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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Sector Employment and
Management Amendment (Extended
Leave) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Public Sector Employment and
Management Act 2002 No 43 2
4 Amendment of other Acts and regulations 2
5 Repeals 2
Schedule 1 Amendment of Public Sector Employment and
Management Act 2002 3
Schedule 2 Amendment of other Acts and regulations 19
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Public Sector Employment and
Management Amendment (Extended
Leave) Bill 2005
Act No , 2005
An Act to amend the Public Sector Employment and Management Act 2002 with
respect to extended leave and other employment benefits; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Public Sector Employment and Management Amendment (Extended
Clause 1 Leave) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Public Sector Employment and Management
Amendment (Extended Leave) Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Public Sector Employment and Management Act 2002
No 43
The Public Sector Employment and Management Act 2002 is amended
as set out in Schedule 1.
4 Amendment of other Acts and regulations
The Acts and regulations specified in Schedule 2 are amended as set out
in that Schedule.
5 Repeals
(1) The Transferred Officers Extended Leave Act 1961 is repealed.
(2) The Transferred Officers Extended Leave Regulation 1998 is repealed.
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Public Sector Employment and Management Amendment (Extended
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Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Schedule 1 Amendment of Public Sector
Employment and Management Act 2002
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
extended leave includes leave in the nature of extended leave.
[2] Section 94
Omit the section. Insert instead:
94 Recognition of prior government service for purpose of
calculating extended leave
Schedule 3A has effect in relation to employees.
[3] Section 95 Annual leave
Insert at the end of section 95 (1):
Note. For example, such an election may not be made by an officer who
merely moves between different Departments of the Public Service.
[4] Schedules 3 and 3A
Omit Schedule 3. Insert instead:
Schedule 3 Extended leave entitlements for
officers and temporary employees
(Section 55)
1 Definition of "service"
(1) For the purposes of this Schedule, service includes:
(a) in the case of an officer or temporary employee who has
completed at least 10 years' service--any period of leave
without pay, not exceeding 6 months, taken after
13 December 1963, and
(b) service occurring before the commencement of this
Schedule, including service of the kind referred to in
paragraph (a).
Note. See also Schedule 3A as to the recognition of former service with
certain Government agencies.
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(2) Subject to clauses 2 (3) and 3 (3), for the purpose of determining
whether or not an officer or temporary employee has completed
at least 10 years' service, as referred to in subclause (1) (a), the
officer's or temporary employee's period of service is taken:
(a) to include any period of leave without pay taken before
13 December 1963, and
(b) to exclude any period of leave without pay taken after
13 December 1963.
Note. 13 December 1963 was the date of assent to the Public Service
and Other Statutory Bodies (Extended Leave) Amendment Act 1963.
2 Leave entitlements generally
(1) After service for 7 years or more but not more than 10 years, an
officer or temporary employee is entitled to extended leave,
proportionate to his or her length of service, calculated at the rate
of:
(a) 2 months on full pay, or
(b) 4 months on half pay, or
(c) one month on double pay,
for 10 years served.
(2) After service for more than 10 years, an officer or temporary
employee is entitled to extended leave under subclause (1) in
respect of the first 10 years and additional extended leave,
proportionate to his or her length of service, calculated at the rate
of:
(a) 5 months on full pay, or
(b) 10 months on half pay, or
(c) 2.5 months on double pay,
for each 10 years served after the first 10 years.
(3) For the purposes of this clause, service includes any period of
leave without pay taken before 13 December 1963.
3 Entitlement to leave if employment terminated in special
circumstances
(1) This clause applies to an officer or temporary employee with at
least 5 years' service but less than 7 years' service whose services
are terminated:
(a) by the officer or temporary employee, for reasons of
illness, incapacity or domestic or other pressing necessity,
or
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(b) by the Crown, the Governor or the appropriate Department
Head, for reasons other than the officer's or temporary
employee's serious and intentional misconduct.
