South Australian Numbered Acts

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HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 35

35—Superannuation and accrued rights etc

        (1)         An employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988 with respect to a person employed at an incorporated hospital.

        (2)         If a person commences employment by an employing authority at an incorporated hospital after ceasing to be employed—

            (a)         in the Public Service of the State; or

            (b)         by the employing authority or another employing authority at any incorporated hospital; or

            (c)         as a member of the staff of SAAS,

and that employment at the incorporated hospital follows immediately on the cessation of that previous employment, then—

            (d)         the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the employing authority at the incorporated hospital; and

            (e)         the person is not entitled to payment in lieu of those rights.

        (3)         Except where subsection (2) applies, if a person commences employment by an employing authority at an incorporated hospital within 3 months after ceasing to be employed—

            (a)         in the Public Service of the State; or

            (b)         by the employing authority or another employing authority at an incorporated hospital; or

            (c)         as a member of the staff of SAAS; or

            (d)         in prescribed employment,

the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the employing authority and subject to such conditions as may be determined by the employing authority, as if that previous employment had been employment by the employing authority at the hospital.



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