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This is a Bill, not an Act. For current law, see the Acts databases.


PUBLIC AND HEALTH SECTOR LEGISLATION AMENDMENT (RIGHT OF RETURN) BILL 2018

                   Western Australia


  Public and Health Sector Legislation
 Amendment (Right of Return) Bill 2018

                       Contents

     Part 1 -- Preliminary
1.   Short title                                                  2
2.   Commencement                                                 2
     Part 2 -- Public Sector Management
          Act 1994 amended
3.   Act amended                                                  3
4.   Section 57 amended                                           3
5.   Section 58 amended                                           3
6.   Section 59 amended                                           7
7.   Part 9 Division 4 inserted                                   7
     Division 4 -- Public and Health Sector Legislation
            Amendment (Right of Return) Act 2018
            Part 2 amendments: transitional provisions
     115.      Transitional provisions (Sch. 9)             7
8.   Schedule 9 inserted                                          8
     Schedule 9 -- Public and Health Sector Legislation
          Amendment (Right of Return) Act 2018 Part 2
          amendments: transitional provisions
     1.       Terms used                                    8
     2.       Right of return for executive officers on
              initial contracts not exceeding 2 years       9
     3.       Right of return for executive officers on
              initial contracts exceeding 2 years           9
     4.       Right of return for executive officers on
              other contracts                               11
     5.       Executive officers may elect to take
              compensation                                  12
     6.       No other right of return under s. 58 or
              contract for executive officers on existing
              contracts                                     12


                           86--1                                  page i
Public and Health Sector Legislation Amendment (Right of Return)
Bill 2018



Contents


              7.       Entitlements arising under s. 59 before
                       commencement day                             13

              Part 3 -- Health Services Act 2016
                   amended
      9.      Act amended                                                14
      10.     Section 129 amended                                        14
      11.     Section 132 amended                                        14
      12.     Section 133 amended                                        18
      13.     Part 19 Division 8 inserted                                18
              Division 8 -- Public and Health Sector Legislation
                     Amendment (Right of Return) Act 2018 Part 3
              258A.     Terms used                                  18
              258B.     Right of return for executives on initial
                        contracts not exceeding 2 years             19
              258C.     Right of return for executives on initial
                        contracts exceeding 2 years                 20
              258D.     Right of return for executives on other
                        contracts                                   22
              258E.     Executives may elect to take
                        compensation                                23
              258F.     No other right of return under s. 132 or
                        contract for executives on existing
                        contracts                                   23
              258G.     Entitlements arising under s. 133 before
                        commencement day                            24




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


       Public and Health Sector Legislation
      Amendment (Right of Return) Bill 2018

                               A Bill for


An Act to amend the Public Sector Management Act 1994 and the
Health Services Act 2016 --
•  to restrict the right of return to members of the Senior Executive
   Service and the Health Executive Service who are on initial
   contracts; and
•  to reduce the maximum compensation payable to a person who
   ceases to be a member of the Senior Executive Service or the
   Health Executive Service; and
•  for related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 1          Preliminary

     s. 1


1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Public and Health Sector Legislation Amendment
4             (Right of Return) Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
                Public and Health Sector Legislation Amendment (Right of Return)
                                                                       Bill 2018
                       Public Sector Management Act 1994 amended          Part 2

                                                                                  s. 3


1    Part 2 -- Public Sector Management Act 1994 amended
2    3.          Act amended
3                This Part amends the Public Sector Management Act 1994.