(2) The officer or temporary employee is entitled to:
(a) for 5 years' service, one month's leave on full pay, and
(b) for further service in excess of 5 years, additional leave
proportionate to the officer's or temporary employee's
length of service (up to but not including 7 years),
calculated at the rate of 3 months' leave for 15 years'
service.
(3) For the purposes of this clause, service does not include any
period of leave without pay, whether taken before, on or after
13 December 1963.
4 Payment of accrued leave on termination of employment
(1) If an officer or temporary employee has acquired a right to
extended leave and his or her services are terminated, the officer
or temporary employee may not take the extended leave but is
instead to be paid the money value of the extended leave.
(2) Any pension to which any such officer or temporary employee is
entitled under the Superannuation Act 1916 commences from
and including the date on which the officer's or temporary
employee's extended leave, if taken, would have commenced.
5 Leave to be paid out to dependants in cases of death
(1) If an officer or temporary employee has acquired a right to
extended leave and dies before starting it, or after starting it dies
before completing it:
(a) the officer's or temporary employee's spouse, or
(b) if there is no such spouse, the officer's or temporary
employee's children, or
(c) if there is no such spouse or child, the person who, in the
opinion of the appropriate Department Head, was, at the
time of the officer's or temporary employee's death, a
dependent relative of the officer or temporary employee,
is entitled to receive the money value of the extended leave not
taken or not completed.
(2) If an officer or temporary employee with at least 5 years' service
but less than 7 years' service dies:
(a) the officer's or temporary employee's spouse, or
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Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(b) if there is no such spouse, the officer's or temporary
employee's children, or
(c) if there is no such spouse or child, the person who, in the
opinion of the appropriate Department Head, was, at the
time of the officer's or temporary employee's death, a
dependent relative of the officer or temporary employee,
is entitled to receive the money value of the extended leave that
would have accrued to the officer or temporary employee had his
or her services terminated as referred to in clause 3 (1).
(3) If there is a guardian of any child referred to in subclause (1) (b)
or (2) (b), the payment to which the child is entitled may be made
to the child's guardian for the child's maintenance, education and
advancement.
(4) If:
(a) no person is entitled to receive a payment under subclause
(1) or (2), or
(b) it appears to the appropriate Department Head that more
than one person is entitled as a spouse to a payment under
subclause (1) or (2),
the payment must instead be made to the officer's or temporary
employee's personal representatives.
(5) Any payment under this clause is in addition to any payment due
under any Act under which superannuation benefits are paid.
(6) In this clause, spouse of an officer or temporary employee
includes a person with whom the officer or temporary employee
had a de facto relationship (within the meaning of the Property
(Relationships) Act 1984) at the time of his or her death.
6 Calculation of money value of extended leave
For the purpose of calculating the amount of an entitlement under
this Schedule, the money value of extended leave accrued or
payable to a chief executive officer or senior executive officer is
to be determined on the basis of the officer's notional salary
within the meaning of section 95.
7 Certain periods to be disregarded
Any period during which an officer or temporary employee is not
employed, as referred to in clause 3 (2) of Schedule 3A, is to be
disregarded for the purpose of calculating his or her extended
leave entitlement.
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Amendment of Public Sector Employment and Management Act 2002 Schedule 1
8 Leave entitlement reduced by leave already taken or paid out
(1) The following amounts of extended leave are to be deducted from
an officer's or temporary employee's extended leave entitlement:
(a) for each period of extended leave taken on full pay--the
number of days (or parts of a day) so taken,
(b) for each period of extended leave taken on half pay--half
the number of days (or parts of a day) so taken,
(c) for each period of extended leave taken on double pay--
twice the number of days (or parts of a day) so taken,
(d) for each period of extended leave in respect of which the
officer or temporary employee has been paid the money
value--the number of days of extended leave on full pay
that is equivalent to the money paid.
