(1)  Except as provided by this section –

(a) a person who was an employee of a former Council immediately before the commencement day continues as an employee of that Council as continued under the New Act; and

(b) until varied by that Council or by an applicable award made under another Act, the conditions of that person's continuing employment are the same as the conditions of his or her employment immediately before the commencement day.

(2)  The State Service Minister, by notice published in the Gazette during the first 2 months of the transitional period, may designate a Council employee to whom subsection (1) applies as a transferable employee.

(3)  For the purposes of subsection (2) , the State Service Minister may seek and take into account recommendations and advice from the Director or any Council.

(4)  On or as soon as practicable after designating a person as a transferable employee, the State Service Minister, by notice, is to offer the transferable employee appointment as a permanent employee under and in accordance with the State Service Act 2000 –

(a) for at least the same remuneration as he or she was receiving immediately before the commencement day; and

(b) to perform, at least for the transitional period, duties for the purposes of the New Act.

(5)  The notice under subsection (4) is to –

(a) explain the conditions of the offered appointment; and

(b) give an indication of the duties that the transferable employee would initially be expected to perform on taking up the offered appointment.

(6)  The transferable employee may accept or reject the offer of appointment by giving a notice of acceptance or rejection to the State Service Minister within 14 days after being given the notice under subsection (4) . 

(7)  If the offer of appointment is rejected (or is not acknowledged), the transferable employee continues in Council employment as provided by subsection (1) , but nothing in this section is to be taken as –

(a) guaranteeing the further continuation of that employment; or

(b) requiring that any further offer of appointment under the State Service Act 2000 be made to the transferable employee.

(8)  If the offer of appointment is accepted –

(a) the State Service Minister must, as soon as practicable after being notified of that acceptance, appoint the transferable employee as a permanent employee of the State Service in accordance with the conditions of the offer; and

(b) on that appointment, he or she ceases to be a Council employee and becomes subject to the State Service Act 2000 , employed, at least for the transitional period, for the purposes of the New Act.

(9)  The State Service Minister has power to do all things necessary or convenient to be done, consistent with this Act and the State Service Act 2000 , for or in connection with the performance of that Minister's functions under this section and, without limiting the generality of this, has power to –

(a) give undertakings; and

(b) enter into agreements with Councils.

(10)  Section 108 of the New Act applies to the giving of notices under this section.

(11)  An offer of State Service employment made to a transferable employee under this section lapses immediately, and is of no further effect, if the transferable employee ceases for any reason to be an employee of a Council before the State Service Minister is given notice of the acceptance of the offer.

(12)  In this section –

conditions , of employment, includes remuneration;

State Service Minister means the Minister administering the State Service Act 2000 .