Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 11

11. (1) Subject to this Act, the period of service of an employee for the
purposes of this Act is the period during which he has been employed
continuously in Government Service.

(2) Where, prior to his current period of employment in Government Service, an
employee was employed continuously in-

   (a)  any service of a State;

   (b)  any service of an authority of a State;

   (c)  the Public Service of a Territory;

   (d)  any service of an authority established or constituted by or under a
        law of an external Territory;

   (e)  the Public Service of the former Territory of Nauru; or

   (f)  other relevant service, and the period for which he was so employed
        was continuous with his current period of employment, his period of
        service for the purposes of this Act includes, subject to this Act,
        the period for which he was so employed.

(3) Where an employee has been employed-

   (a)  in 2 or more of the services referred to in paragraphs (2) (a), (b),
        (c), (d), (e) and (f); or

   (b)  in 1 or more of those services and, at any time prior to his current
        period of employment, in Government Service, and the periods for which
        he was so employed are continuous with one another and with his
        current period of employment, the sum of these periods of employment
        shall, subject to this Act, be included in his period of service for
        the purposes of this Act.

(4) The period of service of an employee does not include any period during
which-

   (a)  he was or is employed in a qualifying service in an honorary capacity
        and was not or is not also employed in a qualifying service in some
        other capacity, not being employment in respect of which he was or is
        remunerated by fees, allowances or commission only; or

   (b)  he was or is remunerated, in respect of employment in a qualifying
        service, by fees, allowances or commission only and was not or is not
        remunerated in respect of other employment in a qualifying service in
        some other manner.

(5) For the purposes of paragraph (2) (f), employment-

   (a)  as a member of the Defence Force;

   (b)  as a person holding an office, or employed, under the
        Reserve Bank Act  1959 or the Commonwealth Banks Act 1959; or

   (c)  outside Australia as a person appointed or engaged by the Commonwealth
        after the commencement of this Act for employment outside Australia
        only, shall be deemed to be employment in other relevant service.