Document ID: chunk:federal_register_of_legislation:C2018A00025:clause:1_104
Version: federal_register_of_legislation:C2018A00025
Segment Type: clause
Provision Reference: sch 1 cl 104
Character Range: 45742–47312

104  Existing ASD staff—terms and conditions of employment and accrued entitlements etc.

Existing staff
(1) If, immediately before 1 July 2018, a person was employed in the old ASD, the person:
 (a) continues, on and after 1 July 2018, to be employed in the new ASD; and
 (b) ceases to be an APS employee.

Terms and conditions of employment
(2) A person who, immediately before 1 July 2018, was employed in the old ASD under a written agreement, continues to be employed on the terms and conditions specified in that agreement.
(3) A person who, immediately before 1 July 2018, had his or her terms and conditions of employment in the old ASD determined under section 24 of the Public Service Act 1999, continues to be employed on the terms and conditions specified in that determination.
(4) Subitems (2) and (3) are subject to any determination made by the Director‑General of the new ASD under subsection 38A(3) of the new law.

Preservation of accrued entitlements
(5) The accrued employment benefits of a person to whom subitem (1) applies are not affected by the person ceasing to be an APS employee.

Continuity of service
(6) The service of a person to whom subitem (1) applies as an employee of the new ASD is taken, for all purposes, to have been continuous with his or her service as an employee of the old ASD.

Ceasing employment with ASD
(7) To avoid doubt, if a person ceases to be an APS employee (as mentioned in subitem (1)), the person is not entitled to receive any payment or other benefit merely because he or she ceased to be such an employee.