Commonwealth Numbered Acts

COMMONWEALTH TEACHING SERVICE AMENDMENT ACT 1981 No. 5 of 1981 - SECT 5

5. (1) Where-

   (a)  a transferred officer-

        (i)    had, before the date of his transfer, been provisionally
               promoted to a vacant position in the Commonwealth Teaching
               Service;

        (ii)   had appealed, before that date, against the provisional
               promotion of another person to fill such a position; or

        (iii)  would, if he had continued to be an officer of the Commonwealth
               Teaching Service, have had, on that date, a right to appeal
               against the provisional promotion of another person to fill
               such a position, being a provisional promotion made before that
               date; and

   (b)  the provisional promotion had not been confirmed or cancelled before
        that date, this section applies in relation to the promotion, and that
        transferred officer is, in this section, referred to, in relation to
        the promotion, as the relevant transferred officer.

(2) Section 29 of the Commonwealth Teaching Service Act 1972 continues to
apply, on and after the date of the transfer of the relevant transferred
officer, to and in relation to a promotion to which this section applies as if
the relevant transferred officer had not ceased to be an officer of the
Commonwealth Teaching Service and his service as an officer of the Teaching
Service of the Northern Territory were service in the Commonwealth Teaching
Service.

(3) Where, in respect of a promotion to which this section applies, the
provisional promotion of the relevant transferred officer to the vacant
position concerned is confirmed or the relevant transferred officer is
promoted to the vacant position concerned in place of another person who had
been provisionally promoted to that position-

   (a)  if that position is included in a class of positions specified in an
        instrument of transfer under section 43T of the Principal Act as
        amended by this Act that was signed on or before the relevant date in
        respect of that promotion-the officer does not become the holder of
        that position but is entitled to be paid salary in respect of his
        service in the Commonwealth Teaching Service during the period
        commencing on the day on which he or that other person was
        provisionally promoted to that position and ending on the day
        immediately before the date of his transfer as if he had been the
        holder of that position during that period; and

   (b)  if the position is not included in a class of positions referred to in
        paragraph (a)-

        (i)    the officer shall be deemed to have become the holder of that
               position on the date on which he, or that other person, was
               provisionally promoted to that position; and

        (ii)   the officer shall be deemed, notwithstanding the transfer, to
               have continued, on and after the date of his transfer, to be an
               officer of the Commonwealth Teaching Service, but any amount
               paid to him as a salary in respect of his service in the
               Teaching Service of the Northern Territory shall be deemed to
               have been paid to him as salary under the Principal Act as
               amended and in force at the time the amount was paid.

(4) In this section-



"relevant date", in respect of a promotion of an officer, being a promotion to
which this section applies, means the date on which the promotion of the
relevant transferred officer to the position is confirmed or the relevant
transferred officer is promoted to the position in place of another person who
had been provisionally promoted to the position;



"transferred officer" has the same meaning as in Division 10 of Part III of
the Principal Act as amended by this Act.
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