(1) If a public
service officer is appointed to the office of Commissioner, that person is
entitled to retain all his or her accruing and existing rights, including any
rights under the Superannuation and Family Benefits Act 1938 2 , as if
service in the office of Commissioner were a continuation of service as a
public service officer.
(2) If a person ceases
to hold the office of Commissioner and becomes a public service officer, the
service in the office of Commissioner is to be regarded as service in the
Public Service for the purpose of determining that person’s rights as a
public service officer and, if applicable, for the purposes of the
Superannuation and Family Benefits Act 1938 2 .
(3) If —
(a) the
Commissioner immediately before his or her appointment to the office of
Commissioner occupied an office under the Public Sector Management Act 1994
Part 3; and
(b) his
or her term of office expires by effluxion of time and he or she is not
reappointed as Commissioner,
that person is
entitled to be appointed to an office under the Public Sector Management Act
1994 of at least the equivalent level of classification as the office that
person occupied immediately prior to appointment as Commissioner.