New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 81

81 Payment of money value of leave not taken or completed

(1) Where an officer of the Teaching Service has acquired a right under section 79 to extended leave with pay and dies before entering upon it, or after entering upon it dies before its termination:

(a) the spouse of the officer,

(b) if there is no such spouse, the children of the officer, or

(c) if there is no such spouse or children, the person who, in the opinion of the Secretary, was, at the time of the death of the officer, a dependent relative of the officer,

is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the officer received at the time of his or her death less any amount paid to the officer in respect of the leave not taken, or not completed.

(2) Where an officer of the Teaching Service with at least 5 years' service and less than 10 years' service as referred to in section 79 (3) dies:

(a) the spouse of the officer,

(b) if there is no such spouse, the children of the officer, or

(c) if there is no such spouse or children, the person who, in the opinion of the Secretary, was, at the time of the death of the officer, a dependent relative of the officer,

is entitled to receive the money value of the leave which would have accrued to the officer had his or her services terminated as referred to in section 79 (3), computed at the rate of salary that the officer received at the time of his or her death.

(3) Where there is a guardian of any children entitled under subsection (1) or (2), the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

(4) Where there is no person entitled under subsection (1) or (2) to receive the money value of any leave not taken or not completed by an officer or which would have accrued to an officer, payment in respect thereof shall be made to the personal representatives of the officer.

(4A) If it appears to the Secretary that more than one person is entitled as a spouse to payment of the money value of leave under this section, the Secretary must pay the amount to the deceased officer's personal representatives.

(5) Any payment under this section shall be in addition to any payment under the Superannuation Act 1916 .

(6) Where payment of the money value of leave has been made under this Act, no proceedings may be brought against the Crown or the Secretary for payment of any amount in respect of that leave.

(7) In this section,
"spouse" of an officer includes a de facto partner of the officer at the time of his or her death.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .