Commonwealth Consolidated Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 - SECT 24A

             (1)  In this section, unless the contrary intention appears:

"long service leave" includes long leave, furlough, extended leave and any other leave in the nature of long service leave (however described).

"member of the Service" has the same meaning as in the Commonwealth Teaching Service Act 1972 as in force on 1 November 1988.

"prescribed teacher" means:

                     (a)  a member of the Service who became such a member after 13 September 1973 and before 1 January 1974 and was, immediately before becoming such a member:

                              (i)  employed in the teaching service of New South Wales and engaged in teaching duties in a Commonwealth school in the Australian Capital Territory; or

                             (ii)  employed in the teaching service of South Australia and engaged in teaching duties in a Commonwealth school in the Northern Territory; or

                     (b)  a member of the Service who became such a member after 31 December 1976 and before 1 April 1977 and was, immediately before becoming such a member, employed in the teaching service of New South Wales and engaged in full-time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education, that is to say, education provided by way of a course of instruction or training:

                              (i)  that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or

                             (ii)  that otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college.

"relevant date" means:

                     (a)  in relation to a prescribed teacher referred to in paragraph (a) of the definition of prescribed teacher --1 January 1974; and

                     (b)  in relation to a prescribed teacher referred to in paragraph (b) of that definition--1 April 1977.

"relevant State" means, in relation to a prescribed teacher, the State in the teaching service of which he or she was employed immediately before becoming a member of the Service.

"Service" means the Commonwealth Teaching Service established by the Commonwealth Teaching Service Act 1972 .

             (2)  Where, at any time, in the application to or in relation to a prescribed teacher of this Act, the period of long service leave to which he or she would, but for this section, be entitled, or the amount of pay in lieu of long service leave that would, but for this section, be payable to or in relation to him or her, under this Act is less than the period of leave to which he or she would be entitled, or the amount that would be payable to or in relation to him or her, as the case may be, if the scale of accrual of long service leave that would have been applicable in relation to him or her under the law of the relevant State as in force on the relevant date if he or she had continued to be employed in the teaching service of the relevant State were substituted for the scale of accrual of long service leave applicable to him or her at that time under this Act, the period of long service leave to which he or she is entitled, or the amount of pay in lieu of long service leave payable to or in relation to him or her, as the case may be, shall be determined in accordance with the first-mentioned scale of accrual.

             (3)  This section ceases to apply on the commencement of the amendment of the definition of public authority of the Commonwealth in subsection 4(1) of this Act by the A.C.T. Self-Government (Consequential Provisions) Act 1988 .