AustLII Tasmanian Numbered Regulations

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RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - SCHEDULE 2

- Appointment and Terms and Conditions of Employment of Officers of Board

SCHEDULE 2 - Appointment and Terms and Conditions of Employment of Officers of Board

Regulation 11(4)

1.    Application of Schedule
Except for clause 7 , this Schedule does not apply to the CEO.
2.    Officers to perform functions determined by Board
An officer of the Board must perform –
(a) any functions specified in the instrument of appointment; and
(b) any functions the Board determines.
3.    Certain terms and conditions of employment of officers to be determined by Board
(1) The terms and conditions of employment, including remuneration, allowances and entitlements of officers of the Board, subject to this Schedule and any Act, and to any award, enterprise agreement or industrial agreement relating to persons engaged in the work for which they are appointed, are to be determined by the Board.
(2) An officer of the Board may be dismissed if the officer –
(a) is unfit to discharge, or incapable of discharging, the functions of his or her office efficiently; or
(b) is not discharging the functions of his or her office efficiently, satisfactorily, with due care or in the best interests of the Board; or
(c) is not qualified, either temperamentally or otherwise, for the efficient and satisfactory performance of the functions of his or her office.
4.    Superannuation and long service leave
An officer of the Board –
(a) is entitled to benefits under these regulations or under the Trust Deed; and
(b) is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .
5.    Officers of Board subject to awards under Industrial Relations Act 1984
An officer of the Board is entitled to any salary and allowances determined by an award, industrial agreement or enterprise agreement under the Industrial Relations Act 1984 .
6.    Candidature for election as Member of Parliament
For the purposes of regulation 11 , a person becomes a candidate for election as a member of a House of Parliament when the person is nominated for that election in accordance with the law regulating the election.
7.    Reappointment of former officers
(1) If a person who –
(a) was an officer of the Board; and
(b) ceased to be such an officer on becoming a candidate for election as a member of a House of Parliament as provided by clause 6 ; and
(c) was a candidate at that election; and
(d) failed to be elected; and
(e) applies, within 3 months after the declaration of the result of that election, for his or her former office of the Board –
the Board may reappoint that person to that former office without the fulfilment of any conditions otherwise required for making the appointment.
(2) If a person is reappointed, the person, subject to subclause (3) , holds that office in all respects as if he or she had been absent on leave without pay from that office for the period from the day on which he or she ceased to be an officer to the day before the day on which he or she was reappointed.
(3) For the purpose of the application of the Long Service Leave (State Employees) Act 1994 , if a person reappointed had become entitled, by reason of ceasing to be an officer under regulation 11 , to an allowance under that Act, the person, for the purpose of subclause (2) , must be treated in respect of the period in respect of which the amount of the allowance is calculated, or so much of that period as had expired before the reappointment took effect, as if absent, not on leave without pay, but on long service leave under that Act.
(4) If a person's reappointment takes effect before the expiration of the period mentioned in subclause (3) , the whole period, for the purposes of subclause (2) , is taken to have expired on the day before the reappointment took effect.
(5) If the rights of a person reappointed have been changed on ceasing to be an officer under regulation 11 , in respect of pension, pay in lieu of leave or otherwise, all necessary payments, repayments and entries are to be made to place the person in the same position as if he or she had been absent on leave without pay.


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