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CRIME AND CORRUPTION ACT 2001 - SECT 408
Assistant commissioners continue as senior executive officers
408 Assistant commissioners continue as senior executive officers
(1) This section applies to a person who, immediately before the commencement
day, holds an appointment as an assistant commissioner.
(2) At the start of
the commencement day, the appointment and employment of the person as an
assistant commissioner ends.
(3) From the start of the commencement day, the
person is appointed as— (a) for the assistant commissioner (crime)—the
senior executive officer (crime); or
(b) for the assistant commissioner
(misconduct)—the senior executive officer (corruption).
(4) The person is
taken to be employed as the senior executive officer (crime) or senior
executive officer (corruption) under the contract under which the person was
employed as an assistant commissioner before the commencement day.
(5)
Without limiting subsection (4), the person’s appointment and employment as
the senior executive officer (crime) or senior executive officer (corruption)
continues on the same terms, conditions and entitlements as those applying to
the person’s appointment and employment as an assistant commissioner.
(6)
Also, the following applies for the person— (a) the person retains and is
entitled to all rights, benefits and entitlements that have accrued to the
person because of the person’s previous employment as an assistant
commissioner, including because of the operation of section 249(2) as in force
before the commencement day;
(b) the person’s accruing rights, including to
superannuation or recreation, sick, long service or other leave, are not
affected;
(c) continuity of service is not interrupted, except that the
person is not entitled to claim the benefit of a right or entitlement more
than once in relation to the same period of service;
(d) the employment does
not constitute a termination of employment or a retrenchment or redundancy;
(e) the person is not entitled to a payment or other benefit because he or she
is no longer an assistant commissioner;
(f) section 249(3) as in force before
the commencement day does not apply to the person in relation to the person
ceasing to be an assistant commissioner.
Note— See also section 247(3C) in
relation to counting time spent by a person as assistant commissioner as time
spent by the person as a senior officer.
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