Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 10
insert
(1) Subject to subsection (2), for this Division the Director's ordinary remuneration is the remuneration the Director is entitled to receive for service as the Director.
(2) If the Director has worked in a part-time capacity at any time during a period of service to which an entitlement to long service leave relates, the Director's ordinary remuneration is to be determined on a pro rata basis, based on the hours for which the Director was remunerated during the period of service.
(1) The Director is entitled to 3 calendar months of long service leave after completing 10 years of service.
(2) After completing 10 years of service, the Director is entitled to 9 calendar days of long service leave for each subsequent year of completed service.
(3) The Director may accrue service in a full-time or part-time capacity or in a combination of those capacities.
(4) The Director does not accrue service when the Director is:
(a) on leave without pay; or
(b) absent from work because of an injury for which the Director is receiving workers' compensation payments.
(1) The Director may take long service leave with the approval of the Attorney-General.
(2) The Director may, in respect of an entitlement to long service leave, be granted a period of long service leave that is:
(a) equal to the period of the entitlement and paid the Director's ordinary remuneration during the period of leave; or
(b) twice as long as the period of the entitlement and paid the Director's ordinary remuneration at half pay during the period of leave; or
(c) at least half as long as the period of the entitlement and paid:
(i) during the period of leave – the Director's ordinary remuneration; and
(ii) in respect of the remainder of the entitlement – a lump sum that is equal to the Director's ordinary remuneration that would have been paid to the Director if the entitlement had been taken as leave.
Example for subsection (2)(c)
A Director entitled to 3 months of long service leave may elect to take 2 calendar months of long service leave and be paid a lump sum in lieu of taking the third month of the entitlement as long service leave. The Director is paid the Director's ordinary remuneration during the 2 month period of leave and a lump sum that is equal to the remuneration the Director would have been paid during a third month of long service leave.
(3) During a period of leave mentioned in subsection (2)(b), the Director accrues service and service-based entitlements at half of the ordinary rate of accrual.
Note for subsection (3)
A service-based entitlement may include an entitlement to leave, including recreation or long service leave.
(4) Long service leave may be granted in months and tenths of a month but may not be granted for a period of leave that is less than 7 days.
(5) Weekends, public holidays and other days on which the Director would not have ordinarily been required to work are part of long service leave and do not extend the period of leave.
(6) The Director may not be granted periods of long service leave that are separated by a Saturday, Sunday or public holiday.
(1) The Director is entitled to payment in lieu of long service leave on cessation of employment as follows:
(a) if the Director has completed 10 or more years of service – payment in lieu of the Director's unused entitlement to long service leave at the date of cessation;
(b) if the Director has completed a total of 9 years of service – payment for 67.5 calendar days of long service leave;
(c) if the Director has completed a total of 8 years of service – payment for 45 calendar days of long service leave;
(d) if the Director has completed a total of 7 years of service – payment for 22.5 calendar days of long service leave.
(2) The Director is not entitled to payment in lieu under subsection (1)(b) to (d) if the Director is removed from office under section 8(2)(b).
(3) If the Director dies, the Director's personal representative is entitled to be paid any amount that would have been payable to the Director under this section.
(4) Payment of an entitlement under this section is to be based on the Director's ordinary remuneration.
(1) The Territory must, in respect of each quarter in a year, make a contribution for the benefit of the Director to a complying superannuation fund, complying superannuation scheme or an RSA that is equal to the minimum amount necessary to avoid an individual superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
(2) The contributions must be made in compliance with the choice of fund requirements in Part 3A of the Superannuation Guarantee (Administration) Act 1992 (Cth).
(3) In this section:
"complying superannuation fund", see section 7 of the Superannuation Guarantee (Administration) Act 1992 (Cth).
"complying superannuation scheme", see section 7 of the Superannuation Guarantee (Administration) Act 1992 (Cth).
"quarter "means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
"RSA", see section 8 of the Retirement Savings Accounts Act 1997 (Cth).