New South Wales Consolidated Acts

GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 72

72 Re-employment of employees resigning to contest Commonwealth elections

(1) If a person who is employed in any government sector agency--

(a) resigns in writing from the government sector agency and the resignation takes effect not earlier than 3 months before polling day at an election of a member or members of either House of Parliament of the Commonwealth and before the day fixed for nominations for the election, and

(b) includes in the resignation notice of the person's intention to become a candidate at that election, and

(c) becomes a candidate at that election, and

(d) fails to be elected at that election, and

(e) makes written application for re-employment in the government sector agency concerned within 2 months after the declaration of the result of that election,

the person is entitled to be re-employed in the government sector agency not lower in remuneration than the current remuneration for the employment of the person at the date of the person's resignation (or a similar employment).

(2) A person, on being re-employed under this section, is taken--

(a) to have never resigned from the government sector agency concerned, and

(b) to have been on leave without pay during the period between resignation and re-employment.

(3) In this section--

"government sector agency" includes the service of a State owned corporation (or a subsidiary) or any service in which persons excluded from this Act by section 5 are employed.