Victorian Consolidated Legislation

Public Administration Act 2004 - SECT 27

Right of return

27. Right of return



(1) An executive who-

   (a)  immediately before his or her first employment as an executive
        (whether before or after the commencement of this section) was a
        non-executive employee; and

   (b)  since that first employment has been continuously employed as an
        executive-

is entitled, on ceasing to be employed as an executive for any reason on the
initiative of the employer (other than where his or her employment was
terminated for misconduct within the meaning of section 22) or because of the
expiry of his or her contract of employment, to be employed as a non-executive
employee in the public service body in which he or she was last employed as an
executive.

(2) The employment to which a former executive is entitled under this section
is employment in the highest classification of non-executive role-

   (a)  at the mid-point of that classification; or

   (b)  if employment at that mid-point would result in the former executive
        being employed at a higher total remuneration level than that at which
        he or she was last employed as an executive, at the highest point of
        that classification that would not have that result.

Note Section 16(2) sets out how this section applies to an office covered by
section 16(1). The body to which an executive employed in such an office may
have a right of return under this section is that office.



(3) The regulations may specify how the total remuneration level at which a
former executive was last employed as an executive is to be determined for the
purposes of this section.

(4) A former executive may, whether in consideration of the making of any
payment to him or her or otherwise, waive in writing his or her entitlement
under this section to employment in a public service body.

(5) A former executive who elects to exercise his or her entitlement under
this section to employment in a public service body is not entitled to any
payment in lieu of notice on the termination of his or her contract of
employment as an executive, despite anything to the contrary in that contract.

Division 6-Mobility of employees