Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

''approving authority'' means-

   (a)  in relation to a person who is, or was at the time of his ceasing to
        be an employee whether by reason of death or otherwise, employed in
        the Department of the Senate-the President of the Senate;

   (b)  in relation to a person who is, or was at the time of his ceasing to
        be an employee whether by reason of death or otherwise, employed in
        the Department of the House of Representatives-the Speaker of the
        House of Representatives;

   (c)  in relation to a person who is, or was at the time of his ceasing to
        be an employee whether by reason of death or otherwise, employed in
        the Department of the Parliamentary Library, the Department of the
        Parliamentary Reporting Staff or the Joint House Department-the
        President of the Senate and the Speaker of the House of
        Representatives;

   (d)  in relation to a person who is, or was at the time of his ceasing to
        be an employee whether by reason of death or otherwise, the holder of
        an office or appointment, being an office or appointment to which this
        paragraph applies or applied by virtue of sub-section (8)-the person
        authorized to grant leave to the holder of the office or appointment
        by the law establishing the office or providing for the making of the
        appointment; or

   (e)  in relation to any other person-the Public Service Board;

''category A employee'' means-

   (a)  an employee the whole of whose employment that counts as employment in
        a qualifying service for the purposes of this Act has been employment
        in a full-time capacity; or

   (b)  an employee the whole of whose employment that counts as employment in
        a qualifying service for the purposes of this Act has been employment
        in a part-time capacity;

''category B employee'' means an employee other than a category A employee;

''employee'' means a person who is to be taken, by virtue of section 10, to be
employed in Government Service for the purposes of this Act;

''leave'' means leave of absence;

''long service leave'' includes long leave, furlough, extended leave and any
other leave in the nature of long service leave (howsoever referred to);

''officer'' has the same meaning as in the Public Service Act 1922;

''public authority of the Commonwealth'' means an authority established or
constituted by or under a law of the Commonwealth or of an internal Territory;

''retrenchment'', in relation to an employee, means the compulsory termination
of the service of the employee for the reason that-

   (a)  his service or position is not necessary;

   (b)  the work for which he was engaged is finished; or

   (c)  a reduction in the number of employees is necessary because the
        quantity of work has diminished.

(2) Subject to section 13, a reference in this Act to employment in a
qualifying service is a reference to employment in Government Service or in a
service referred to in sub-section 11 (2).

(3) For the purposes of references in this Act to a number of months (other
than a reference to a number of completed months), the number of months shall
be taken to be, where appropriate, a whole number and a fraction.

(4) For the purposes of references in this Act to a number of years (other
than a reference to a number of completed years), the number of years shall be
taken to be, where appropriate, a whole number and a fraction.

(5) For the purposes of this Act, a member of the Defence Force shall be
deemed to be employed in the Defence Force, and, in the case of a member not
engaged on full-time service, shall be deemed to be so employed while he is
performing his duties as such a member.

(6) A reference in this Act to a person who is employed by, remunerated by, in
the service of, on loan to or appointed or engaged by the Commonwealth shall
be read as including a reference to a person who is employed by, remunerated
by, in the service of, on loan to or appointed or engaged by-

   (a)  a public authority of the Commonwealth; or

   (b)  a body (not being a public authority of the Commonwealth) established
        by or under a law of the Commonwealth or of an internal Territory that
        is declared by the regulations to be a body to which this sub-section
        applies.

(7) For the purposes of this Act-

   (a)  a member of the Police Force of the Australian Capital Territory shall
        be deemed to be employed in Government Service; and

   (b)  a member of the Police Force of the Northern Territory shall be deemed
        to be employed in the Public Service of that Territory.

(8) Where-

   (a)  a provision of a law of the Commonwealth or of an internal Territory
        authorizes, whether expressly or otherwise, the Governor-General or a
        Minister to grant leave of absence to the holder of an office
        established by, or of an appointment made under, that law; and

   (b)  the holder of the office or appointment is, for the purposes of this
        Act, to be taken to be employed in Government Service by reason of
        holding the office or appointment, the office is an office, or the
        appointment is an appointment, as the case may
be, to which paragraph (d) of the definition of ''approving authority'' in
sub-section (1) applies.

(9) For the purposes of this Act, the minimum retiring age of an employee is-

   (a)  in the case of an employee who is an officer-

        (i)    subject to sub-paragraph (ii)-the age upon the attainment of
               which the officer is, under section 85 of the Public Service
               Act 1922, required to retire from the Australian Public
               Service; or

        (ii)   if, under that section, he may retire from the Australian
               Public Service by reason only of his having attained an age
               that is less than the age upon the attainment of which he is so
               required to retire from the Australian Public Service-that
               lesser age;

   (b)  in the case of an employee who is employed under the Public Service
        Act 1922 otherwise than as an officer-

        (i)    subject to sub-paragraph (ii)-the age of 60 years; or

        (ii)   if the Public Service Board has, for the purposes of this Act,
               fixed an age less than 60 years of age as the minimum retiring
               age in respect of a class of employees in which the employee is
               included-the age so fixed;

   (c)  in the case of an employee who is employed by a
        public authority of the Commonwealth otherwise than in a permanent
        capacity-

        (i)    subject to sub-paragraph (ii)-the age of 60 years; or

        (ii)   if the public authority has, for the purposes of this Act,
               fixed an age less than 60 years of age as the minimum retiring
               age in respect of a class of employees in which the employee is
               included-the age so fixed; or

   (d)  in the case of any other employee-

        (i)    if, under the terms and conditions of his employment, an age
               that is less than 60 years of age is fixed as the age upon the
               attainment of which he is required to retire from his
               employment and no other age is fixed as the age upon the
               attainment of which he may retire from his employment-the age
               fixed as the age upon the attainment of which he is required to
               retire from his employment;

        (ii)   if, under the terms and conditions of his employment, an age
               that is less than 60 years of age is fixed as the age upon the
               attainment of which he may retire from his employment and the
               age so fixed is less than the age fixed as the age upon the
               attainment of which he is required to retire from his
               employment or no age is fixed as the age upon the attainment of
               which he is required to retire from his employment-the age
               fixed as the age upon the attainment of which he may retire
               from his employment; or

        (iii)  if sub-paragraph (i) or (ii) does not apply in relation to the
               employee-the age of 60 years.