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AUSTRALIAN CAPITAL TERRITORY GOVERNMENT SERVICE (CONSEQUENTIAL PROVISIONS) ACT 1994 No. 92 of 1994 - SECT 24
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24.(1) If, immediately before the transfer day:
(a) a provision of Part IV of the Public Service Act applied to a person;
and
(b) the person holds an office or appointment, other than an office of
Minister within the meaning of the Australian Capital Territory
(Self-Government) Act 1988 , the holder of which is appointed by the
Executive, or by a Minister, within the meaning of that Act; the
provision of Part IV of the Public Service Act continues to apply to
the person, in spite of the operation of section 15 of this Act, while
the person continues to hold the office or appointment referred to in
paragraph (b).
(2) If:
(a) but for this subsection, as a result of amendments of the Public
Service Act made by section 22 and Schedule 2, a person would cease to
be a person to whom a provision of Part IV of the Public Service Act
applied; and
(b) the person is not a person to whom section 9 of this Act applies; the
provision of Part IV of the Public Service Act continues to apply to
the person as if section 22 and Schedule 2 had not been enacted.
(3) If:
(a) immediately before the transfer day, a provision of Part IV of the
Public Service Act applied to a person because the person was engaged
in employment referred to in paragraph 87(2)(ka) or (kb) of that Act
as modified by regulations made under section 31 of the A.C.T.
Self-Government (Consequential Provisions) Act 1988; and
(b) the Department in which the person last held an office was a
Department other than the ACT Branch; the provision of Part IV of the
Public Service Act continues to apply to the person, in spite of the
operation of section 15 of this Act, while the person continues to be
engaged in employment referred to in paragraph (a).
(4) If:
(a) immediately before the transfer day:
(i) a person was employed by Calvary Hospital A.C.T. Incorporated
("Calvary Hospital"); and
(ii) a provision of Part IV of the Public Service Act applied to the
person; and
(iii) the provision applied to the person because Calvary Hospital
was a public authority within the meaning of Part IV of the
Public Service Act; and
(b) the last office held by the person before he or she became an employee
of Calvary Hospital was not an office the duties of which related,
wholly or substantially, to matters that, as at the transfer day, were
dealt with by the ACT Branch; the provision referred to in
subparagraph (a)(ii) continues to apply to the person, while he or she
remains an employee of Calvary Hospital, as if Calvary Hospital were
still a public authority within the meaning of Part IV of the Public
Service Act.
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