Northern Territory Consolidated Acts Northern Territory Consolidated ActsSchedule 3 Savings and transitional provisions – Centralian College
section 52(1)
1 Staff of Centralian College
(1) A person who immediately before the commencement of this Act was an employee of the Department performing duties for Centralian College is on that commencement a member of the staff of the University.
(2) A person to whom subclause (1) applies:
(a) is entitled to be paid salary or wages, allowances and other benefits at rates equal to, and on the same terms and conditions as, those that were payable to him or her immediately before the commencement of this Act until his or her salary, wages, allowances or other benefits is or are varied or altered by an award of a competent tribunal or an industrial agreement or by any other lawful means or, subject to an award or an industrial agreement or other lawful means, by a decision of the Council;
(b) continues to be employed on the same conditions as the conditions of his or her employment under the Public Sector Employment and Management Act immediately before the commencement of this Act (including any period of probation or any approval given under section 61 of that Act to engage in paid employment outside his or her employment) until varied or altered by an award of a competent tribunal or an industrial agreement or by any other lawful means or, subject to an award or an industrial agreement or other lawful means, by a decision of the Council; and
(c) retains all his or her existing and accruing rights arising from his or her employment under the Public Sector Employment and Management Act as if he or she continued to be employed under that Act, and for that purpose the person's service under that Act is to be taken to be service with the University.
(3) If the contract of employment of a person to whom subclause (1) applies is expressed to expire on a specified or ascertainable date that occurs after the commencement of this Act, the person is taken to be a member of the staff of the University under a contract of employment that expires on the same date.
(4) All:
(a) rights and proceedings under Part 7, 8 or 9 of the Public Sector Employment and Management Act of or in respect of a person who under subclause (1) is a member of the staff of the University that exist and are pending or have commenced immediately before the commencement of this Act;
(b) obligations, duties, liabilities or remedies under the Public Sector Employment or Management Act in respect of those rights and proceedings; and
(c) orders, directions or decisions made in respect of those rights or proceedings under the Public Sector Employment and Management Act ,
continue unaffected and may be dealt with under the Public Sector Employment and Management Act but this Act and the By-laws apply in relation to those orders, directions or decisions with the necessary changes.
(5) Any suspension, instruction, direction or other action that:
(a) was taken or given under the Public Sector Employment and Management Act in relation to a person who under subclause (1) is a member of the staff of the University; and
(b) is in force immediately before the commencement of this Act,
continues to have effect as if made under this Act and this Act and the By-laws apply in relation to the suspension, instruction, direction or other action with the necessary changes.
(6) A person to whom subclause (1) applies is not entitled to claim benefits under both this Act and the Public Sector Employment and Management Act in respect of the same period of service.
(7) A person to whom subclause (1) applies may apply in writing to the Chief Executive Officer to be re-appointed an employee at any time before 1 January 2005.
(8) A person who applies under subclause (7):
(a) is to be provided with assistance by the Department (in accordance with redeployment procedures applying to persons to whom this subclause applies) to find suitable employment in the Public Sector;
(b) is to actively seek to find suitable employment in the Public Sector; and
(c) is not to refuse to accept employment in the Public Sector that the Chief Executive Officer considers the person is capable of performing and is competent and qualified to perform.
(9) Subclause (8) ceases to apply on 30 June 2005.
(10) If a person who applies under subclause (7) is re-appointed an employee on or before 30 June 2005:
(a) the person's employment as a member of the staff of the University is, for the purposes of the Public Sector Employment and Management Act , to be taken to be employment under that Act; and
(b) for the purposes of the Public Sector Employment and Management Act – subclause (1) is taken not to have applied to the person.
(11) In this clause:
"Chief Executive Officer" means the Chief Executive Officer within the meaning of the Public Sector Employment and Management Act of the Department.
"Department" means the Department of Employment, Education and Training.
"employee" means an employee within the meaning of the Public Sector Employment and Management Act .
"Public Sector" means the Public Sector within the meaning of the Public Sector Employment and Management Act .
2 Property etc. of Centralian College
On the commencement of this Act, all property, rights and liabilities of Centralian College become the property, rights and liabilities of the University.