Health Services Act 1997

A person holding office as a chief executive officer of an incorporated health service immediately before its dissolution is taken to have been appointed under this Act as the chief executive officer of its successor. Such an appointment is for the remainder of the period of appointment to the position that is abolished by reason of the dissolution of the incorporated hospital.

Appointment by virtue of this clause does not change the terms of the contract of employment between the person as an executive officer and the executive officer’s employer.

However—

the contract is taken to be with the successor of the incorporated hospital, and

the chief executive officer’s appointment is taken, for the purposes of section 51—

if the officer’s current appointment is to a position referred to in Schedule 3B to the Public Sector Management Act 1988—to be an appointment to which Part 2A of that Act applies, or

in any other case—to be an appointment to which Part 2A of that Act does not apply.