Queensland Numbered Acts

HEALTH AND HOSPITALS NETWORK AND OTHER LEGISLATION AMENDMENT ACT 2012 No. 9 - SECT 34

After part 5, division 3—

insert—

'(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.

'(1) Subsection (2) applies if—

(a) a person is employed in the department and is working for a Service before the person becomes an employee of the Service under section 80; and

(b) before the person becomes an employee of the Service the person is appointed to perform a function or to do anything under this Act; and

(c) the function or thing has not been completed immediately before the prescribed day.

'(2) The person's appointment mentioned in subsection (1)(b) is not affected and the function or thing may be completed after the prescribed day.

Example—

A person's appointment as a clinical reviewer or as a member of an RCA team is not affected by the person becoming an employee of a Service and the person may complete the matter for which he or she was appointed.

'(1) Subsection (2) applies if—

(a) a person is employed in the department and is working for a Service before the person becomes an employee of the Service under section 80; and

(b) before the person becomes an employee of the Service a proceeding is taken by or against the person or anything else is done in relation to the person as an employee of the department; and

(c) the proceeding or other thing has not been completed immediately before the prescribed day.

'(2) The proceeding may be continued and completed after the prescribed day by or against the Service instead of the department.

'(3) For anything other than a proceeding, the thing may be continued unaffected by the person becoming an employee of the Service.

Examples for subsection (3)—

A recruitment and selection process involving a person employed in the department and working for a Service started before the prescribed day may continue after the prescribed day.

The approval of the annual leave for a person employed in the department and working for a Service before the prescribed day is effective after the prescribed day.'.