South Australian Numbered Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019 (NO 19 OF 2019) - SECT 110

110—Interruption of service where officer leaves teaching service

        (1)         If an officer of the teaching service retires or retired from employment under this Act or a repealed Act on the ground of invalidity and is, or was, subsequently reappointed as an officer, their service before retirement and service after reappointment will, for the purposes of this Division, be taken into account as though that service were continuous.

        (2)         If the service of an officer of the teaching service was interrupted other than by resignation or termination for misconduct and the officer is, or was, subsequently reappointed as an officer within 2 years after the date of that interruption, the officer's service before the interruption and service after the interruption will, for the purposes of this Division be taken into account as though that service were continuous.

        (3)         Subsections (1)

and (2)

apply to a retirement or interruption whether occurring before or after the commencement of this section.

        (4)         However, subsections (1)

and (2)

do not apply to the extent to which the officer has taken long service leave, or received payment in lieu of long service leave, in respect of any period of service.

        (5)         If the service of an officer of the teaching service was interrupted other than by resignation or termination for misconduct for a period exceeding 2 years, the Chief Executive may grant a certificate under this section (and, if a certificate is issued, the service of the officer will be regarded as continuous despite the interruption, but the period of the interruption will not be taken into account in determining the period of the officer's service).

        (6)         This section does not apply in relation to an officer of the teaching service to whom section 111

applies.

        (7)         This section does not apply in relation to an interruption in service occurring while an officer of the teaching service is employed in prescribed employment.

        (8)         In this section—

"prescribed employment" means—

            (a)         employment in the Public Service of the Commonwealth; or

            (b)         employment in the Public Service of this State; or

            (c)         employment in the public sector of this State other than in the Public Service; or

            (d)         employment in the Public Service of any other State or Territory of the Commonwealth; or

            (e)         employment by a university; or

            (f)         employment by a college (within the meaning of the Technical and Further Education Act 1975

); or

            (g)         any other employment approved by the Minister.