4    4.          Section 57 amended
5                Delete section 57(1)(c) and insert:
6

7                        (c)   in the case of an executive officer to whom
8                              section 58 applies, any election by the
9                              executive officer to retain a right of return as
10                             defined in section 58(7).
11


12   5.          Section 58 amended
13        (1)    Before section 58(1) insert:
14

15              (1A)   This section applies to an executive officer who --
16                      (a) is appointed under section 45 or 53 on or after
17                            the day on which the Public and Health Sector
18                            Legislation Amendment (Right of Return)
19                            Act 2018 section 5 comes into operation; and
20                      (b) has not, at any time before that appointment,
21                            been a member of the Senior Executive
22                            Service.
23

24        (2)    In section 58(1):
25                 (a) after "executive officer" (1st occurrence) insert:
26

27                      to whom this section applies
28




                                                                              page 3
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 2          Public Sector Management Act 1994 amended

     s. 5


1                (b)    delete "his or her first appointment as an executive
2                       officer," and insert:
3

4                       the appointment referred to in subsection (1A)(a),
5

6       (3)    Delete section 58(2) and insert:
7

8              (2)     An election referred to in subsection (1) --
9                       (a) can only be made in the executive officer's first
10                            contract of employment, being the contract
11                            entered into upon the appointment referred to in
12                            subsection (1A)(a); and
13                      (b) may, by notice in writing delivered to the
14                            executive officer's employing authority, be
15                            revoked by the executive officer at any time
16                            before, as referred to in subsection (3A),
17                            subsection (3) ceases to apply to the executive
18                            officer; and
19                      (c) if revoked as referred to in paragraph (b),
20                            cannot be made again during the term of the
21                            first contract of employment; and
22                      (d) cannot be made in any subsequent contract of
23                            employment for the same or another office in
24                            the Senior Executive Service.
25            (2A)     Subsection (2)(d) applies whether the executive
26                     officer's first contract of employment expired by
27                     effluxion of time or was terminated under this Act
28                     before it so expired.
29




     page 4
           Public and Health Sector Legislation Amendment (Right of Return)
                                                                  Bill 2018
                  Public Sector Management Act 1994 amended          Part 2

                                                                            s. 5


1    (4)    In section 58(3) delete "An executive officer who has elected to
2           retain a right of return is entitled to employment in a department
3           or organisation" and insert:
4

5           Subject to subsection (3A), an executive officer who has elected
6           under subsection (1) to retain a right of return is entitled to
7           employment in the executive officer's SES place of
8           employment
9

10   (5)    After section 58(3) insert:
11

12         (3A)   Subsection (3) ceases to apply to an executive
13                officer --
14                  (a) in the case of an executive officer appointed for
15                        a term exceeding 2 years, on the earlier of the
16                        following days --
17                           (i) the day that is 2 years after the day on
18                                which the executive officer is first
19                                appointed;
20                          (ii) the day after the day on which the
21                                executive officer's first contract of
22                                employment is terminated;
23                        or
24                  (b) in the case of an executive officer appointed for
25                        a term not exceeding 2 years, on the earlier of
26                        the following days --
27                           (i) the day after the day on which the
28                                executive officer's first contract of
29                                employment expires by effluxion of
30                                time;
31                          (ii) the day after the day on which the
32                                executive officer's first contract of
33                                employment is terminated.


                                                                       page 5
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 2          Public Sector Management Act 1994 amended

     s. 5


1             (3B)   When subsection (3) ceases to apply to an executive
2                    officer --
3                      (a) the election contained in the executive officer's
4                            first contract of employment ceases to have any
5                            effect; and
6                      (b) the executive officer cannot, during the
7                            remainder (if any) of the term of the first
8                            contract of employment, make another election;
9                            and
10                     (c) as referred to in subsection (2)(d), the executive
11                           officer cannot, in any subsequent contract of
12                           employment for the same or another office in
13                           the Senior Executive Service, elect to retain a
14                           right of return.
15

16      (6)    In section 58(7) insert in alphabetical order:
17

18                   SES place of employment, in relation to an executive
19                   officer who has an entitlement under subsection (3) to
20                   employment, means --
21                     (a) in the case of an executive officer other than a
22                           chief executive officer -- the department or
23                           organisation in which the executive officer was
24                           employed immediately before the
25                           circumstances referred to in subsection (3)(a)
26                           and (b) arose; or
27                     (b) in the case of a chief executive officer -- the
28                           department principally assisting in the
29                           administration of this Act;
30




     page 6
                Public and Health Sector Legislation Amendment (Right of Return)
                                                                       Bill 2018
                       Public Sector Management Act 1994 amended          Part 2

