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PUBLIC SERVICE ACT 2008 - SECT 295
Application of s 149C for public service employees acting at higher classification levels
(1) This section applies if— (a) immediately before the commencement, a
person was seconded to, under section 120(1)(a), or acting at, a higher
classification level in a department; and
(b) the person has, on the
commencement or within 3 months after the commencement, been seconded to or
acting at the higher classification level for a continuous period of at least
1 year.
(2) The person may ask the department’s chief executive to appoint
the person to a position at a higher classification level under
section 149C(3) within— (a) 3 months after the commencement; or
(b) if a
longer period for a particular class of employees of which the person is a
member is agreed between the department’s chief executive and an employee
organisation for the class of employee, and approved by the
commission chief executive—the longer period.
(3) For applying
section 149C, the period for which the person has been continuously acting at
the higher classification level before the commencement is to be taken into
account for working out how long the person has been acting at that level for
a continuous period for section 149C(1)(b).
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