Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 10

10. (1) Subject to this section, a person shall, for the purposes of this Act,
be taken to be employed in Government Service if the person is employed by the
Commonwealth, whether he is so employed under a law or under a contract of
service or apprenticeship and whether he is employed in a full-time or in a
part-time capacity.

(2) Without limiting by implication the generality of sub-section (1), but
subject to this section, a person-

   (a)  who constitutes, or is acting as the person constituting, a public
        authority of the Commonwealth; or

   (b)  is, or is acting as, a member of such an authority or is a deputy of
        such a member, shall, for the purposes of this Act, be deemed to be
        employed in Government Service, and his employment shall, for those
        purposes, be deemed to be constituted by the performance of the duties
        of the authority, his duties as such a member or person acting as such
        a member or his duties as such a deputy, as the case may be.

(3) Subject to sub-section (4), this Act does not apply to a person in respect
of any period during which he held or holds office as a Judge as defined by
section 4 of the Judges' Pensions Act 1968 or as the Solicitor-General.

(4) If a person appointed as a Judge as defined by section 4 of the Judges' 
Pensions Act 1968 or as the Solicitor-General was, immediately before his
appointment, a person to whom this Act, an Act repealed by this Act or
sections 73 and 74 of the Public Service Act 1922 applied, the person may,
within 3 months after his appointment as a Judge or as the Solicitor-General
or, if he was appointed as such a Judge or as Solicitor-General before the
commencement of this Act, within 3 months after the commencement of this Act,
elect, by notice in writing to the Attorney-General, that sub-section (3)
shall not apply to him and this Act shall then be deemed to have applied, or
to apply, to and in relation to him in respect of any period during which he
held or holds the appointment as if the performance of the duties of the
appointment constituted employment in Government Service.

(5) This Act does not apply to a person who was employed immediately before 7
October 1944 under the Commonwealth Railways Act 1917-1936 if the provisions
of a by-law in force under the Australian National Railways Act 1917, being
provisions for the granting of long service leave or pay in lieu of long
service leave, are applicable to him.

(6) A person-

   (a)  who is remunerated by the Commonwealth by fees, allowances or
        commission;

   (b)  who is a member of the Defence Force;

   (c)  who is employed by the Commonwealth in an honorary capacity;

   (d)  who is employed in the Public Service of a Territory;

   (e)  who is temporarily transferred to the service of the Commonwealth from
        the service of a State or an authority of a State, or whose services
        are temporarily loaned to the Commonwealth by a State or an authority
        of a State;

   (f)  who holds an office or is employed under the Reserve Bank Act 1959 or
        the Commonwealth Banks Act 1959; or

   (g)  who is, after the commencement of this Act, appointed or engaged for
        employment outside Australia only, shall not be taken, by reason only
        of his being such a person, to be employed in Government Service for
        the purposes of this Act.

(7) This section applies in relation to employment before the commencement of
this Act in like manner as it applies in relation to employment after the
commencement of this Act.