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COMMONWEALTH TEACHING SERVICE ACT 1972 - SECT 43W

Re - appointment to Service

  (1)   Where a Re - appointments Review Committee determines, under subsection   ( 7) of section   43V, that an applicant is eligible for re - appointment to the Commonwealth Teaching Service, the Secretary shall, as soon as practicable after he receives a copy of the determination, furnish a copy of the determination to the applicant together with a notice, in writing, informing the applicant that he is eligible for re - appointment to the Commonwealth Teaching Service with the designation and at the salary, or at a salary within the limits of salary, specified in the determination.

  (2)   A notice given by the Secretary under subsection   ( 1) shall specify:

  (a)   the place at which the applicant should report for duty; and

  (b)   the nature of the duties on which he will be engaged upon commencing to perform duty in the Commonwealth Teaching Service.

  (3)   Where a person who has made application under subsection   ( 1) of section   43V:

  (a)   has received a notice under subsection   ( 1) of this section; and

  (b)   attains the age of 65 years while still employed in the Teaching Service of the Northern Territory;

he ceases to be entitled to be re - appointed to the Commonwealth Teaching Service upon his attaining that age.

  (4)   Subject to subsection   ( 3), where, within the period of 21 days, or within such further period as the Secretary allows, after a person receives a notice under subsection   ( 1), the person:

  (a)   if he has not attained the age of 65 years - reports for duty at the place specified in the notice; or

  (b)   if he has attained, or will, within that period or further period, attain the age of 65 years - notifies the Secretary, in writing, that he wishes to be re - appointed to the Commonwealth Teaching Service in accordance with the notice;

the person shall be deemed:

  (c)   to have been re - appointed to the Commonwealth Teaching Service under this section on the day (in this subsection referred to as the " day of appointment " ) immediately following the day on which his employment in the Teaching Service of the Northern Territory was terminated or ceased;

  (d)   to have been so re - appointed with the designation and at the salary, or at the salary within the limits of salary, specified in the notice; and

  (e)   to have been absent from the Commonwealth Teaching Service on leave of absence without pay during the period (if any) from and including the day of re - appointment to and including the day immediately preceding the day on which he reports for duty in the Commonwealth Teaching Service, or attains the age of 65 years, as the case may be.

  (5)   A person who has made application under subsection   ( 1) of section   43V and is deemed to have been re - appointed to the Commonwealth Teaching Service under this section shall be deemed to have been so re - appointed without probation unless the Re - appointments Review Committee that inquired into his application has determined that the applicant should be re - appointed on probation.

  (6)   Where a person is, under subsection   ( 4), to be deemed to have been re - appointed to the Commonwealth Teaching Service on an application made under section   43V on the ground that a prescribed condition of re - appointment, other than the condition referred to in paragraph   ( b) of subsection   ( 2) of section   43V, had been fulfilled in relation to him, the period during which he is, by virtue of subsection   ( 4) of this section, to be deemed to have been absent from the Commonwealth Teaching Service on leave of absence without pay, shall form part of his period of service under this Act for all purposes of this Act and the Long Service Leave (Commonwealth Employees) Act 1976 .

  (7)   A person who receives a notice under subsection   ( 1) ceases to be entitled to be re - appointed to the Commonwealth Teaching Service under this section if he does not report for duty or notify the Secretary in accordance with subsection   ( 4).



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