New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 5

SCHEDULE 5 – Extended leave for certain staff

1 Application

This Schedule applies to all members of the staff of an Authority.

2 Definitions

In this Schedule:
"Authority" means any of the following:

(a) RailCorp,

(b) RMS,

(c) State Transit Authority,

(d) Sydney Ferries,

(f) Country Rail Infrastructure Authority,

(g) Independent Transport Safety Regulator,

(h) until their dissolution, Sydney Metro and the Public Transport Ticketing Corporation.

3 Officer to be entitled to extended leave after a certain period of service

(1) Subject to this Schedule, an officer is entitled:

(a) after service for 10 years, to leave for 2 months on full pay or 4 months on half pay, and

(b) after service in excess of 10 years, to:

(i) leave as provided by paragraph (a), and

(ii) in addition, an amount of leave proportionate to the officer’s length of service after 10 years, calculated on the basis of 5 months on full pay, or 10 months on half pay, for each 10 years served after service for 10 years.

(2) For the purpose of calculating the entitlement of a person to extended leave under this clause at any time:

(a) service referred to in this clause includes service before the commencement of this Schedule, and

(b) there must be deducted from the amount of extended leave to which, but for this paragraph, that person would be entitled:

(i) any extended leave, or leave in the nature of extended leave, and

(ii) the equivalent, in extended leave, of any benefit instead of extended leave or leave in the nature of extended leave,

taken or received by that person before that time, including any such leave taken, or benefit received, by that person in accordance with any repealed enactment, and

(c) the provisions of Schedule 3A to the Public Sector Employment and Management Act 2002 have effect.

(3) Nothing in subclause (2) shall be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both subclause (2) (b) and clause 7 of Schedule 3A to the Public Sector Employment and Management Act 2002 .

(4) If the services of an officer with at least 5 years’ service as an adult and less than 10 years’ service are terminated:

(a) by the relevant Authority for any reason other than the officer’s serious and intentional misconduct, or

(b) by the officer on account of illness, incapacity or domestic or other pressing necessity,

the officer is entitled:

(c) for 5 years’ service to 1 month’s leave on full pay, and

(d) for service after 5 years to a proportionate amount of leave on full pay calculated on the basis of 3 months’ leave for 15 years’ service (that service to include service as an adult and otherwise than as an adult).

(5) For the purposes of subclause (4), "service as an adult", in the case of an officer employed to do any work for which the remuneration:

(a) has been fixed by an award:

(i) made under the Industrial Relations Act 1988 of the Commonwealth, or

(ii) made under the Industrial Relations Act 1996 , or

(b) has been fixed by an industrial agreement or enterprise agreement made in accordance with or registered under either of those Acts or a determination made in accordance with this Act,

means the period of service during which the remuneration applicable to the officer was at a rate not lower than the lowest rate fixed under the award, industrial agreement, enterprise agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the officer.

(6) For the purposes of subclause (4), "service as an adult", in the case of an officer to whom subclause (5) does not apply, means the period of service during which the officer was not less than 21 years of age.

(7) For the purposes of subclause (1), "service" includes:

(a) any period of leave without pay taken before 13 December 1963, and

(b) in the case of an officer who has completed at least 10 years’ service-any period of leave without pay, not exceeding 6 months, taken after that commencement.

(8) In subclause (7) (b), for the purpose of determining whether or not an officer has completed at least 10 years’ service, the officer’s period of service shall be 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 that commencement.

(9) For the purposes of subclause (4), "service" does not include any period of leave without pay whether taken before or after the commencement of this Schedule.

4 Certain officers to be entitled to be paid a gratuity instead of extended leave

An officer who has acquired a right to extended leave with pay under clause 3, is entitled, immediately on the termination of the officer’s services, to be paid instead of that leave the money value of the extended leave as a gratuity in addition to any gratuity to which the officer may be otherwise entitled.

5 Payment to be made where an officer entitled to extended leave has died

(1) If an officer has acquired a right under clause 3 to extended leave with pay and dies before starting it, or after starting it dies before completing it:

(a) the spouse of the officer, or

(b) if there is no such spouse, the children of the officer, or

(c) if there is no such spouse or children, the person who, in the opinion of the relevant Authority, was, at the time of the officer’s death, a dependent relative of the officer,

is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the officer received at the time of his or her death less any amount paid to the officer in respect of the leave not taken, or not completed.

(2) If an officer with at least 5 years’ service as an adult and less than 10 years’ service as referred to in clause 1 (4) dies:

(a) the spouse of the officer, or

(b) if there is no such spouse, the children of the officer, or

(c) if there is no such spouse or children, the person who, in the opinion of the relevant Authority, was, at the time of the death of the officer, a dependent relative of the officer,

is entitled to receive the money value of the leave which would have accrued to the officer had his or her services terminated as referred to in clause 3 (4), computed at the rate of salary that the officer received at the time of his or her death.

(3) If there is a guardian of any children entitled under subclause (1) or (2), the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

(4) If there is no person entitled under subclause (1) or (2) to receive the money value of any leave not taken or not completed by an officer or which would have accrued to an officer, payment in respect of that leave must be made to the officer’s personal representatives.

(4A) If it appears to the relevant Authority that more than one person is entitled as a spouse to payment of the money value of leave under this section, the Authority must pay the amount to the deceased officer’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) If payment of the money value of leave has been made under this Act, the relevant Authority ceases to be liable for payment of any amount in respect of that leave.

(7) In this clause, "spouse" of an officer includes a de facto partner of the officer at the time of his or her death.

Note: “De facto partner” is defined in section 21C of the Interpretation Act 1987 .