(2) If a public holiday occurs while an officer or temporary employee
is taking extended leave, the amount of extended leave to be
deducted is to be reduced by the length of the holiday (one day or
half a day, as the case may be).
(3) In subclause (2), public holiday means any special or public
holiday for which the officer or temporary employee is entitled to
payment.
9 Extended leave may be postponed for temporary employees
If the period of extended leave to which a temporary employee is
entitled under this Schedule exceeds the period for which the
employee is employed under this Act, the balance of the period
of extended leave may be taken during subsequent periods of
employment in the Public Service, but only if each subsequent
period of employment commences on the termination of a
previous period of employment in the Public Service.
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Schedule 1 Amendment of Public Sector Employment and Management Act 2002
Schedule 3A Recognition of prior government
service for public sector employees
extended leave entitlements
(Section 94)
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 officers are employed under this 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 is defined in clause 3.
immediately follows is defined in clause 4.
judicial officer has the meaning it has in the Judicial Officers Act
1986.
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public sector agency has the same meaning as public sector
service.
public sector employee means a person who is employed in a
public sector agency.
recognised service, in relation to a public sector employee,
means service that is recognised service in relation to the
employee pursuant to Part 2.
2 Declarations concerning Commonwealth or interstate agencies
(1) The Director-General of the Premier's Department 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 public
sector employee immediately before the order took effect.
(3) There are to be made publicly available at the offices of the
Premier's Department:
(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.
3 Definition 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 Definition of "immediately follows"
(1) For the purposes of this Schedule, a person's period of
employment immediately follows another period of employment
if:
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(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 declared by the regulations to be war
service for the purposes of this clause.
Part 2 Recognition of former government service
for public 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 public sector
employee's extended leave entitlement, whether such an
entitlement arises:
(a) under Schedule 3 (in the case of an officer or temporary
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 public sector employee's
extended leave entitlement, the public 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 public sector agency or a
Commonwealth or interstate agency (the former agency) is
recognised service in relation to the person's subsequent
employment in a public sector agency (the current agency) if:
(a) the period of employment in the former agency has been
continuous, and
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(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 Leave already taken, paid or deemed to have been taken excluded
(1) The following amounts of leave are to be deducted from a public
sector employee's extended leave entitlement:
(a) the amount of any extended leave taken by the public
sector employee in relation to recognised service,
(b) the amount of any extended leave in respect of which the
public 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 public sector
employee is deemed to have taken under clause 9 in
respect of recognised service.
(2) For the purposes of subclause (1) (a), the public 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 Public sector employee may elect to be paid money value of
accrued leave if former employer a public sector agency (cf s 95)
(1) A public sector employee who ceases to be employed in a public
sector agency (the prior employment) and immediately
commences employment in another public sector agency (the
current employment) may elect:
(a) to be paid the money value of the public sector employee's
accrued extended leave, or
(b) to retain the entitlement to that accrued extended leave.
Note. For example, such an election may not be made by an officer who
merely moves between different Departments of the Public Service.
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Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(2) This clause does not apply to an officer or temporary employee
who has been paid the money value of his or her accrued
extended leave under clause 4 of Schedule 3.
Note. Whichever election the public sector employee makes, his or her
service with the current employer will, pursuant to clause 6, be deemed
to include service with the former employer.
9 Employee who has recognised 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 public sector employee:
(a) whose employment in a public 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 public 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.
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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 public 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
public 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 this
clause, holds or acts in an office specified in that
Table, on a full-time basis, and
(ii) has previously been a public sector employee,
is taken to be employed in a public 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 public sector employee who, in relation to a body
referred to in the Table to this clause, 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 public 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 public 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 this clause, holds an office specified in that Table, on a
full-time basis, is entitled to have his or her recognised service as
a public sector employee recognised as service for the purposes
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of the law or arrangement that provides for his or her entitlement,
as the holder of the office, to extended leave.
