Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p29
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 71498–74133

involuntarily;

the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.

  "(5) If:

     (a) it is provided in a document by means of which a person is appointed or employed as a fixed-term employee, or it is a term or condition of the appointment or employment, that subsection (3) is not to apply to the person in relation to the appointment or employment; and

  (b) the fixed term of the appointment or employment expires; and

     (c) the person is eligible to be re-appointed or re-employed as a fixed-term employee; and

     (d) although the person desires to be so re-appointed or re-employed, he or she is not so re-appointed or re-employed; and

     (e) but for this subsection, the person would not have been deemed to have retired involuntarily;

the person is to be deemed, for the purposes of this Act, to have retired involuntarily.

"(6) If a person who is a fixed-term employee ceases to be an eligible employee because his or her appointment or employment is terminated before the expiration of the fixed term, the following provisions have effect:

  (a) if:

        (i) the document by means of which the person was appointed or employed in the position or office provided that, in the events that have happened, the person was not to be deemed to have retired involuntarily; or

        (ii) it was a term or condition of the appointment or employment that, in the events that have happened, the person was not to be deemed to have retired involuntarily;

     the person is not to be deemed, for the purposes of this Act, to have retired involuntarily;

     (b) in any other case, the person is to be deemed, for the purposes of this Act, to have retired involuntarily.

"(7) A document by means of which a person is appointed or employed as a fixed-term employee must not include provision of the kind mentioned in paragraph (5)(a) except with the approval of the Minister.

"(8) A person must not be appointed or employed as a fixed-term employee on the basis that it is a term or condition of the appointment or employment that subsection (3) is not to apply to the person in relation to the appointment or employment unless the Minister has approved the appointment or employment of the person on that basis.

"(9) The inclusion of a provision in a document in contravention of subsection (7) is ineffective for the purposes of paragraph (5)(a), but the document is as effective in all other respects as it would be apart from this subsection.

"(10) If a person is appointed or employed in contravention of subsection (8), the term or condition referred to in that