Victorian Numbered Acts

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PARLIAMENTARY BUDGET OFFICER ACT 2017 (NO. 27 OF 2017) - SECT 16

Right of return—Parliamentary Administration Act 2005

    (1)     This section applies to a person if—

        (a)     the person was a Parliamentary officer immediately before the person's first appointment as Parliamentary Budget Officer; and

        (b)     since that first appointment the person has continually held appointment as Parliamentary Budget Officer; and

        (c)     the person ceases to be the Parliamentary Budget Officer

              (i)     on the expiry of the person's term of office; or

              (ii)     by resigning in accordance with section   11(a).

    (2)     The person is entitled—

        (a)     to be employed, under Part 3 of the Parliamentary Administration Act 2005 as a Parliamentary officer

              (i)     in the person's previous Parliamentary Department; and

              (ii)     in a position with the same classification as the person's previous classification; and

              (iii)     with the remuneration that applies to that classification on and after the day the person is employed in accordance with this section; or

        (b)     if there is no position available in the person's previous Parliamentary Department with the same classification as the person's previous classification, to be employed, under Part 3 of the Parliamentary Administration Act 2005 as a Parliamentary officer

              (i)     in a different Parliamentary Department; and

              (ii)     in a position with the same classification as the person's previous classification; and

              (iii)     with the remuneration that applies to that classification on and after the day the person is employed in accordance with this section; or

        (c)     if there is no position available in any Parliamentary Department with the same classification as the person's previous classification, to be transferred, under Part 3 of the Parliamentary Administration Act 2005 , to duties in a public entity or public service body with no less remuneration than applied to that classification; or

        (d)     if there is no position in which the person may be employed under paragraph (a) or (b) or transferred to under paragraph (c), to be taken to be a Parliamentary officer in the Department of Parliamentary Services whose employment is terminated on the ground of redundancy.

    (3)     A transfer under subsection (2)(c) is to be effected by the Secretary of the Department of Parliamentary Services as if the person were a Parliamentary officer within the Department of Parliamentary Services.

    (4)     The person may waive the entitlement under this section.

    (5)     The entitlement under this section may be waived in consideration of the making of any payment to the person who waives that entitlement.

    (6)     In this section—

"Parliamentary Department" means a Department within the meaning of the Parliamentary Administration Act 2005 ;

"Parliamentary officer" has the same meaning as it has in the Parliamentary Administration Act 2005 ;

"previous classification" means the classification of the position the person occupied as a Parliamentary officer immediately before the person's first appointment as Parliamentary Budget Officer;

"previous Parliamentary Department" means the Parliamentary Department in which the person was a Parliamentary officer immediately before the person's first appointment as Parliamentary Budget Officer;

"public entity" has the same meaning as it has in the Public Administration Act 2004 ;

"public service body" has the same meaning as it has in the Public Administration Act 2004 .

Division 2—Staffing and administration



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