                                                                                       s. 6


1         (7)   In section 58(7) in the definition of right of return delete "a
2               department or organisation" and insert:
3

4               the executive officer's SES place of employment
5

6               Note: The heading to amended section 58 is to read:
7                     Right of return for executive officers under first appointment

8    6.         Section 59 amended
9         (1)   In section 59(1)(b) delete "within the meaning of section 58."
10              and insert:
11

12              as defined in section 58(7).
13

14        (2)   In section 59(2) and (3) delete "remuneration" and insert:
15

16              salary
17


18   7.         Part 9 Division 4 inserted
19              At the end of Part 9 insert:
20


21               Division 4 -- Public and Health Sector Legislation
22                     Amendment (Right of Return) Act 2018
23                  Part 2 amendments: transitional provisions
24          115.         Transitional provisions (Sch. 9)
25                       Schedule 9 sets out transitional provisions.
26




                                                                                  page 7
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 2          Public Sector Management Act 1994 amended

     s. 8


1    8.          Schedule 9 inserted
2                After Schedule 8 insert:
3
4       Schedule 9 -- Public and Health Sector Legislation
5    Amendment (Right of Return) Act 2018 Part 2 amendments:
6                    transitional provisions
7                                                                              [s. 115]

8           1.        Terms used
9                     In this Schedule --
10                    commencement day means the day on which the Public and
11                    Health Sector Legislation Amendment (Right of Return)
12                    Act 2018 section 8 comes into operation;
13                    contract of employment means a contract of employment
14                    referred to in section 56;
15                    existing contract, in relation to an executive officer, means
16                    the contract of employment under which the executive
17                    officer is employed immediately before commencement
18                    day;
19                    new section 58 means section 58 as amended by the Public
20                    and Health Sector Legislation Amendment (Right of Return)
21                    Act 2018 section 5;
22                    new section 59 means section 59 as amended by the Public
23                    and Health Sector Legislation Amendment (Right of Return)
24                    Act 2018 section 6;
25                    old section 58 means section 58 as in force immediately
26                    before the day on which the Public and Health Sector
27                    Legislation Amendment (Right of Return) Act 2018 section 5
28                    comes into operation;
29                    old section 59 means section 59 as in force immediately
30                    before the day on which the Public and Health Sector
31                    Legislation Amendment (Right of Return) Act 2018 section 6
32                    comes into operation.




     page 8
          Public and Health Sector Legislation Amendment (Right of Return)
                                                                 Bill 2018
                 Public Sector Management Act 1994 amended          Part 2

                                                                                 s. 8


1    2.          Right of return for executive officers on initial contracts
2                not exceeding 2 years
3          (1)   This clause applies to an executive officer if --
4                  (a)   the executive officer's existing contract --
5                           (i)   is the executive officer's first contract of
6                                 employment, being the contract entered into
7                                 upon the executive officer's first
8                                 appointment to the Senior Executive
9                                 Service; and
10                         (ii)   is for a term not exceeding 2 years;
11                       and
12                 (b)   the existing contract contains an election made by
13                       the executive officer under old section 58(1) to
14                       retain a right of return; and
15                 (c)   immediately before commencement day, the
16                       election has not been revoked by the executive
17                       officer as referred to in old section 58(2)(c).
18         (2)   An executive officer to whom this clause applies is entitled
19               to employment in accordance with new section 58(3) to (7)
20               as if a reference to an executive officer in those provisions
21               were a reference to an executive officer to whom this clause
22               applies.
23         (3)   For the purposes of new section 59(1)(b), an executive
24               officer who has an entitlement to employment under
25               subclause (2) is taken to be a person who has a right of
26               return as defined in new section 58(7).