Table
Administrative Decisions Tribunal of New South Wales
Deputy President (not being a judicial officer)
Non-presidential judicial member (not being a judicial officer)
Non-judicial member
Assessor
Consumer, Trader and Tenancy Tribunal of New South
Wales
Deputy Chairperson
Member
Government and Related Employees Appeal Tribunal
Senior Chairperson
Chairperson
Industrial Relations Commission of New South Wales
Member
Police Integrity Commission
Commissioner
Inspector
Transport Appeal Boards
Chairperson
Workers Compensation Commission of New South Wales
Deputy President (not being a judicial officer)
Registrar
Arbitrator
[5] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Public Sector Employment and Management Amendment
(Extended Leave) Act 2005
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Amendment of Public Sector Employment and Management Act 2002 Schedule 1
[6] Schedule 4, Part 3
Insert after clause 12:
Part 3 Provisions consequent on enactment of
Public Sector Employment and
Management Amendment (Extended
Leave) Act 2005
13 Interpretation
(1) In this Part:
the amending Act means the Public Sector Employment and
Management Amendment (Extended Leave) Act 2005.
the repealed Act means the Transferred Officers Extended Leave
Act 1961.
(2) Without limiting section 68 (3) of the Interpretation Act 1987, a
reference in this Part to an award or enterprise agreement extends
to the award or enterprise agreement (if any) that is the
replacement, for the time being, for the award or enterprise
agreement.
14 Section 30 of the Interpretation Act 1987 unaffected
Nothing in this Part limits the effect of section 30 of the
Interpretation Act 1987.
15 Validation of matters relating to extended leave
(1) Anything that was done or omitted during the validation period,
and that would have been valid had the amending Act been in
force during that period, is taken to have been validly done or
omitted.
(2) In this clause, validation period means the period beginning on
1 January 2005 and ending on the commencement of
Schedule 1 [4] to the amending Act.
16 Certain classes of persons to whom certain amendments do not
apply
(1) In its application to the persons or classes of persons listed in the
Table to this clause, Schedule 3, as substituted by the amending
Act, applies with the following modifications:
(a) a reference in clause 2 (1) of Schedule 3 to "7 years or
more but not more than 10 years" is to be read as a
reference to "10 years",
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(b) a reference in clauses 3 (1) and (2) (b) and 5 (2) of
Schedule 3 to "7" is to be read as a reference to "10",
(c) clauses 2 (1) (c) and (2) (c) and 8 (1) (c) and (2) of
Schedule 3 do not have effect.
(2) The Governor may, by proclamation, omit any of the items to the
Table to this clause except for item 15.
Table
1 officers covered by the Australian Music Examinations Board
(New South Wales) Examiners, Assessors and Advisers
Employed by the Office of the Board of Studies Award,
2 officers covered by the Crown Employees (Centennial Park and
Moore Park Trust Building and Mechanical Services Staff
2001) Award,
3 officers covered by the Crown Employees (Education
Employees Department of Corrective Services) Consent Award
2002,
4 officers covered by the Crown Employees (National Art School,
Academic Staff) Salaries and Conditions Award 2004,
5 officers covered by the Crown Employees (Office of the Board
of Studies--Education Officers) Salaries and Conditions
Award,
6 officers covered by the Crown Employees (Public Service
Training Wage) Award 2002,
7 officers covered by the Crown Employees (Royal Botanic
Gardens, Building and Mechanical Trades Staff) Award
20002001,
8 officers covered by the Earthmoving Operators (Department of
Land and Water Conservation) 2001 Award,
9 officers covered by the Forestry Commission of New South
Wales (Trading as State Forests of New South Wales) Fieldwork
(And Other) Staff Award,
10 officers covered by the Higher School Certificate and School
Certificate Marking and Related Casual Employees Rates of
Pay and Conditions Award,
11 officers covered by the NSW Adult Migrant English Service
Crown Employees (Teachers and Related Employees) Award
2004,
12 officers covered by the Restaurants, &c., Employees (State)
Award,
13 officers covered by the Shop Employees (State) Award,
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14 officers covered by the Skilled Trades Staff--Department of
Ageing, Disability and Home Care (State) Award 2001,
15 any persons or class of persons prescribed by the regulations for
the purposes of this clause.
