Information Commissioner Act 2024

A person who is an FOI Act staff member immediately before transition day is, on and from transition day, taken to be appointed as a public service officer referred to in section 29.

The person’s appointment as a public service officer —

is to a level of classification that is the same as the substantive level of classification that applied in relation to the person as an FOI Act staff member immediately before transition day; and

is —

if the person was appointed as an FOI Act staff member for an indefinite period — an appointment as a permanent officer (as defined in the Public Sector Management Act 1994 section 3(1)); and

if the person was appointed as an FOI Act staff member for a fixed term — an appointment as a term officer (as defined in the Public Sector Management Act 1994 section 3(1)) for the remainder of that fixed term as at transition day;

does not affect the person’s remuneration.

The person retains all existing and accruing rights, including any rights under the State Superannuation Act 2000, as if the person’s service as an FOI Act staff member were service as a public service officer.

This section does not prevent the person from resigning, or otherwise ceasing to be a public service officer, under the Public Sector Management Act 1994.