age.

(5) Despite this Act or another Act, the merit provisions do not apply for the reappointment or appointment.

(6) In this section—

"classification" includes rank or grade.

"merit provisions" means—

(a) generally— chapter 1 , part 4 ; or

(b) if the former officer of the person was as a police officer—the Police Service Administration Act 1990 , section 5 . 2.