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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.