Existing temporary employees
95 Existing temporary employees
A person who was employed in the NSW Police Force as a temporary employee immediately before the repeal of Part 7 of this Act by the amending Act (an existing temporary employee) is, on that repeal, taken to be employed in temporary employment as a non-executive administrative employee under Part 6A of this Act (as substituted by the amending Act).
The application of the provisions of this Act, the regulations and the government sector employment rules to an existing temporary employee is subject to the provisions of this Schedule.
The repeal of Part 7 of this Act (the repealed Part) does not affect the continuity of service of an existing temporary employee, any accrued rights to leave under the repealed Part or any accrual of rights to leave under this Act (as amended by the amending Act).
A person who is taken to be employed under this clause is taken to be employed in a role or classification of work that corresponds to the kind and grade of the person’s work on the repeal of Part 7.
The Commissioner is to determine a date for the purposes of this clause in respect of each existing temporary employee (the determined date).
If the term of employment of an existing temporary employee is due to expire before the determined date, the person’s temporary employment may be extended before it expires in accordance with the repealed Part as if that Part had not been repealed. However, if the temporary employment is to be extended beyond the determined date, the extension of the existing temporary employee’s employment must satisfy the requirements of the government sector employment rules relating to temporary employment.
On and from the determined date, any extension of the temporary employee’s employment must be made in accordance with the provisions of the government sector employment rules relating to temporary employment.
Despite its repeal, section 91A of this Act continues to apply, until the determined date, in relation to an existing temporary employee who is a long-term temporary employee within the meaning of that section. Any appointment of the employee under that section as so continued by this clause is taken to be employment in ongoing employment under this Act in a relevant role.
On and from the determined date, any conversion of an existing temporary employee’s employment to ongoing employment must be made in accordance with the provisions of the government sector employment rules.
This provision refers to the regulations (the regulations
). Made under this Act:
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