27   3.          Right of return for executive officers on initial contracts
28               exceeding 2 years
29         (1)   This clause applies to an executive officer if --
30                 (a)   the executive officer's existing contract --
31                          (i)   is the executive officer's first contract of
32                                employment, being the contract entered into
33                                upon the executive officer's first
34                                appointment to the Senior Executive
35                                Service; and

                                                                            page 9
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 2          Public Sector Management Act 1994 amended

     s. 8


1                              (ii)     is for a term exceeding 2 years;
2                            and
3                      (b)   the executive officer's existing contract contains an
4                            election made by the executive officer under old
5                            section 58(1) to retain a right of return; and
6                      (c)   immediately before commencement day, the
7                            election has not been revoked by the executive
8                            officer as referred to in old section 58(2)(c).
9              (2)   In the case of an executive officer who was appointed less
10                   than 2 years before commencement day, this clause ceases
11                   to apply to the executive officer --
12                      (a) on the later of the following days --
13                                (i)   the day that is 2 years after the day on
14                                      which the executive officer was appointed;
15                             (ii)     the day that is 6 months after
16                                      commencement day;
17                           or
18                     (b)   if the executive officer's existing contract expires
19                           by effluxion of time before the later of the days
20                           referred to in paragraph (a), on the day after the
21                           expiry; or
22                     (c)   if the executive officer's existing contract is
23                           terminated before the later of the days referred to in
24                           paragraph (a), on the day after the termination.
25             (3)   In the case of an executive officer who was appointed
26                   2 years or more before commencement day, this clause
27                   ceases to apply to the executive officer on the earlier of the
28                   following days --
29                     (a)   the day that is 6 months after commencement day;
30                     (b)   the day after the day on which the executive
31                           officer's existing contract expires by effluxion of
32                           time;
33                     (c)   the day after the day on which the executive
34                           officer's existing contract is terminated.



     page 10
          Public and Health Sector Legislation Amendment (Right of Return)
                                                                 Bill 2018
                 Public Sector Management Act 1994 amended          Part 2

                                                                                 s. 8


1          (4)   An executive officer to whom this clause applies is entitled
2                to employment in accordance with new section 58(3) and
3                (4) to (7) as if --
4                   (a) a reference to an executive officer in those
5                         provisions were a reference to an executive officer
6                         to whom this clause applies; and
7                  (b)   the words "Subject to subsection (3A)," at the
8                        beginning of new section 58(3) were omitted.
9          (5)   For the purposes of new section 59(1)(b), an executive
10               officer who has an entitlement to employment under
11               subclause (4) is taken to be a person who has a right of
12               return as defined in new section 58(7).

13   4.          Right of return for executive officers on other contracts
14         (1)   This clause applies to an executive officer if --
15                 (a) the executive officer's existing contract is not a
16                       contract of the kind referred to in clause 2(1)(a) or
17                       3(1)(a); and
18                 (b) the existing contract contains an election made by
19                       the executive officer under old section 58(1) to
20                       retain a right of return; and
21                 (c)   immediately before commencement day, the
22                       election has not been revoked by the executive
23                       officer as referred to in old section 58(2)(c).
24         (2)   This clause ceases to apply to an executive officer on the
25               earlier of the following days --
26                 (a)   the day that is 6 months after commencement day;
27                 (b)   the day after the day on which the executive
28                       officer's existing contract expires by effluxion of
29                       time;
30                 (c)   the day after the day on which the executive
31                       officer's existing contract is terminated.




                                                                            page 11
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 2          Public Sector Management Act 1994 amended

     s. 8


1                (3)   An executive officer to whom this clause applies is entitled
2                      to employment in accordance with new section 58(3) and
3                      (4) to (7) as if --
4                         (a) a reference to an executive officer in those
5                               provisions were a reference to an executive officer
6                               to whom this clause applies; and
7                        (b)   the words "Subject to subsection (3A)," at the
8                              beginning of new section 58(3) were omitted.
9                (4)   For the purposes of new section 59(1)(b), an executive
10                     officer who has an entitlement to employment under
11                     subclause (3) is taken to be a person who has a right of
12                     return as defined in new section 58(7).