17 Certain references to Schedule 3
(1) In its application for the purposes of the Acts and instruments set
out in the Table to this clause, Schedule 3, as substituted by the
amending Act, applies with the following modifications unless
the contrary intention appears:
(a) a reference in clause 2 (1) of Schedule 3 to "7 years or
more but not more than 10 years" is to be read as a
reference to "10 years",
(b) a reference in clauses 3 (1) and (2) (b) and 5 (2) of
Schedule 3 to "7" is to be read as a reference to "10",
(c) clauses 2 (1) (c) and (2) (c) and 8 (1) (c) and (2) of
Schedule 3 do not have effect.
(2) The Governor may, by proclamation, omit any of the items to the
Table to this clause except for item 18.
Table
1 the Technical and Further Education Commission Act 1990 but
only to the extent to which that Act applies to persons covered
by the Crown Employees (Teachers in Schools and TAFE and
Related Employees) Salaries and Conditions Award 2004,
2 the Bradfield College (Department of Education and Training)
Salaries and Conditions Award,
3 the Canteen, &c. Workers (State) Award,
4 the Caterers Employees (State) Award,
5 the Clothing Trades (State) Award,
6 the Crown Employees (Institute Managers in TAFE) Salaries
and Conditions Award,
7 the Crown Employees (Public Service Training Wage) Award
2002,
8 the Hairdressers', &c. (State) Award,
9 the Lidcombe Castlereagh Waste Management Centre
Enterprise Award--1997,
10 the Miscellaneous Workers'--Kindergartens and Child Care
Centres, &c. (State) Award,
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Schedule 1 Amendment of Public Sector Employment and Management Act 2002
11 the Miscellaneous Workers' Kindergartens and Child Care
Centres (State) Training Wage Award,
12 the Motels, Accommodation and Resorts, &c. (State) Award,
13 the New South Wales TAFE Commission Teachers (TAFE
Children's Centres) Salaries and Conditions Award,
14 the Restaurants, &c., Employees (State) Award,
15 the Shop Employees (State) Award,
16 the Waste Recycling and Processing Corporation (Salaries and
Conditions of Employment 2002) Award,
17 the TAFE NSW Riverina Institute National Aerospace Training
Centre of Excellence (NATCOE) Enterprise Agreement 2004
EA04/324,
18 an Act or instrument prescribed by the regulations for the
purposes of this clause.
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Public Sector Employment and Management Amendment (Extended
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Amendment of other Acts and regulations Schedule 2
Schedule 2 Amendment of other Acts and
regulations
(Section 4)
2.1 Police Integrity Commission Regulation 2001
Clause 5 Leave entitlements for non-Public Service staff of PIC and PIC
Inspector
Omit "clause 1" from clause 5 (2) (a). Insert instead "clause 2".
2.2 Police Regulation 2000
[1] Clause 69 Entitlement to extended leave
Omit "the Transferred Officers Extended Leave Act 1961" from clause
69 (2) (d).
Insert instead "Schedule 3A to the Public Sector Employment and
Management Act 2002".
[2] Clause 69 (3)
Omit "section 3 (7) of the Transferred Officers Extended Leave Act 1961".
Insert instead "clause 7 of Schedule 3A to the Public Sector Employment and
Management Act 2002".
