New South Wales Consolidated Acts

LOCAL GOVERNMENT AND OTHER AUTHORITIES (SUPERANNUATION) ACT 1927 - SECT 17H

17H Servants not continuously employed may be declared permanent servants

(1) If the board is satisfied that a servant of a council is not or is not likely to be employed by such council continuously each year, and if such servant would be a permanent servant within the meaning of this Act if he were employed continuously each year by such council, the board may upon the application of such council or servant, declare such servant to be a permanent servant for the purposes of this Act and such servant shall for such purposes remain a permanent servant for the purposes of this Act until he leaves the employment of the council permanently or the board declares him to be no longer a permanent servant for the purposes of this Act because he is not being employed for a sufficient time or the circumstances of his employment are not such as to justify him in the opinion of the board being so regarded.

(2) Where the employment of a servant of a council who has been declared to be a "permanent servant" in pursuance of this section is terminated and such servant is again employed by a council the board may again declare such servant to be a permanent servant for the purposes of this Act and the provisions of subsection (1) shall apply to him.

(3) The provisions of this Act shall continue to apply to any servant of a council in respect of whom a policy of insurance has been effected under Part 2 or contributions have become payable to the Provident Fund under Part 3 notwithstanding that his employment with a council has been changed to some other class of occupation to that in which he was employed when the said policy of insurance was effected or the Provident Fund contributions became payable in respect of him and such provisions shall continue to apply to him in the same manner as if no such change or changes of occupation had taken place.