13          5.         Executive officers may elect to take compensation
14               (1)   An executive officer who has an entitlement to employment
15                     by reason of clause 2(2), 3(4) or 4(3) may elect in writing
16                     given to the Commissioner to take compensation under new
17                     section 59 instead of exercising the entitlement to
18                     employment.
19               (2)   On an election under subclause (1) taking effect, the
20                     executive officer concerned --
21                       (a)   ceases to have the entitlement to employment; and
22                       (b)   becomes entitled to compensation under new
23                             section 59.

24          6.         No other right of return under s. 58 or contract for
25                     executive officers on existing contracts
26               (1)   No executive officer employed under an existing contract
27                     has a right of return under old section 58.
28               (2)   Except as provided by clauses 2, 3 and 4, no executive
29                     officer employed under an existing contract has a right of
30                     return under new section 58.




     page 12
          Public and Health Sector Legislation Amendment (Right of Return)
                                                                 Bill 2018
                 Public Sector Management Act 1994 amended          Part 2

                                                                                 s. 8


1          (3)   When, as referred to in clause 3(2), (3) or 4(2) (as the case
2                requires), clause 3 or 4 ceases to apply to an executive
3                officer --
4                  (a) the election contained in the executive officer's
5                        existing contract ceases to have any effect; and
6                  (b) the executive officer cannot, during the remainder
7                        (if any) of the term of the existing contract, make
8                        another election; and
9                  (c) the executive officer cannot, in any subsequent
10                       contract of employment for the same or another
11                       office in the Senior Executive Service, elect to
12                       retain a right of return.

13   7.          Entitlements arising under s. 59 before commencement
14               day
15         (1)   This clause applies if, immediately before commencement
16               day --
17                 (a) an executive officer is entitled to compensation
18                       under old section 59, whether by reason of old
19                       section 59(1) or section 60(2)(b); but
20                 (b) the Commissioner has not determined under old
21                       section 59 the compensation (if any) to which the
22                       executive officer is entitled.
23         (2)   The Commissioner is to determine the compensation (if any)
24               to which the executive officer is entitled under new
25               section 59.
26




                                                                          page 13
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 3          Health Services Act 2016 amended

     s. 9


1                Part 3 -- Health Services Act 2016 amended
2    9.          Act amended
3                This Part amends the Health Services Act 2016.

4    10.         Section 129 amended
5                Delete section 129(1)(c) and insert:
6

7                        (c)   in the case of an executive to whom section 132
8                              applies, any election by the executive to retain a
9                              right of return as defined in section 132(1).
10


11   11.         Section 132 amended
12         (1)   In section 132(1) insert in alphabetical order:
13

14                     HES place of employment, in relation to an executive
15                     who has an entitlement under subsection (4) to
16                     employment, means --
17                      (a) in the case of an executive other than a chief
18                           executive -- the health service provider in
19                           which the executive was employed immediately
20                           before the circumstances referred to in
21                           subsection (4)(a) and (b) arose; or
22                      (b) in the case of a chief executive -- the
23                           Department;
24

25         (2)   In section 132(1) in the definition of right of return delete "a
26               department or organisation" and insert:
27

28               the executive's HES place of employment
29




     page 14
           Public and Health Sector Legislation Amendment (Right of Return)
                                                                  Bill 2018
                            Health Services Act 2016 amended         Part 3

                                                                          s. 11


1    (3)    After section 132(1) insert:
2

3          (1A)     This section applies to an executive who --
4                    (a) is appointed under section 108 or 121 on or
5                          after the day on which the Public and Health
6                          Sector Legislation Amendment (Right of
7                          Return) Act 2018 section 11 comes into
8                          operation; and
9                    (b) has not, at any time before that appointment,
10                         been appointed under section 108 or 121.
11

