PRIVATE HEALTH INSURANCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2007

PART 6 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 6 OF THE NEW ACT  

Division 1 - Private Health Insurance Ombudsman  

Subdivision D - Private Health Insurance Ombudsman and staff  

SECTION 38   TRANSFER OF STAFF  
Long service leave

(1)    
If:

(a) a member of the staff of the old Ombudsman transfers, or is transferred, to the new Ombudsman; and

(b) previous employment of the staff member could have been taken into account for the purposes of calculating the staff member ' s entitlement to long service leave as a member of the staff of the old Ombudsman;

the previous employment must be taken into account in a similar manner for the purposes of calculating the staff member ' s entitlement to long service leave as an employee of the new Ombudsman.

Other staffing matters

(2)    
The regulations may prescribe other matters of a transitional nature in relation to the transfer of staff from the old Ombudsman to the new Ombudsman.

(3)    
Without limiting subsection (2), regulations under that subsection may provide for:

(a) some or all of the entitlements and obligations of the staff of the old Ombudsman to be preserved; or

(b) staffing procedures of the old Ombudsman to apply, or to continue to apply, in relation to:

(i) processes begun before, but not completed by, the Ombudsman conversion time; or

(ii) things done by, for or in relation to the old Ombudsman or a staff member of the old Ombudsman before the Ombudsman conversion time; or

(c) staffing procedures of the new Ombudsman to apply in relation to:

(i) processes begun before, but not completed by, the Ombudsman conversion time; or

(ii) things done by, for or in relation to the old Ombudsman or a staff member of the old Ombudsman before the Ombudsman conversion time.

(4)    
Regulations made under this section have effect despite the Public Service Act 1999 .

(5)    
In this section:

staffing procedures
includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.