Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 13

13. (1) In this section-

''Australian Staffing Assistance Group'' means the body established under that
name by the Papua New Guinea (Staffiing Assistance) Act 1973;

''Papua New Guinea'' has the same meaning as it had in the Papua New Guinea
Act 1949 as in force on 15 September 1975;

''relevant service'' means-

   (a)  the service of the Independent State of Papua New Guinea;

   (b)  the service of a body (not being an incorporated company, society or
        association) established for a public purpose by or under a law of the
        Independent State of Papua New Guinea; or

   (c)  the service of the Commonwealth in respect of the Australian
        Staffing Assistance Group.

(2) This section applies in relation to a person, being an employee, who was,
immediately before 16 September 1975, employed in-

   (a)  the service of Papua New Guinea;

   (b)  the service of a body (not being an incorporated company, society or
        association) established for a public purpose by or under a law of
        Papua New Guinea; or

   (c)  the service of the Commonwealth as a member of the Australian Staffing
        Assistance Group.
(3) Where, during a period (in this section referred to as the ''period of his
relevant employment'') that commenced on 16 September 1975-

   (a)  a person to whom this section applies was employed continuously in a
service referred to in paragraph (a) or (b) of the definition of ''relevant
service'' in sub-section (1); or

   (b)  a person to whom this section applies was employed continuously in 2
        or more of the services referred to in that definition and the periods
        for which he was so employed were continuous with one another, the
        person-

   (c)  shall, for the purposes of sub-section 11 (2), be deemed to have been
        continuously employed in other relevant service during the
        period of his relevant employment; and

   (d)  shall, for the purposes of the provisions of this Act other than
        sections 11, 12 and 14, be deemed to have been continuously employed
        in a qualifying service during the period of his relevant employment.

(4) For the purposes of sub-section (3)-

   (a)  a period of employment of a person after 15 September 1975 in the
        service of the Commonwealth as a member of the
        Australian Staffing Assistance Group shall not be included in his
        period of relevant employment unless it was continuous with, and
        immediately preceded, a period during which he was employed in a
        service referred to in paragraph (a) or (b) of the definition of
''relevant service'' in sub-section (1); and

   (b)  a person shall be taken not to have been employed in the service of a
        body, being the Commonwealth, the Independent State of
        Papua New Guinea or a
body referred to in paragraph (b) of the definition of ''relevant service'' in
sub-section (1), during a period-

        (i)    during which he was employed by that body in an honorary
               capacity only; or

        (ii)   in respect of which he was remunerated for his services to that
               body by fees, allowances or commission only.

(5) For the purposes of sub-section (3), sub-sections 12 (1), (2), (3) and
(10) apply to and in relation to any employment of a person to whom this
section applies after 15 September 1975 in a relevant service as if it were
employment in a qualifying service.

(6) Where a continuous period of employment of a person to whom this section
applies in a qualifying service has commenced after, but not more than 12
months after, the expiration of the period of his relevant employment, those
periods of employment shall, for the purposes of this Act, be deemed to be
continuous with one another.

(7) For the purposes of sub-section (6), where a person to whom this section
applies has undertaken a course of full-time training-

   (a)  under a scheme established by the Commonwealth for the training of
        persons who have served in the Defence Force; or

   (b)  under a training scheme that is a prescribed training scheme for the
        purposes of paragraph 12 (6) (b), after the expiration of the
        period of his relevant employment and before he has become employed in
        a qualifying service, he shall be deemed to have become employed in
        the qualifying service not more than 12 months after the expiration of
        the period of his relevant employment if the period between the date
        of expiration of the period of his relevant employment and the date on
        which he became employed in the qualifying service, less the period of
        his course of full-time training under that scheme, does not exceed 12
        months.

(8) Where a continuous period of employment of a person to whom this section
applies in a service of a kind referred to in paragraph 11 (2) (c), (d) or (f)
has commenced after, but not immediately after, the expiration of the period
of his relevant employment, those periods of employment shall, for the
purposes of this Act, be deemed to be continuous with one another if the
approving authority is satisfied that-

   (a)  the termination of his employment at the expiration of the period of
        his relevant employment was due to his ill-health; and

   (b)  the commencement of that first-mentioned period of employment occurred
        not more than 12 months after his health became so restored as to
        enable him to perform duties of a kind that were suitable to be
        performed by him having regard to the duties performed by him
        immediately before the expiration of the
        period of his relevant employment.

(9) Where a continuous period of employment of a person to whom this section
applies in a service of a kind referred to in paragraph 11 (2) (a) or (b) has
commenced after, but not immediately after, the termination of the period of
his relevant employment, those periods of employment shall, for the purposes
of this Act, be deemed to be continuous with one another if the approving
authority is satisfied that-

   (a)  the termination of his employment at the expiration of his period of
        relevant employment was due to his ill-health;

   (b)  he was, due to his ill-health, unemployed for a period immediately
        following the expiration of the period of his relevant employment; and

   (c)  he became employed in that first-mentioned employment not more than 12
        months after the expiration of the period of unemployment referred to
        in paragraph (b).

(10) Where, by virtue of sub-section (6), (7), (8) or (9), 2 periods of
employment of a person to whom this section applies are to be deemed to be
continuous with one another although they are separated by another period, the
person shall not, by virtue of that sub-section, be deemed to be employed in a
qualifying service during that other period.

(11) A person employed in the service of the Commonwealth as a member of the
Australian Staffing Assistance Group who is not so employed on transfer from
the Australian Public Service under an arrangement made under section 47D of
the Public Service Act 1922 shall not be taken, by reason only of being
employed as a member of that Group, to be, or to have been, employed in
Government Service for the purposes of this Act while employed as a member of
that Group.

(12) Notwithstanding sub-section (11), where a person who is employed in the
service of the Commonwealth otherwise than as a member of the Australian
Staffing Assistance Group has, at any time prior to his current period of
employment, been employed by the Commonwealth as a member of that Group, the
period or periods during which he was employed as a member of that Group prior
to his current period of employment shall be treated as a period or periods of
employment in Government Service for the purposes of this Act.