Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 19

19. (1) Subject to sub-section (2), in the application of section 18 to and in
relation to an employee-

   (a)  a reference to a period of long service leave granted to him is a
        reference to a period of long service leave granted to him, whether
        before or after the commencement of this Act, under this Act or
        otherwise in respect of a period of his employment that is included in
        his period of service;

   (b)  a reference to a period of long service leave granted to him in
        relation to his full-time service is a reference to a period of
        long service leave granted to him, whether before or after the
        commencement of this Act, under this Act or otherwise in respect of a
        period of employment in a full-time capacity that is included in his
        period of service; and

   (c)  a reference to a period of long service leave granted to him in
        relation to his part-time service is a reference to a period of
        long service leave granted to him, whether before or after the
        commencement of this Act, under this Act or otherwise in respect of a
        period of employment in a part-time capacity that is included in his
        period of service.

(2) In the application of section 18, to and in relation to an employee-

   (a)  if the employee has been granted long service leave on half salary
        under this Act or otherwise in respect of a period of his employment
        included in his period of service for the purposes of this Act, the
        period of that leave shall be deemed to have been a period equal to
        half that period;

   (b)  if the approving authority is satisfied that long service leave that
        was granted to the employee otherwise than under this Act, under any
        of the Acts repealed by this Act or under the Public Service Act 1922
        in respect of a period of employment included in his period of service
        for the purposes of this Act was not granted to him on full salary or
        half salary having regard to the terms and conditions of the
        employment, the period of that long service leave shall be deemed to
        have been such a period as is determined by the approving authority to
        be the period of long service leave that the employee would have been
        granted in respect of that employment if he had been granted
        long service leave on full salary;

   (c)  if the employee has been paid an amount under this Act, under any of
        the Acts repealed by this Act or under section 54C, 73, 74, 75A, 81K
        or 81V of the Public Service Act 1922 in respect of a period of
        employment in a full-time capacity, or in respect of a period of
        employment in a part-time capacity, that is included in his period of
        service for the purposes of this Act, the employee shall be deemed to
        have been granted, on the day on which that payment was made to him, a
        period of long service leave in relaton to his full-time service or to
        his part-time service, as the case may be, equal to the period of
        long service leave on full salary in relation to which that payment
        was made to him; and

   (d)  if the employee has, in circumstances that are similar to the
        circumstances in which an amount is payable to an employee under
        section 16 or 17, been paid an amount otherwise than under this Act or
        a section of the Public Service Act 1922 referred to in paragraph (c)
        in respect of a period of employment in a full-time capacity, or in
        respect of a period of employment in a part-time capacity, that is
        included in his period of service for the purposes of this Act, the
        employee shall be deemed to have been granted, on the day on which
        that payment was made to him, such a period of long service leave in
        relation to his full-time service or in relation to his part-time
        service, as the case may be, as is determined by the
        approving authority to be equal to the period of his employment in
        respect of which that payment represented full salary.