Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 16

16. (1) Subject to section 17, an employee is not eligible to be granted
long service leave unless his period of service is at least 10 years.

(2) Where the period of service of an employee is at least 10 years, the
approving authority may, at any time, grant to the employee-

   (a)  in the case of a category A employee-long service leave on full salary
        for a period not exceeding his long service leave credit at that time;
        or

   (b)  in the case of a category B employee-long service leave on full salary
        in relation to his full-time service for a period not exceeding his
        long service leave credit related to his full-time service at that
        time or long service leave on full salary in relation to his part-time
        service for a period not exceeding his long service leave credit
        related to his part-time service at that time or both.

(3) Where a period of long service leave may at any time be granted to an
employee under sub-section (2), the approving authority may, at the request of
the employee, grant to him long service leave on half salary for a period not
exceeding twice that first-mentioned period.

(4) Subject to sub-sections (5) and (6), where an employee whose period of
service is at least 10 years ceases to be an employee otherwise than by death,
the approving authority shall authorize payment to him of an amount equal to-

   (a)  in the case of a category A employee-the amount of salary that would
        be payable to him for a period of service equal to the period of his
        long service leave credit immediately before he ceases to be an
        employee if salary were payable to him in respect of that period at
        the rate that is, by virtue of section 21, the rate applicable to him
        in relation to his long service leave immediately before he ceases to
        be an employee; or

   (b)  in the case of a category B employee-the sum of-

        (i)    the amount of salary that would be payable to him for a period
               of service equal to the period of his long service leave credit
               related to his full-time service immediately before he ceases
               to be an employee if salary were payable to him in respect of
               that period at the rate that is, by virtue of section 21, the
               rate applicable to him in relation to his long service leave
               related to his full-time service immediately before he ceases
               to be an employee; and

        (ii)   the amount of salary that would be payable to him for a period
               of service equal to the period of his long service leave credit
               related to his part-time service immediately before he ceases
               to be an employee if salary were payable to him in respect of
               that period at the rate that is, by virtue of section 21, the
               rate applicable to him in relation to his long service leave
               related to his part-time service immediately before he ceases
               to be an employee.

(5) Sub-section (4) does not apply to an employee who requests the approving
authority in writing, before he ceases to be an employee, not to authorize
payment to him under that sub-section.

(6) Where an employee requests the approving authority in writing before he
ceases to be an employee to authorize a payment to him, upon his ceasing to be
an employee, of a specified amount, being an amount less than the amount that
would otherwise be payable to him under sub-section (4), that sub-section does
not empower the approving authority to authorize a payment to him of an amount
greater than the amount so specified.

(7) Where an employee whose period of service is at least 10 years dies, the
approving authority may authorize payment to a dependant of the employee of an
amount equal to, or payments to any 2 or more dependants of the employee of
amounts aggregating, the amount that would have been payable to the employee
under sub-section (4) if the employee had ceased to be an employee otherwise
than by death on the day on which the employee died.