Commonwealth Numbered Acts

PUBLIC SERVICE ARBITRATION AMENDMENT ACT 1978 No. 93, 1978 - SECT 4

4. Section 12D of the Principal Act is amended-

   (a)  by omitting from paragraph (a) of sub-section (2) the word ''or''
        (last occurring);

   (b)  by adding at the end of sub-section (2) the following word and
        paragraph:

''or (c) orders authorizing the standing down of officers or employees
(whether members of an organization or not) who are concerned in or affected
by, or are likely to be concerned in or affected by, the industrial
situation.''; and

   (c)  by inserting after sub-section (2) the following sub-sections:

''(2A) Where an officer or employee has been stood down under an order made by
virtue of paragraph (c) of sub-section (2), he is not entitled, in respect of
the stand-down period, to-

   (a)  any salary, wages or other remuneration;

   (b)  any allowances of a kind that are to be included in salary for the
        purposes of, or of any provision of, the
        Long Service Leave (Commonwealth  Employees) Act 1976 ; or

   (c)  any other allowances of a prescribed kind.

''(2B) Where an officer or employee has been stood down, under an order made
by virtue of paragraph (c) of sub-section (2), from his employment in a
qualifying service, within the meaning of the
Long Service Leave (Commonwealth  Employees) Act 1976 , then, for the purposes
of that Act, the continuity of that employment of the officer or employee
shall be deemed not to be, or to have been, broken by that stand-down period
but the officer or employee shall be deemed not to be, or to have been,
employed in that service during that stand-down period.

''(2C) Where an officer or employee has been stood down under an order made by
virtue of paragraph (c) of sub-section (2)-

   (a)  any recreation leave credit or sick leave credit that is a relevant
        credit in relation to the stand-down period; or

   (b)  where that credit is required to be reduced in accordance with any
        other law-that credit as so reduced,

shall be reduced, or further reduced, by a period equal to-

   (c)  where the officer or employee was an officer or employee, as the case
        may be, for the whole of the relevant period in relation to that
        credit-

        (i)    the prescribed fraction of the period of that credit; or

        (ii)   where that credit is required to be reduced in accordance with
               any other law-the prescribed fraction of the period of that
               credit before it is so reduced; or

   (d)  in any other case-the prescribed fraction of the period that that
        credit would have been if the officer or employee had been an officer
        or employee, as the case may be, for the whole of the relevant period
        in relation to that credit and that credit was not required to be
        reduced in accordance with any other law,

for each working day, or part of a working day, in the stand-down period
(excluding any part of that period that is not included in the relevant period
in relation to that credit).

''(2D) For the purposes of the application of sub-section (2C) in relation to
an officer or employee who has been stood down as mentioned in that
sub-section-

   (a)  each of the following recreation leave credits or sick leave credits
        is a relevant credit in relation to the stand-down period:

        (i)    any recreation leave credit or sick leave credit that, but for
               sub-section (2C), would accrue to the officer or employee
               concerned during (but not on first day of) the stand-down
               period;

        (ii)   the first recreation leave credit and the first sick leave
               credit that, but for sub-section (2C), would accrue to the
               officer or employee concerned after the expiration of the
               stand-down period;

   (b)  the relevant period, in relation to a recreation leave credit or a
        sick leave credit, is the period of 12 months ending on the day
        immediately before the day of accrual of that credit; and

   (c)  the prescribed fraction, in relation to an officer or employee, is-

        (i)    where the officer or employee works a five-
1
                          day week-     ---; or

261

1
        (ii)              in any other case-    ---.

313

''(2E) An order made by virtue of paragraph (c) of sub-section (2) authorizing
the standing down of officers or employees may include directions not
inconsistent with sub-sections (2A), (2B) or (2C) that, for any purpose
relating to their conditions of employment as officers or employees that is
specified in the order, the stand-down period is not to be taken into account,
or is to be taken into account as provided in the order, and any directions so
given, unless varied or revoked by another order, have effect notwithstanding
any law, or any determination, that is inconsistent with the directions.''.
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