103   Re-appointment of employees resigning to contest Commonwealth elections

(Act No 12 of 1943)

(1)  If a person who is employed in any public sector service:

(a)  resigns in writing from the public sector service and the resignation takes effect not earlier than 3 months before the date appointed for the taking of the poll at an election of a member or members of either House of Parliament of the Commonwealth and before the day fixed for nominations for the election, and

(b)  includes in the resignation notice of the person’s intention to become a candidate at that election, and

(c)  becomes a candidate at that election, and

(d)  fails to be elected at that election, and

(e)  makes written application for re-appointment to a position or other employment in the public sector service concerned within 2 months after the declaration of the result of the poll at that election,

      the person is entitled to be re-appointed to a position or other employment in the public sector service not lower in remuneration than the current remuneration for the position or employment of the person at the date of the person’s resignation (or a similar position or employment).

(2)  A person, on being re-appointed under this section, is taken:

(a)  to have never resigned from the public sector service concerned, and

(b)  to have been on leave without pay during the period between resignation and re-appointment.

(3)  If a person is employed in a Division of the Government Service referred to in Part 2 of Schedule 1, a reference in this section to a public sector service in relation to that person is taken to be a reference to that Division only.