Document ID: chunk:federal_register_of_legislation:C2023C00339:section:12:p3
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 12 (pt 3/4)
Character Range: 30418–33005

him or her to perform duties of a kind that were suitable to be performed by him or her having regard to the duties performed by him or her immediately before the expiration of that period of previous employment.
 (8) Where:
 (a) a continuous period of employment of a person in a service, being a service referred to in paragraph 11(2)(a) or (b), has commenced after, but not immediately after, the expiration of a continuous period of previous employment of the person in a service, being Government Service or a service referred to in paragraph 11(2)(c), (d), (e) or (f); or
 (b) a continuous period of employment of a person in a qualifying service has commenced after, but not immediately after, the expiration of a continuous period of previous employment of the person in a service referred to in paragraph 11(2)(a) or (b);
those periods of employment referred to in paragraph (a) or (b) of this subsection, whichever is applicable, shall, for the purposes of this Act, be deemed to be continuous with one another if the approving authority is satisfied that:
 (c) the termination of his or her employment at the expiration of that period of previous employment was due to ill‑health;
 (d) the person was, due to his or her ill‑health, unemployed for a period immediately following the expiration of that period of previous employment; and
 (e) the commencement of the period of employment first‑ mentioned in paragraph (a) or (b), whichever is applicable, occurred not more than 12 months after the expiration of the period of unemployment referred to in paragraph (d).
 (9) A person shall not be deemed, for the purposes of this Act, to have been employed in a qualifying service during a period that would, but for subsection (5), (6), (7) or (8), have broken the continuity of his or her service.
 (10) For the purposes of subsection (3), a person shall be taken to have been absent in respect of a period of specified defence service if he or she was, during that period, serving:
 (a) on continuous full‑time service in the Reserves (within the meaning of the Defence Act 1903); or
 (b) in a part of the Reserves for such a period as was fixed by or in accordance with regulations in force under the Defence Act 1903 as in force at the relevant time; or
 (c) on national service.
 (11) For the purposes of subsection (4), an employee shall be taken to occupy an executive office if and only if:
 (a) the employee is an officer or employee, within the meaning of the Fair Work (Registered Organisations) Act 2009, of an organisation within the meaning of that Act; or
 (b) he