Document ID: chunk:federal_register_of_legislation:C2004C02964:section:34c
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 34C
Character Range: 40082–42413

34C  Re‑appointment of officers and temporary employees deemed to have retired under section 34B
 (1) A person who is deemed to have retired from the Service in accordance with subsection 34B(2) or (4) may apply to the relevant authority, in writing, for re‑appointment to the Service.
 (2) A relevant authority to whom an application is made under subsection (1) shall:
 (a) if the relevant authority is satisfied that the applicant had, in all the circumstances, reasonable grounds for being absent, re‑appoint the applicant to the Service to fill:
 (i) the position occupied by the applicant immediately before the applicant was deemed to have retired from the Service, or an equivalent position;
 (ii) if such a position is not available‑an available position as nearly as possible equivalent to the position occupied by the applicant as mentioned in subparagraph (i); or
 (iii) with the consent in writing of the applicant‑another position; or
 (b) if the relevant authority is not so satisfied‑refuse the application.
 (3) Where a relevant authority refuses an application
 (a) the relevant authority shall notify the applicant in writing accordingly, and furnish to the applicant the reasons for the refusal; and
 (b) the applicant may apply in the prescribed manner for review of the decision of the relevant authority to refuse the application.
 (4) Where a person who is deemed to have retired from the Service in accordance with subsection 34B(2) or (4) is re‑appointed to the Service under this section:
 (a) the person shall be deemed, during the period commencing on the day immediately following the day on which the person is so deemed to have retired from the Service and ending on the day immediately preceding the day on which the person was so re‑appointed, to have continued in the Service and to have been absent from duty on leave of absence without pay; and
 (b) the relevant authority shall determine whether that period, or any part of that period, is to form part of the officer's 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 the officer's period of service.
 (5) In this section, officer includes a temporary employee engaged under section 23.

Division 5A—Attachment of Salaries