Victorian Consolidated Legislation

Film Act 2001 - SECT 55

Transfer of staff

55. Transfer of staff



(1) A person listed as an employee of the Corporation in a list prepared under
section 54 who was such an employee immediately before the succession day is
to be regarded as-

   (a)  having been employed by the new body specified in the list with effect
        from the succession day; and

   (b)  having been so employed on the same terms and conditions as those that
        applied to the person, immediately before the succession day, as an
        employee of the Corporation; and

   (c)  having accrued an entitlement to benefits, in connection with that
        employment with the new body, that is equivalent to the entitlement
        that the person had accrued, as an employee of the Corporation
        immediately before the succession day.

(2) The service of a transferred employee as an employee of the new body is to
be regarded for all purposes as having been continuous with the service of the
transferred employee, immediately before the succession day, as an employee of
the Corporation.

(3) If a transferred employee was, immediately before the succession day, an
officer within the meaning of the State Superannuation Act 1988 or a
corresponding previous enactment, he or she continues, subject to that Act, to
be an officer within the meaning of that Act while serving with the new body.

(4) A transferred employee is not entitled to receive any payment or other
benefit by reason only of having ceased to be an employee of the Corporation
because of this Part.

(5) A certificate purporting to be signed by the chief executive officer of
the new body certifying that a person named in the certificate was, with
effect from the succession day, employed, by virtue of this section, by the
new body named in the certificate is admissible in evidence in any proceedings
and is conclusive proof of the matters stated in it.