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s 37

Staff

In force
Schedule 1Repeals and transitional provisions
Part 18Saving and transitional provisions
Division 3Staff

37 Staff

(1)

A qualifying member of the staff of a prescribed body (other than the

Occupational Therapy Board of South Australia) who, on the commencement of this subclause, has not gained employment with the

National Agency (either by commencing employment with the National

Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement) will be incorporated into the Department as a redeployee by force of this clause.

(2)

A qualifying member of the staff of a prescribed body (other than the

Occupational Therapy Board of South Australia)—

(a)

who, on the commencement of this subclause, has gained employment with the National Agency (either by commencing employment with the

National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement); and

(b)

who, within the period of 2 years after the commencement of this subclause, is determined by the National Agency to be excess to the requirements of the National Agency, may, by notice furnished to the Chief Executive within the designated period in a manner and form determined by the Chief Executive, elect to be incorporated into the Department as a redeployee (and will then be so incorporated by force of this clause).

(2a)

A qualifying member of the staff of the Occupational Therapy Board of

South Australia who, on the commencement of this subclause, has not gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement) will be incorporated into the Department as a redeployee by force of this clause.

(2b)

A qualifying member of the staff of the Occupational Therapy Board of

South Australia—

(a)

who, on the commencement of this subclause, has gained employment with the National Agency (either by commencing employment with the

National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement); and

(b)

who, within the period of 2 years after the commencement of this subclause, is determined by the National Agency to be excess to the requirements of the National Agency, may, by notice furnished to the Chief Executive within the designated period in a manner and form determined by the Chief Executive, elect to be incorporated into the Department as a redeployee (and will then be so incorporated by force of this clause).

(3)

If a person is incorporated into the Department under a preceding subclause—

(a)

the person will be incorporated into the Department on a date to be determined by the Chief Executive; and

(b)

the person's existing and accruing rights immediately before cessation of the person's employment with a prescribed body or the National

Agency in respect of recreation leave, sick leave and long service leave continue in full force and effect as if his or her previous employment with a prescribed body or the National Agency were employment with the Department (and the person is not entitled to payment in lieu of those rights) and the person will be taken to have continuity of employment without a termination of the person's service.

(4)

In this clause—

designated period means a period prescribed by the regulations for the purposes of this definition;

qualifying member of the staff of a prescribed body means a person who, on a date prescribed by the regulations for the purposes of this definition in relation to the particular prescribed body (which may be a date that precedes the commencement of this clause)—

(a)

is employed on a permanent basis by a prescribed body—

(i)

on a salary not exceeding $120 000; or

(ii)

on a salary package valued at an amount not exceeding $120 000 (and for the purposes of this subparagraph a salary package is to be valued in accordance with any principles prescribed by the regulations); or

(b)

is employed or engaged by a prescribed body and is brought within the ambit of this paragraph by proclamation.

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