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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