2.3 Police Regulation (Superannuation) Act 1906 No 28
[1] Section 1 Name of Act, commencement and definitions
Insert after paragraph (a) (vii) of the definition of salary of office in
section 1 (2):
or
(viii) in respect of any period during which the member
takes extended leave (or leave in the nature of
extended leave) otherwise than on full pay, such part
of the remuneration received by the member as
exceeds the salary of office (within the meaning of
this definition) that he or she would have received
had he or she taken leave on full pay,
Page 19
Public Sector Employment and Management Amendment (Extended
Leave) Bill 2005
Schedule 2 Amendment of other Acts and regulations
[2] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Public Sector Employment and Management Amendment
(Extended Leave) Act 2005 (but only to the extent that it
amends this Act)
2.4 State Authorities Non-contributory Superannuation Act
1987 No 212
[1] Section 4 Salary
Insert after section 4 (2) (e):
(e1) in respect of any period during which the employee takes
extended leave (or leave in the nature of extended leave)
otherwise than on full pay, such part of the remuneration
received by the employee as exceeds the salary (within the
meaning of subsection (1)) that he or she would have
received had he or she taken leave on full pay,
[2] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Public Sector Employment and Management Amendment
(Extended Leave) Act 2005 (but only to the extent that it
amends this Act)
2.5 State Authorities Superannuation Act 1987 No 211
[1] Section 4 Salary
Insert after section 4 (2) (e):
(e1) in respect of any period during which the contributor takes
extended leave (or leave in the nature of extended leave)
otherwise than on full pay, such part of the remuneration
received by the contributor as exceeds the salary (within
the meaning of subsection (1)) that he or she would have
received had he or she taken leave on full pay,
[2] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Public Sector Employment and Management Amendment
(Extended Leave) Act 2005 (but only to the extent that it
amends this Act)
Page 20
Public Sector Employment and Management Amendment (Extended
Leave) Bill 2005
Amendment of other Acts and regulations Schedule 2
2.6 Superannuation Act 1916 No 28
[1] Section 3A Salary
Insert after section 3A (2) (e):
(e1) in respect of any period during which the contributor takes
extended leave (or leave in the nature of extended leave)
otherwise than on full pay, such part of the remuneration
received by the contributor as exceeds the salary (within
the meaning of subsection (1)) that he or she would have
received had he or she taken leave on full pay,
[2] Schedule 25 Savings and transitional provisions
Insert at the end of clause 1 (1):
Public Sector Employment and Management Amendment
(Extended Leave) Act 2005 (but only to the extent that it
amends this Act)
2.7 Sydney Water Act 1994 No 88
[1] Section 96 Provisions relating to certain staff
Omit "the Transferred Officers Extended Leave Act 1961" from section 96 (2).
Insert instead "Schedule 3A to the Public Sector Employment and
Management Act 2002".
[2] Section 96 (3)
Omit "The Transferred Officers Extended Leave Act 1961".
Insert instead "Schedule 3A to the Public Sector Employment and
Management Act 2002".
2.8 Teaching Service Act 1980 No 23
[1] Section 79 Leave of absence after years of service
Omit "the Transferred Officers Extended Leave Act 1961" from section
79 (2) (c).
Insert instead "Schedule 3A to the Public Sector Employment and
Management Act 2002".
Page 21
Public Sector Employment and Management Amendment (Extended
Leave) Bill 2005
Schedule 2 Amendment of other Acts and regulations
[2] Section 79 (2)
Omit "section 3 (7) of the Transferred Officers Extended Leave Act 1961".
Insert instead "clause 7 of Schedule 3A to the Public Sector Employment and
Management Act 2002".
2.9 Transport Administration Act 1988 No 109
[1] Schedule 5 Extended leave for staff of each Authority and the
Independent Transport Safety and Reliability Regulator
Omit "the Transferred Officers Extended Leave Act 1961" from clause
3 (2) (c) of Schedule 5.
Insert instead "Schedule 3A to the Public Sector Employment and
Management Act 2002".
[2] Schedule 5, clause 3 (3)
Omit "section 3 (7) of the Transferred Officers Extended Leave Act 1961".
Insert instead "clause 7 of Schedule 3A to the Public Sector Employment and
Management Act 2002".
Page 22
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