South Australian Consolidated Regulations South Australian Consolidated Regulations6—Matters relating to employment
(1) A reference in
these regulations to resignation from, or termination of, employment will be
read subject to the qualification that resignation from a particular position
so that the member can take up some other position in employment to which the
Act applies, or so that he or she can take up employment in the same position
but on a different basis, will be ignored unless there is an interval of more
than 1 month between the time the resignation or termination of employment
takes effect and the commencement of the new employment.
(a)
pursuant to a contract for a fixed term; or
(b)
pursuant to an arrangement of the kind referred to in subregulation (5);
or
(c) on a
temporary basis for a particular period or until the occurrence of a
particular event,
and the employment is not renewed at the end of the term or period, the
member's employment will be taken to have been terminated by retirement or
resignation (depending on the member's age).
(3) Despite
subregulation (2), if—
(a) a
member is employed pursuant to a contract for a fixed term; and
(b) the
member is, within the period of 3 months after the end of the term of the
contract, employed under a new contract for a fixed term in the same or
similar employment,
the member will, for the purposes of the Act and these regulations, be taken
to have remained in the relevant employment during the period between the end
of the term of the first contract and the beginning of the term of the second
contract.
(4) Subject to
subregulations (5) and (7), the following provisions apply for the
purposes of these regulations to and in relation to a member who is employed
on a casual basis pursuant to an arrangement under which he or she is to work
for 9 or more hours each week or for periods that average, over a 3 month
period, 9 or more hours each week:
(a)
subject to this subclause, the member will be taken to remain in employment
for a period of 12 months after the last time that he or she performed
work for the employer and accordingly—
(i)
if the member is incapacitated during that 12 month
period, he or she may be entitled to benefits under regulation 58 on
account of invalidity if the Board is satisfied that the member's incapacity
for all kinds of work is 60% or more of total incapacity and is likely to be
permanent, and for that purpose—
(A) the member's employment will be taken
to have been terminated on account of invalidity by the employer on the date
of incapacity; and
(B) subregulations (11), (12) and (13)
of regulation 58 will not apply; and
(C) the member must, within 2 years
after the day on which he or she becomes incapacitated to the extent envisaged
by this subparagraph, give written notice to the Board claiming that the
member is entitled to benefits under regulation 58; and
(ii)
if the member dies during that period his or her spouse
or estate will be entitled to benefits under these regulations;
(b) at
the expiration of that period of 12 months the member's employment will
be taken to have been terminated (if not terminated by invalidity or death) by
retirement or resignation (depending on the member's age).
(5)
Subregulation (4) does not apply where the member is employed pursuant to
an arrangement under which the member is to work for 3 or more separate
periods during a designated period or a period determined by the occurrence of
a particular event.
(6) The time limit of
2 years referred to in subregulation (4)(a)(i)(C) may not be
extended under any circumstances.
(7) A member may at
any time reduce the period of 12 months referred to in
subregulation (4) by notice in writing to the Board specifying the
reduced period.