Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 17

17. (1) Where an employee whose period of service is less than 10 years but
not less than 1 year is to cease to be an employee-

   (a)  on or subsequent to his attaining the minimum retiring age; or

   (b)  upon his retrenchment, the approving authority may grant to him
        long service leave on full salary, to be taken so as to expire
        immediately before he is to cease to be an employee, being-

   (c)  in the case of a category A employee-long service leave for a period
        not exceeding his long service leave credit immediately before he
        commences that leave; or

   (d)  in the case of a category B employee-long service leave in relation to
        his full-time service for a period not exceeding his
        long service leave credit related to his full-time service, and
        long service leave in relation to his part-time service for a period
        not exceeding his long service leave credit related to his part-time
        service, immediately before he commences whichever of those periods of
        leave he commences first.

(2) Subject to sub-sections (3) and (4), where an employee whose period of
service is less than 10 years but not less than 1 year-

   (a)  ceases to be an employee, otherwise than by reason of his death, on,
        or subsequent to, his attaining the minimum retiring age;

   (b)  ceases to be an employee by reason of his retrenchment; or

   (c)  ceases to be an employee and satisfies the approving authority that
        his so ceasing is due to ill health of such a nature as to justify his
        so ceasing, the approving authority shall authorize payment to him-

   (d)  in the case of a category A employee-of an amount equal to 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

   (e)  in the case of a category B employee-of an amount equal to the sum of-

        (i)    the amount of salary that would be payable to him in respect of
               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.

(3) Sub-section (2) does not apply to an employee who requests the approving
authority in writing, before he ceases to be an employee, not to authorize a
payment to him under that sub-section.

(4) 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 (2), that sub-section does
not empower the approving authority to authorize a payment to him of an amount
greater than the amount so specified.

(5) Where an employee whose period of service is less than 10 years but not
less than 1 year dies, the approving authority may authorize payment to a
dependant of the employee of an amount equal to, or to 2 or more dependants of
the employee of amounts aggregating, the amount that would have been payable
to the employee under sub-section (2) if the employee had, on the day on which
the employee died, ceased to be an employee otherwise than by reason of his
death on, or subsequent to, his attaining the minimum retiring age.