(ii) in addition, an amount of leave
proportionate to the member's length of service after 10 years, calculated on
the basis of 5 months on full pay, or 10 months on half pay, for 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 Part (as referred to in clause 98 (2)), 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 former Act, and
(3) Nothing in subclause (2) is to 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 2
to the Government Sector Employment Regulation 2014 .
(4) If the services of
a member of the NSW Police Force with at least 5 years' service as an adult
and less than 10 years' service are terminated (otherwise than by the making
of a section 181D order)--
(a) by the Crown, the Governor or the Commissioner
for any reason other than the member's serious and intentional misconduct, or
(b) by the member on account of illness, incapacity or domestic or other
pressing necessity,
the member 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 a member of the NSW Police Force
employed to do any work for which the remuneration has been fixed by an
industrial award or industrial agreement (however described) under any law in
force in New South Wales, means the period of service during which the
remuneration applicable to the member was at a rate not lower than--
(a) in
the case of a police officer--the rate for a constable, or
(b) in any other
case--the lowest rate fixed under the award or agreement, for an adult male or
adult female in the same trade, classification, calling, group or grade as the
member.
(6) For the purposes of subclause (1),
"service" includes--
(b) any period of leave without pay taken before the commencement of the
Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963
, and
(c) in the case of a member of the NSW Police Force who has completed
at least 10 years' service--any period of leave without pay, not exceeding 6
months, taken after that commencement.
(7) In subclause (6) (c), for the
purpose of determining whether or not a member of the NSW Police Force has
completed at least 10 years' service, the member's period of service is to be
taken--
(a) to include any period of leave without pay taken before the
commencement of the Public Service and Other Statutory Bodies (Extended Leave)
Amendment Act 1963 , and
(b) to exclude any period of leave without pay taken
after that commencement.
(8) For the purposes of subclause (4),
"service" does not include any period of leave without pay whether taken
before or after the commencement of the Public Service and Other Statutory
Bodies (Extended Leave) Amendment Act 1963 .
