New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - SCHEDULE 2

SCHEDULE 2 – Government sector employees extended leave entitlements--recognition of prior government service

(Clause 28)

Part 1 - Preliminary

1 Definitions

In this Schedule:

"Australian Defence Force" includes the armed forces of the Commonwealth, however described.

"Commonwealth or interstate agency" means:

(a) a body that:
(i) is established under an Act of the Commonwealth or another State or Territory, and
(ii) is under the control of a Minister of the Commonwealth or other State or Territory, and
(iii) is part of the public service (however described) of the Commonwealth or other State or Territory, and
(iv) is a body in which persons are employed under conditions substantially equivalent to the conditions under which Public Service employees are employed under the Act, or
(b) a body that is declared to be a Commonwealth or interstate agency for the purposes of this Schedule pursuant to an order under clause 2,
but, subject to paragraph (b), does not include:
(c) a local government authority, or
(d) a university or the governing body of a university, or
(e) a corporation owned by the Commonwealth or another State or Territory, or by the Crown in right of the Commonwealth or another State or Territory, or
(f) a body that is declared not to be a Commonwealth or interstate agency for the purposes of this Schedule pursuant to an order under clause 2.

"continuous" --see clause 3.

"government sector employee" means a person who is employed in a government sector agency.

"immediately follows" --see clause 4.

"recognised service" , in relation to a government sector employee, means service that is recognised service in relation to the employee pursuant to Part 2.

"related government service" means any service in which persons excluded from the Act by section 5 of the Act are employed.

2 Declarations concerning Commonwealth or interstate agencies

(1) The Public Service Commissioner may, by order in writing, declare that a specified body is, or is not, a Commonwealth or interstate agency for the purposes of this Schedule.
(2) An order under this clause:
(a) takes effect on such day as is specified in the order, being a day occurring before, on or after the day on which the order is made, and
(b) may be subject to specified limitations, but not so as to operate to the prejudice of any person who was a government sector employee immediately before the order took effect.
(3) There are to be made publicly available on a website provided and maintained by the Public Service Commissioner:
(a) a list of the names of each body that is declared under this clause to be a Commonwealth or interstate agency, and
(b) a list of the names of each body that is declared under this clause not to be a Commonwealth or interstate agency.
(4) Any declaration by the Commissioner under clause 2 of Schedule 3A to the former Act and having effect immediately before 24 February 2014 is taken to be a declaration by the Commissioner under this clause.

3 Meaning of "continuous"

(1) For the purposes of this Schedule, a person's employment by an employer is
"continuous" in relation to a period if the person remains employed by that employer for the whole of the period.
(2) The person is taken to remain employed by the employer for the whole of any period even if, during that period, the person ceases to be employed by the employer on the grounds of retrenchment or reduction of work but is re-employed by the employer within the next 12 months.

4 Meaning of "immediately follows"

(1) For the purposes of this Schedule, a person's period of employment
"immediately follows" another period of employment if:
(a) the later period commences:
(i) except as provided by subparagraph (ii), within 2 months after the end of the earlier period, or
(ii) if the earlier period comprises full-time war service as a member of the Australian Defence Force, within 12 months after the end of the earlier period, and
(b) the earlier period ends otherwise than by reason of the person's dismissal for disciplinary reasons.
(2) For the purposes of subclause (1) (a) (ii),
"war service" means:
(a) service occurring during, or partly during, a period of war in which the Australian Defence Force is engaged, or
(b) service of a kind referred to in subclause (3).
(3) The following kinds of service are declared to be war service:
(a) war service within the meaning of Division 8 of Part III of the Repatriation Act 1920 of the Commonwealth,
(b) service outside Australia as a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947 of the Commonwealth,
(c) Malayan service within the meaning of the Repatriation (Far East Strategic Reserve) Act 1956 of the Commonwealth,
(d) special service within the meaning of the Repatriation (Special Overseas Service) Act 1962 of the Commonwealth,
as those Acts were in force immediately before their repeal on 22 May 1986.

Part 2 - Recognition of former government service for government sector employees generally

5 Object of Part

The object of this Part is to provide for the recognition of former government service in the calculation of a government sector employee's extended leave entitlement, whether such an entitlement arises:

(a) under Schedule 1 (in the case of a Public Service employee), or
(b) under some other Act or law, such as an award or industrial agreement (in any other case).