12   (4)    In section 132(2):
13            (a) after "executive" (1st occurrence) insert:
14

15                   to whom this section applies
16

17            (b)    delete "executive's first appointment as an executive,"
18                   and insert:
19

20                   appointment referred to in subsection (1A)(a),
21

22            (c)    in paragraph (a) delete "organisation (the originating
23                   place of employment); or" and insert:
24

25                   organisation; or
26

27            (d)    in paragraph (b) delete "organisation (the originating
28                   place of employment)." and insert:
29

30                   organisation.
31




                                                                      page 15
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 3          Health Services Act 2016 amended

     s. 11


1       (5)    Delete section 132(3) and insert:
2

3              (3)   An election referred to in subsection (2) --
4                     (a) can only be made in the executive's first
5                           contract of employment, being the contract
6                           entered into upon the appointment referred to in
7                           subsection (1A)(a); and
8                     (b) may, by notice in writing delivered to the
9                           executive's employing authority, be revoked by
10                          the executive at any time before, as referred to
11                          in subsection (4A), subsection (4) ceases to
12                          apply to the executive; and
13                    (c) if revoked as referred to in paragraph (b),
14                          cannot be made again during the term of the
15                          first contract of employment; and
16                    (d) cannot be made in any subsequent contract of
17                          employment for the same or another office in
18                          the Health Executive Service.
19            (3A)   Subsection (3)(d) applies whether the executive's first
20                   contract of employment expired by effluxion of time or
21                   was terminated under this Act before it so expired.
22

23      (6)    In section 132(4) delete "An executive who has elected to retain
24             a right of return is entitled to employment in the executive's
25             originating" and insert:
26

27             Subject to subsection (4A), an executive who has elected under
28             subsection (2) to retain a right of return is entitled to
29             employment in the executive's HES
30




     page 16
           Public and Health Sector Legislation Amendment (Right of Return)
                                                                  Bill 2018
                            Health Services Act 2016 amended         Part 3

                                                                       s. 11


1    (7)    After section 132(4) insert:
2
3          (4A)   Subsection (4) ceases to apply to an executive --
4                  (a) in the case of an executive appointed for a term
5                        exceeding 2 years, on the earlier of the
6                        following days --
7                           (i) the day that is 2 years after the day on
8                                which the executive is first appointed;
9                         (ii) the day after the day on which the
10                               executive's first contract of employment
11                               is terminated;
12                       or
13                 (b) in the case of an executive appointed for a term
14                       not exceeding 2 years, on the earlier of the
15                       following days --
16                          (i) the day after the day on which the
17                               executive's first contract of employment
18                               expires by effluxion of time;
19                        (ii) the day after the day on which the
20                               executive's first contract of employment
21                               is terminated.
22         (4B)   When subsection (4) ceases to apply to an executive --
23                 (a) the election contained in the executive's first
24                      contract of employment ceases to have any
25                      effect; and
26                 (b) the executive cannot, during the remainder (if
27                      any) of the term of the first contract of
28                      employment, make another election; and
29                 (c) as referred to in subsection (3)(d), the executive
30                      cannot, in any subsequent contract of
31                      employment for the same or another office in
32                      the Health Executive Service, elect to retain a
33                      right of return.
34


                                                                    page 17
     Public and Health Sector Legislation Amendment (Right of Return)
     Bill 2018
     Part 3          Health Services Act 2016 amended

     s. 12


1                Note: The heading to amended section 132 is to read:
2                      Right of return for executives under first appointment

3    12.         Section 133 amended
4          (1)   In section 133(1)(b) delete "within the meaning of section 132."
5                and insert:
6

7                as defined in section 132(1).
8

9          (2)   In section 133(3) and (4) delete "remuneration" and insert:
10

11               salary
12


13   13.         Part 19 Division 8 inserted
14               At the end of Part 19 insert:
15


