Document ID: chunk:federal_register_of_legislation:C2004C02964:section:43v:p1
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 43V (pt 1/4)
Character Range: 76368–79036

43V  Application for re‑appointment to Service
 (1) Where a prescribed condition of re‑appointment is fulfilled in respect of a transferred officer, he may, while he is a transferred officer or, subject to subsection (3), after he ceases to be a transferred officer, make application to the Secretary for re‑appointment to the Commonwealth Teaching Service on the ground that that condition has been so fulfilled.
 (2) Each of the following conditions is a prescribed condition of re‑employment in respect of a transferred officer or former transferred officer:
 (a) that his employment in the Teaching Service of the Northern Territory is to be, or has been, terminated otherwise than on the ground of his invalidity or by reason of his resignation;
 (b) that, in a case where his employment in the Teaching Service of the Northern Territory has been terminated by reason of his having been found by a court to have committed a criminal offence:
 (i) the finding of the court has been nullified; and
 (ii) he has made application for re‑appointment to that Service but has been refused re‑appointment;
 (c) that:
 (i) he is employed, and has at all times since he became employed, in the Teaching Service of the Northern Territory continued to be employed, in that Service; and
 (ii) his career in that Service has been adversely affected by reason of a reduction or reductions in, or an alteration or alterations to, the activities of that Service.
 (3) A transferred officer is not entitled to make application under subsection (1) on the ground that a prescribed condition of re‑appointment has been fulfilled in relation to him:
 (a) if he has attained the age of 65 years;
 (b) if his employment in the Teaching Service of the Northern Territory is to be terminated and he will attain the age of 65 years on or before the day on which that employment is to be terminated; or
 (c) if his employment in the Teaching Service of the Northern Territory is to be, or has been, terminated by reason of his resignation or on the ground of his invalidity.
 (4) Where a transferred officer:
 (a) has made an application under subsection (1); and
 (b) attains the age of 65 years while continuing to be employed in the Teaching Service of the Northern Territory;
the application lapses.
 (5) An application by a transferred officer under subsection (1):
 (a) shall be in writing;
 (b) shall be made:
 (i) if his application is on the ground that the prescribed condition of re‑appointment referred to in paragraph (a) of subsection (2) has been fulfilled in relation to him‑before, or within the period of 30 days, or such further period as the Secretary allows, after, the