TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 23
TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 23
23—Recognition of previous employment
(1) Where an officer
was in prescribed employment prior to being appointed as an officer and there
is continuity of service between that prescribed employment and his or her
effective service as an officer, the long service leave to which he or she is
entitled under this Act must, subject to this section, be determined on the
basis that the period of his or her service that would have been taken into
account for the purpose of determining his or her entitlement to long service
leave in respect of the prescribed employment, as at the cessation of that
employment, was effective service as an officer.
(2) In this
section—
"prescribed employment" means—
(a)
employment in the Public Service of the Commonwealth; and
(b)
employment in the Public Service of this State; and
(c)
employment by the Government of this State otherwise than as an employee in
the Public Service; and
(d)
employment in the Public Service of another State or a Territory of the
Commonwealth; and
(e)
employment by a University established in this State; and
(f) any
other employment approved by the Minister.
(3) Where long service
leave has been granted, or payment has been made in lieu of long service
leave, in respect of a period of service in prescribed employment required by
this section to be regarded as effective service as an officer, the officer's
entitlement to long service leave in respect of the total period of his or her
effective service will be taken to have reduced accordingly.
(4) For the purposes
of this section, continuity of service is not interrupted by an interval, not
exceeding three months, between the cessation of prescribed employment and the
commencement of employment as an officer.
(5) Where there is an
interval of more than three months between the cessation of
prescribed employment and the commencement of employment as an officer, the
employing authority may, if he or she thinks that special reasons exist for so
doing, declare that the interval does not disrupt the continuity of service
for the purposes of this section, and such a declaration has effect according
to its terms.