16               Division 8 -- Public and Health Sector Legislation
17                 Amendment (Right of Return) Act 2018 Part 3
18           258A.        Terms used
19                        In this Division --
20                        commencement day means the day on which the
21                        Public and Health Sector Legislation Amendment
22                        (Right of Return) Act 2018 section 13 comes into
23                        operation;
24                        contract of employment means a contract of
25                        employment referred to in section 128;
26                        executive has the meaning given in section 126;
27                        existing contract, in relation to an executive, means the
28                        contract of employment under which the executive is
29                        employed immediately before commencement day;


     page 18
      Public and Health Sector Legislation Amendment (Right of Return)
                                                             Bill 2018
                       Health Services Act 2016 amended         Part 3

                                                                    s. 13


1            new section 132 means section 132 as amended by the
2            Public and Health Sector Legislation Amendment
3            (Right of Return) Act 2018 section 11;
4            new section 133 means section 133 as amended by the
5            Public and Health Sector Legislation Amendment
6            (Right of Return) Act 2018 section 12;
7            old section 132 means section 132 as in force
8            immediately before the day on which the Public and
9            Health Sector Legislation Amendment (Right of
10           Return) Act 2018 section 11 comes into operation;
11           old section 133 means section 133 as in force
12           immediately before the day on which the Public and
13           Health Sector Legislation Amendment (Right of
14           Return) Act 2018 section 12 comes into operation.

15   258B.   Right of return for executives on initial contracts
16           not exceeding 2 years
17     (1)   This section applies to an executive if --
18            (a) the executive's existing contract --
19                     (i) is the executive's first contract of
20                          employment, being the contract entered
21                          into upon the executive's first
22                          appointment as an executive; and
23                    (ii) is for a term not exceeding 2 years;
24                  and
25            (b) the existing contract contains an election made
26                  by the executive under old section 132(2) to
27                  retain a right of return; and
28            (c) immediately before commencement day, the
29                  election has not been revoked by the executive
30                  as referred to in old section 132(3)(c).
31     (2)   An executive to whom this section applies is entitled to
32           employment in accordance with new section 132(1)
33           and (4) to (8) as if a reference to an executive in those

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1                    provisions were a reference to an executive to whom
2                    this section applies.
3              (3)   For the purposes of new section 133(1)(b), an
4                    executive who has an entitlement to employment under
5                    subsection (2) is taken to be a person who has a right of
6                    return as defined in new section 132(1).

7            258C.   Right of return for executives on initial contracts
8                    exceeding 2 years
9              (1)   This section applies to an executive if --
10                    (a) the executive's existing contract --
11                             (i) is the executive's first contract of
12                                  employment, being the contract entered
13                                  into upon the executive's first
14                                  appointment as an executive; and
15                            (ii) is for a term exceeding 2 years;
16                          and
17                    (b) the existing contract contains an election made
18                          by the executive under old section 132(2) to
19                          retain a right of return; and
20                    (c) immediately before commencement day, the
21                          election has not been revoked by the executive
22                          as referred to in old section 132(3)(c).
23             (2)   In the case of an executive who was appointed less
24                   than 2 years before commencement day, this section
25                   ceases to apply to the executive --
26                     (a) on the later of the following days --
27                              (i) the day that is 2 years after the day on
28                                   which the executive was appointed;
29                            (ii) the day that is 6 months after
30                                   commencement day;
31                           or