6 Recognition of former government service

(1) For the purpose of calculating a government sector employee's extended leave entitlement, the government sector employee's service with his or her current employer is taken to include his or her recognised service.
(2) The person's employment in a government sector agency or a Commonwealth or interstate agency or in a related government service (the
"former agency" ) is
"recognised service" in relation to the person's subsequent employment in a government sector agency (the
"current agency" ) if:
(a) the period of employment in the former agency has been continuous, and
(b) either:
(i) the person's employment in the current agency has immediately followed the person's employment in the former agency, or
(ii) the person is entitled, by law or administrative practice, to have the service in the former agency form part of the service in the current agency for the purpose of calculating the person's extended leave entitlement.
(3) A period of recognised service may not be counted more than once for the purpose of calculating the person's extended leave entitlement.

7 Exclusion of leave already taken, paid or deemed to have been taken

(1) The following amounts of leave are to be deducted from a government sector employee's extended leave entitlement:
(a) the amount of any extended leave taken by the government sector employee in relation to recognised service,
(b) the amount of any extended leave in respect of which the government sector employee has elected to be paid the money value under clause 8 in respect of recognised service,
(c) the amount of any extended leave that the government sector employee is deemed to have taken under clause 9 in respect of recognised service.
(2) For the purposes of subclause (1) (a), the government sector employee is deemed to have taken extended leave if he or she has been paid the money value of that leave.
(3) A period of extended leave is not to be deducted more than once under this clause.

8 Government sector employee may elect to be paid money value of accrued leave if commencing work in another agency

(1) A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency or in a related government agency may elect:
(a) to be paid the whole or part of the money value of the government sector employee's accrued extended leave, or
(b) to retain the entitlement to that accrued extended leave.
(2) This clause does not apply to a Public Service employee who has been paid the money value of his or her accrued extended leave under clause 4 of Schedule 1.
Note : Whichever election the government sector employee makes, his or her service with the current employer will, pursuant to clause 6 of this Schedule, be deemed to include service with the former employer.

9 Employee who has recognised Commonwealth or interstate service and was entitled to take leave in former agency deemed to have taken leave

(1) For the purposes of clause 7 (1) (c), a government sector employee:
(a) whose employment in a government sector agency (the
"current agency" ) immediately follows employment in a Commonwealth or interstate agency (the
"former agency" ), or
(b) who is entitled, by law or administrative practice, to have the service in the former agency form part of the service in the current agency,
and who, at any time during his or her employment in the former agency, has been entitled under the relevant Commonwealth or interstate law to take extended leave or be paid the money value of extended leave is deemed to have taken the leave.
(2) The amount of extended leave that the government sector employee is deemed to have taken is calculated as if:
(a) leave had accrued in relation to his or her service in the former agency at the same rate as leave accrues in relation to his or her service in the current agency, and
(b) the service in the former agency in respect of which leave accrued was the whole of the service recognised by the former agency for the purpose of calculating his or her extended leave entitlement, and
(c) the amount of leave taken before the calculation of the entitlement was nil, and
(d) the money value of leave paid before the calculation of the entitlement was nil.

Part 3 - Additional provisions for former members of Australian Defence Force and for holders of certain statutory offices

10 Recognition of service with Australian Defence Force

For the purposes of this Schedule:

(a) a government sector employee who has previously been employed, on a full-time basis, as a member of the Australian Defence Force is taken to have been employed in a Commonwealth or interstate agency during the period for which he or she was so employed, and
(b) the Australian Defence Force is taken to have been the government sector employee's employer during that period.

11 Recognition of service in certain statutory offices

(1) For the purposes of this Schedule:
(a) a person who:
(i) in relation to a body referred to in the Table to clause 11 of Schedule 3A to the former Act as in force immediately before its repeal, holds or acts in an office specified in that Table, on a full-time basis, and
(ii) has previously been a government sector employee,
is taken to be employed in a government sector agency during the period for which the person holds or acts in that office, and
(b) the body concerned is taken to be the person's employer during that period.
(2) For the purposes of this Schedule:
(a) a government sector employee who, in relation to a body referred to in the Table to clause 11 of Schedule 3A to the former Act as in force immediately before its repeal, has previously held or acted in an office specified in that Table, on a full-time basis, is taken to have been employed in a government sector agency during the period for which he or she held or acted in that office, and
(b) the body concerned is taken to have been the government sector employee's employer during that period.
(3) Without limiting any other law preserving rights to extended leave, a person who, in relation to a body referred to in the Table to clause 11 of Schedule 3A to the former Act as in force immediately before its repeal, holds an office specified in that Table, on a full-time basis, is entitled to have his or her recognised service as a government sector employee recognised as service for the purposes of the law or arrangement that provides for his or her entitlement, as the holder of the office, to extended leave.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback