South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, the Governor may grant to the Solicitor-General immediately prior to
his retirement on attaining the age of sixty-five years not more than six
months leave of absence on full salary.
(2) Where the
Solicitor-General retires without taking any leave which had been or could
have been granted to him under subsection (1) of this section, the
Governor may direct that a cash payment be made to him in lieu of the leave
not so taken, but the payment shall not exceed the amount of the salary of the
Solicitor-General for a period equal to the period of the leave not so taken,
calculated at the rate at which he was being paid at the time of the
retirement.
(3) A direction under
subsection (2) of this section may be given before or after the
retirement of the Solicitor-General and a payment under that subsection may be
made before or after that retirement.
(4) If the
Solicitor-General dies before the commencement or during the currency of any
leave granted or before such leave has been granted pursuant to
subsection (1) of this section, the Governor may, in respect of the
period of the leave so granted or the unexpired portion thereof, or in respect
of the period of the leave which might have been granted (according to the
circumstances of the case), pay to the dependants (if any) of the
Solicitor-General the amounts of salary which would have been payable to the
Solicitor-General himself if he had survived and if the Solicitor-General died
without leaving any dependants the Governor may pay the said amounts of salary
to his personal representative.
(5) Any question as
to—
(a)
whether there are any dependants in any particular case, or who are the
dependants; or
(b) what
dependant or dependants shall be entitled to the benefit of payments made
under this subsection, and in what proportions if more than one dependant,
shall be settled by the Governor, as he deems proper.
(6) In
subsection (5) of this section the terms—
"dependants" means those members of the family of the Solicitor-General who
were wholly or in part dependant upon his earnings at the time of his death;
"members of the family" includes widow or widower, parents, grandparents,
step-parents, children, grand-children, step-children, brothers, sisters,
half-brothers and half-sisters.
(7) Where leave is
granted to the Solicitor-General under this section, the Solicitor-General
may, at the commencement of such leave, be paid the total salary which would
be payable to him during the currency of the leave.