149 Preservation of rights if public service officer appointed

(1) A public service officer who is appointed to the office of privacy commissioner or who is appointed to act in the office is entitled to retain all existing and accruing rights as if service in the office were a continuation of service as a public service officer.

(2) If the person stops holding the office for a reason other than misconduct, the person is entitled to be employed as a public service officer.

(3) The person must be employed on the classification level and remuneration that the Public Service Commission under the Public Service Act 2008 or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had continued in employment as a public service officer.