Victorian Numbered Acts Victorian Numbered ActsAfter section 623A of the Workplace Injury Rehabilitation and Compensation Act 2013 insert —
(1) A person listed under section 623A who was an employee of the Authority immediately before the commencement of this section ( transferred employee")" is to be regarded as—
(a) having been employed by ACCS with effect from that commencement; and
(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before that commencement, as an employee of the Authority; and
(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued, as an employee of the Authority, immediately before that commencement.
(2) The service of a transferred employee as an employee of ACCS is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement of this section, as an employee of the Authority.
(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Authority because of this Act.
(4) A certificate purporting to be signed by the Chief Executive Officer of the Authority certifying that the person named in the certificate was, with effect from the commencement of this section, employed, by virtue of this section, by ACCS is admissible in evidence in any proceedings as evidence of the matters stated in it.
(5) Nothing in this section prevents—
(a) any of the terms and conditions of employment of a transferred employee being altered by or under any law, award or agreement with effect from any time after the commencement of this section; or
(b) a transferred employee from resigning or being dismissed at any time after that commencement in accordance with the then existing terms and conditions of the transferred employee's employment with ACCS.
(1) In this section, "commencement date" means the day on which section 15 of the Compensation Legislation Amendment Act 2016 comes into operation.
(2) On and from the commencement date—
(a) the Conciliation Service is wound up; and
(b) the Senior Conciliation Officer goes out of office and is taken to be employed by ACCS for a fixed term of 12 months beginning on the commencement date, on the same terms and conditions as set out in the instrument of appointment as in force immediately before the commencement date; and
(c) the Conciliation Officers go out of office and are taken to be employed by ACCS for a fixed term of 6 months beginning on the commencement date, on the same terms and conditions as set out in the instrument of appointment as in force immediately before the commencement date; and
(d) all property and rights of the Conciliation Service vest in ACCS; and
(e) all liabilities of the Conciliation Service become liabilities of ACCS; and
(f) ACCS is the successor in law of the Conciliation Service.
(1) Nothing effected or to be effected by section 623C or done or suffered under section 623C—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any
person in breach of, or as constituting a default under, any Act or
other law or obligation or any provision in
any agreement, arrangement or
understanding including, but not limited to, any provision or obligation
prohibiting, restricting or regulating the assignment, transfer, sale or
disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any obligation.
(2) In this section, "Act" does not include the Charter of Human Rights and Responsibilities.
(1) In this section, "commencement date" means the day on which section 15 of the Compensation Legislation Amendment Act 2016 comes into operation.
(2) On and from the commencement date, any conciliation that was being conducted by the Conciliation Service immediately before the commencement date but was not concluded may be concluded by ACCS.".