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1            (b)   if the executive's existing contract expires by
2                  effluxion of time before the later of the days
3                  referred to in paragraph (a), on the day after the
4                  expiry; or
5            (c)   if the executive's existing contract is terminated
6                  before the later of the days referred to in
7                  paragraph (a), on the day after the termination.
8     (3)   In the case of an executive who was appointed 2 years
9           or more before commencement day, this section ceases
10          to apply to the executive on the earlier of the following
11          days --
12            (a) the day that is 6 months after commencement
13                  day;
14            (b) the day after the day on which the executive's
15                  existing contract expires by effluxion of time;
16            (c) the day after the day on which the executive's
17                  existing contract is terminated.
18    (4)   An executive to whom this section applies is entitled to
19          employment in accordance with new section 132(1),
20          (4) and (5) to (8) as if --
21            (a) a reference to an executive in those provisions
22                  were a reference to an executive to whom this
23                  section applies; and
24            (b) the words "Subject to subsection (4A)," at the
25                  beginning of new section 132(4) were omitted.
26    (5)   For the purposes of new section 133(1)(b), an
27          executive who has an entitlement to employment under
28          subsection (4) is taken to be a person who has a right of
29          return as defined in new section 132(1).




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1            258D.   Right of return for executives on other contracts
2              (1)   This section applies to an executive if --
3                     (a) the executive's existing contract is not a
4                           contract of the kind referred to in
5                           section 258B(1)(a) or 258C(1)(a); and
6                     (b) the existing contract contains an election made
7                           by the executive under old section 132(2) to
8                           retain a right of return; and
9                     (c) immediately before commencement day, the
10                          election has not been revoked by the executive
11                          as referred to in old section 132(3)(c).
12             (2)   This section ceases to apply to an executive on the
13                   earlier of the following days --
14                     (a) the day that is 6 months after commencement
15                            day;
16                     (b) the day after the day on which the executive's
17                            existing contract expires by effluxion of time;
18                     (c) the day after the day on which the executive's
19                            existing contract is terminated.
20             (3)   An executive to whom this section applies is entitled to
21                   employment in accordance with new section 132(1),
22                   (4) and (5) to (8) as if --
23                     (a) a reference to an executive in those provisions
24                           were a reference to an executive to whom this
25                           section applies; and
26                     (b) the words "Subject to subsection (4A)," at the
27                           beginning of new section 132(4) were omitted.
28             (4)   For the purposes of new section 133(1)(b), an
29                   executive who has an entitlement to employment under
30                   subsection (3) is taken to be a person who has a right of
31                   return as defined in new section 132(1).



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1    258E.   Executives may elect to take compensation
2      (1)   An executive who has an entitlement to employment
3            by reason of section 258B(2), 258C(4) or 258D(3) may
4            elect in writing given to the Department CEO to take
5            compensation under new section 133 instead of
6            exercising the entitlement to employment.
7      (2)   On an election under subsection (1) taking effect, the
8            executive concerned --
9              (a) ceases to have the entitlement to employment;
10                  and
11             (b) becomes entitled to compensation under new
12                  section 133.
13   258F.   No other right of return under s. 132 or contract for
14           executives on existing contracts
15     (1)   No executive employed under an existing contract has
16           a right of return under old section 132.
17     (2)   Except as provided by sections 258B, 258C and 258D,
18           no executive employed under an existing contract has a
19           right of return under new section 132.
20     (3)   When, as referred to in section 258C(2), (3) or 258D(2)
21           (as the case requires), section 258C or 258D ceases to
22           apply to an executive --
23             (a) the election contained in the executive's
24                   existing contract ceases to have any effect; and
25             (b) the executive cannot, during the remainder (if
26                   any) of the term of the existing contract, make
27                   another election; and
28             (c) the executive cannot, in any subsequent
29                   contract of employment for the same or another
30                   office in the Health Executive Service, elect to
31                   retain a right of return.



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1            258G.   Entitlements arising under s. 133 before
2                    commencement day
3              (1)   This section applies if, immediately before
4                    commencement day --
5                      (a) an executive is entitled to compensation under
6                           old section 133, whether by reason of old
7                           section 133(1) or section 135(2)(b); but
8                      (b) the Department CEO has not determined under
9                           old section 133 the compensation (if any) to
10                          which the executive is entitled.
11             (2)   The Department CEO is to determine the compensation
12                   (if any) to which the executive is entitled under new
13                   section 133.
14


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