Public Sector Management Act 1994

A former officer who is taken to have retired under section 127 (Forfeiture of office) may apply to the head of service, in writing, for reappointment to the service.

If the head of service is satisfied that the former officer had, in all the circumstances, reasonable grounds for being absent, the head of service must reappoint the former officer to—

the office occupied by the former officer immediately before the former officer is taken to have retired; or

if that office is not available—an equivalent office, or an office as similar as possible, to that office; or

with the written consent of the former officer—another office.

If the head of service is not satisfied that the former officer had, in all the circumstances, reasonable grounds for being absent, the head of service must refuse the former officer.

If the head of service refuses a former officer, the head of service must give the former officer written notice of the refusal and the reasons for the refusal.

A former officer who is reappointed under this section is taken to have—

continuity of service as prescribed; and

recognition of prior service as prescribed.