Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 122
insert
(1) For this Division, subject to subsection (2), the ICAC's ordinary remuneration is the remuneration the ICAC is entitled to receive for service as the ICAC.
(2) If the ICAC 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 ICAC's ordinary remuneration is to be determined on a pro rata basis, based on the hours for which the ICAC was remunerated during the period of service.
(1) The ICAC is entitled to 3 calendar months of long service leave after completing 10 years of service.
(2) After completing 10 years of service, the ICAC is entitled to 9 calendar days of long service leave for each subsequent year of completed service.
(3) The ICAC may accrue service in a full-time or part-time capacity or in a combination of those capacities.
(4) The ICAC does not accrue service when the ICAC is:
(a) on leave without pay; or
(b) absent from work because of an injury for which the ICAC is receiving workers' compensation payments.
(1) The ICAC may take long service leave with the approval of the ICAC Minister.
(2) The ICAC 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 ICAC's ordinary remuneration during the period of leave; or
(b) twice as long as the period of the entitlement and paid the ICAC'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 ICAC's ordinary remuneration; and
(ii) in respect of the remainder of the entitlement – a lump sum that is equal to the ICAC's ordinary remuneration that would have been paid to the ICAC if the entitlement had been taken as leave.
Example for subsection (2)(c)
An ICAC 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 ICAC is paid the ICAC's ordinary remuneration during the 2 month period of leave and a lump sum that is equal to the remuneration the ICAC would have been paid during a third month of long service leave.
(3) During a period of leave mentioned in subsection (2)(b), the ICAC 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 ICAC would not have ordinarily been required to work are part of long service leave and do not extend the period of leave.
(6) The ICAC may not be granted periods of long service leave that are separated by a Saturday, Sunday or public holiday.
(1) Subject to subsection (2), the ICAC is entitled to payment in lieu of long service leave on cessation of employment as follows:
(a) if the ICAC has completed 10 or more years of service – payment in lieu of the ICAC's unused entitlement to long service leave at the date of cessation;
(b) if the ICAC has completed a total of 9 years of service – payment for 67.5 calendar days of long service leave;
(c) if the ICAC has completed a total of 8 years of service – payment for 45 calendar days of long service leave;
(d) if the ICAC has completed a total of 7 years of service – payment for 22.5 calendar days of long service leave.
(2) The ICAC is not entitled to payment in lieu under subsection (1)(b) to (d) if:
(a) the ICAC's appointment is terminated under section 120(4) following a suspension under section 120(1)(b), (c) or (d); or
(b) the ICAC's appointment ends because a circumstance mentioned in section 118(1)(c) applies in relation to the ICAC.
(3) If the ICAC dies, the ICAC's personal representative is entitled to be paid any amount that would have been payable to the ICAC under this section.
(4) Payment of an entitlement under this section is to be based on the ICAC's ordinary remuneration.