Document ID: chunk:federal_register_of_legislation:C2004C02964:section:43v:p3
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 43V (pt 3/4)
Character Range: 81348–84135

and
 (iii) if that prescribed condition is the condition referred to in paragraph (b) of subsection (2) ‑determine whether the period that commenced on the day immediately following the day on which his employment in the Teaching Service of the Northern Territory was terminated and ending on the day immediately preceding the day on which he reports for duty in the Commonwealth Teaching Service or, if he furnishes a notification under paragraph (b) of subsection (4) of section 43W, on the day on which he attains the age of 65 years, or any part of that period, is to form part of his period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976) and, if so, the purposes for which it is to form part of his period of service; and
 (b) if it is not so satisfied‑determine that the applicant is not eligible for re‑appointment to the Commonwealth Teaching Service.
 (8) Where the Re‑appointments Review Committee that inquires into an application under subsection (1) is satisfied that the employment of the applicant was terminated on the ground of his misconduct, it shall not determine that he is eligible for re‑appointment to the Commonwealth Teaching Service unless it is satisfied that, if the applicant had committed that misconduct while employed as an officer of the Commonwealth Teaching Service, it is likely that he would not have been dismissed from that Service.
 (9) The Re‑appointments Review Committee that inquires into an application under subsection (1) by an applicant whose employment in the Teaching Service of the Northern Territory is to be, or has been, terminated in consequence of the annulment, for any reason, of his appointment while he is or was a probationer shall not determine that the applicant is eligible for re‑appointment to the Commonwealth Teaching Service unless it is satisfiedthat, if the applicant had been serving as an officer in the Commonwealth Teaching Service on probation, it is likely that his appointment to the Commonwealth Teaching Service would not have been annulled for that reason.
 (10) In making a determination under subsection (7), the Re‑appointments Review Committee shall have regard to:
 (a) the designation applicable to the applicant; and
 (b) the salary, or limits of salary, applicable to the applicant;
immediately before he ceased, or last ceased, to be an officer of the Teaching Service of the Northern Territory and to all other relevant matters.
 (11) The Re‑appointments Review Committee that inquires into an application referred to it under subsection (6) may, under subsection (7), determine that the applicant is eligible for re‑appointment to the Commonwealth Teaching Service whether or not the applicant is eligible for re‑appointment to that Service