Victorian Current Acts

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HEALTH SERVICES ACT 1988 - SECT 264

Transfer of staff

    (1)     A person listed as an employee of a transferring agency in a list prepared under section 263 who was such an employee immediately before the relevant staff transfer date is to be regarded as—

        (a)     having been employed by the receiving agency specified in the list with effect from the staff transfer date; and

        (b)     having been so employed on the same terms and conditions as those that applied to the person, immediately before the staff transfer date, as an employee of the transferring agency; and

        (c)     having accrued an entitlement to benefits, in connection with that employment with the receiving agency, that is equivalent to the entitlement that the person had accrued, as an employee of the transferring agency immediately before the staff transfer date.

    (2)     The service of a transferred hospital employee as an employee of the receiving agency is to be regarded for all purposes as having been continuous with the service of the transferred hospital employee, immediately before the relevant staff transfer date, as an employee of the transferring agency.

    (3)     A transferred hospital employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a transferring agency because of this Part.

    (4)     A certificate purporting to be signed by the chief executive officer of the receiving agency certifying that a person named in the certificate was, with effect from the relevant staff transfer date, employed, by virtue of this section by the receiving agency named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

S. 265 inserted by No. 52/2004 s. 51.



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