Commonwealth Numbered Acts

COMMONWEALTH TEACHING SERVICE ACT 1976 No. 23 of 1976 - SECT 9

9. (1) After Division 8 of Part III of the Principal Act the following
Division is inserted in that Part:-

''Division 9-Special Provisions with respect to Long Service Leave.
Interpretation.
''43P. In this Division, unless the contrary intention appears-

'long service leave' includes long leave, furlough, extended leave and any
other leave in the nature of long service leave (howsoever referred to);

'prescribed teacher' means a member of the Service who-

   (a)  became such a member after 13 September 1973 and before 1 January
        1974; and

   (b)  was, immediately before becoming such a member-

        (i)    employed in the teaching service of New South Wales and engaged
               in teaching duties in a Commonwealth school in the Australian
               Capital Territory; or

        (ii)   employed in the teaching service of South Australia and engaged
               in teaching duties in a Commonwealth school in the Northern
               Territory;

'relevant State' means, in relation to a prescribed teacher, the State in the
teaching service of which he was employed immediately before becoming a member
of the Service. Long service leave.
''43Q. Where, at any time, in the application to or in relation to a
prescribed teacher of an Act making provision at that time for long service
leave in respect of members of the Service, the period of long service leave
to which he would, but for this section, be entitled, or the amount of pay in
lieu of long service leave that would, but for this section, be payable to or
in relation to him, under that Act is less than the period of leave to which
he would be entitled, or the amount that would be payable to or in relation to
him, as the case may be, if the scale of accrual of long service leave that
would have been applicable in relation to him under the law of the relevant
State as in force on 1 January 1974 if he had continued to be employed in the
teaching service of the relevant State were substituted for the scale of
accrual of long service leave applicable to him at that time under that Act,
the period of long service leave to which he is entitled, or the amount of pay
in lieu of long service leave payable to or in relation to him, as the case
may be, shall be determined in accordance with the first-mentioned scale of
accrual.''.

(2) The amendment made by sub-section (1) shall be deemed to have had effect
from and including 1 January 1974.