Commonwealth Consolidated Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 - SECT 19

             (1)  Subject to subsection (2), in the application of section 18 to and in relation to an employee:

                     (a)  a reference to a period of long service leave granted to him or her is a reference to a period of long service leave granted to him or her, whether before or after the commencement of this Act, under this Act or otherwise in respect of a period of his or her employment that is included in his or her period of service;

                     (b)  a reference to a period of long service leave granted to him or her in relation to his or her full-time service is a reference to a period of long service leave granted to him or her, whether before or after the commencement of this Act, under this Act or otherwise in respect of a period of employment in a full-time capacity that is included in his or her period of service; and

                     (c)  a reference to a period of long service leave granted to him or her in relation to his or her part-time service is a reference to a period of long service leave granted to him or her, whether before or after the commencement of this Act, under this Act or otherwise in respect of a period of employment in a part-time capacity that is included in his or her period of service.

             (2)  In the application of section 18, to and in relation to an employee:

                     (a)  if the employee has been granted long service leave on half salary under this Act or otherwise in respect of a period of his or her employment included in his or her period of service for the purposes of this Act, the period of that leave shall be deemed to have been a period equal to half that period;

                     (b)  if the approving authority is satisfied that long service leave that was granted to the employee otherwise than under this Act, under any of the Acts repealed by this Act or under the Public Service Act 1922 in respect of a period of employment included in his or her period of service for the purposes of this Act was not granted to him or her on full salary or half salary having regard to the terms and conditions of the employment, the period of that long service leave shall be deemed to have been such a period as is determined by the approving authority to be the period of long service leave that the employee would have been granted in respect of that employment if he or she had been granted long service leave on full salary;

                     (c)  if the employee has been paid an amount under this Act, under any of the Acts repealed by this Act or under section 54C, 73, 74, 75A, 81K or 81V of the Public Service Act 1922 in respect of a period of employment in a full-time capacity, or in respect of a period of employment in a part-time capacity, that is included in his or her period of service for the purposes of this Act, the employee shall be deemed to have been granted, on the day on which that payment was made to him or her, a period of long service leave in relation to his or her full-time service or to his or her part-time service, as the case may be, equal to the period of long service leave on full salary in relation to which that payment was made to him or her; and

                     (d)  if the employee has, in circumstances that are similar to the circumstances in which an amount is payable to an employee under section 16 or 17, been paid an amount otherwise than under this Act or a section of the Public Service Act 1922 referred to in paragraph (c) in respect of a period of employment in a full-time capacity, or in respect of a period of employment in a part-time capacity, that is included in his or her period of service for the purposes of this Act, the employee shall be deemed to have been granted, on the day on which that payment was made to him or her, such a period of long service leave in relation to his or her full-time service or in relation to his or her part-time service, as the case may be, as is determined by the approving authority to be equal to the period of his or her employment in respect of which that payment represented full salary.