Public Sector Employment and Management Amendment (Extended Leave) Act 2005 (NSW)

An Act to amend the Public Sector Employment and Management Act 2002 with respect to extended leave and other employment benefits; and for other purposes.

1Name of Act

This Act is the Public Sector Employment and Management Amendment (Extended Leave) Act 2005.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Public Sector Employment and Management Act 2002 No 43

The Public Sector Employment and Management Act 2002 is amended as set out in Schedule 1.

4Amendment of other Acts and regulations

The Acts and regulations specified in Schedule 2 are amended as set out in that Schedule.

5Repeals(1)

The Transferred Officers Extended Leave Act 1961 is repealed.

(2)

The Transferred Officers Extended Leave Regulation 1998 is repealed.

Schedule 1Amendment of Public Sector Employment and Management Act 2002

(Section 3)

[1]Section 3 Definitions

Insert in alphabetical order in section 3 (1):

extended leave includes leave in the nature of extended leave.

[2]Section 94

Omit the section. Insert instead:

94Recognition of prior government service for purpose of calculating extended leave

Schedule 3A has effect in relation to employees.

[3]Section 95 Annual leave

Insert at the end of section 95 (1):

Note—

For example, such an election may not be made by an officer who merely moves between different Departments of the Public Service.

[4]Schedules 3 and 3A

Omit Schedule 3. Insert instead:

Schedule 3Extended leave entitlements for officers and temporary employees

(Section 55)

1Definition of “service”(1)

For the purposes of this Schedule, service includes:

• (a)

  in the case of an officer or temporary employee who has completed at least 10 years’ service—any period of leave without pay, not exceeding 6 months, taken after 13 December 1963, and

• (b)

  service occurring before the commencement of this Schedule, including service of the kind referred to in paragraph (a).

Note—

See also Schedule 3A as to the recognition of former service with certain Government agencies.

(2)

Subject to clauses 2 (3) and 3 (3), for the purpose of determining whether or not an officer or temporary employee has completed at least 10 years’ service, as referred to in subclause (1) (a), the officer’s or temporary employee’s period of service is taken:

• (a)

  to include any period of leave without pay taken before 13 December 1963, and

• (b)

  to exclude any period of leave without pay taken after 13 December 1963.

Note—

13 December 1963 was the date of assent to the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.

2Leave entitlements generally(1)

After service for 7 years or more but not more than 10 years, an officer or temporary employee is entitled to extended leave, proportionate to his or her length of service, calculated at the rate of:

• (a)

  2 months on full pay, or

• (b)

  4 months on half pay, or

• (c)

  one month on double pay,

for 10 years served.

(2)

After service for more than 10 years, an officer or temporary employee is entitled to extended leave under subclause (1) in respect of the first 10 years and additional extended leave, proportionate to his or her length of service, calculated at the rate of:

• (a)

  5 months on full pay, or

• (b)

  10 months on half pay, or

• (c)

  2.5 months on double pay,

for each 10 years served after the first 10 years.

(3)

For the purposes of this clause, service includes any period of leave without pay taken before 13 December 1963.

3Entitlement to leave if employment terminated in special circumstances(1)

This clause applies to an officer or temporary employee with at least 5 years’ service but less than 7 years’ service whose services are terminated:

• (a)

  by the officer or temporary employee, for reasons of illness, incapacity or domestic or other pressing necessity, or

• (b)

  by the Crown, the Governor or the appropriate Department Head, for reasons other than the officer’s or temporary employee’s serious and intentional misconduct.

(2)

The officer or temporary employee is entitled to:

• (a)

  for 5 years’ service, one month’s leave on full pay, and

• (b)

  for further service in excess of 5 years, additional leave proportionate to the officer’s or temporary employee’s length of service (up to but not including 7 years), calculated at the rate of 3 months’ leave for 15 years’ service.

(3)

For the purposes of this clause, service does not include any period of leave without pay, whether taken before, on or after 13 December 1963.

4Payment of accrued leave on termination of employment(1)

If an officer or temporary employee has acquired a right to extended leave and his or her services are terminated, the officer or temporary employee may not take the extended leave but is instead to be paid the money value of the extended leave.

(2)

Any pension to which any such officer or temporary employee is entitled under the Superannuation Act 1916 commences from and including the date on which the officer’s or temporary employee’s extended leave, if taken, would have commenced.

5Leave to be paid out to dependants in cases of death(1)

If an officer or temporary employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it:

• (a)

  the officer’s or temporary employee’s spouse, or

• (b)

  if there is no such spouse, the officer’s or temporary employee’s children, or

• (c)

  if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the officer’s or temporary employee’s death, a dependent relative of the officer or temporary employee,

is entitled to receive the money value of the extended leave not taken or not completed.

(2)

If an officer or temporary employee with at least 5 years’ service but less than 7 years’ service dies:

• (a)

  the officer’s or temporary employee’s spouse, or

• (b)

  if there is no such spouse, the officer’s or temporary employee’s children, or

• (c)

  if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the officer’s or temporary employee’s death, a dependent relative of the officer or temporary employee,

is entitled to receive the money value of the extended leave that would have accrued to the officer or temporary employee had his or her services terminated as referred to in clause 3 (1).

(3)

If there is a guardian of any child referred to in subclause (1) (b) or (2) (b), the payment to which the child is entitled may be made to the child’s guardian for the child’s maintenance, education and advancement.

(4)

If:

• (a)

  no person is entitled to receive a payment under subclause (1) or (2), or

• (b)

  it appears to the appropriate Department Head that more than one person is entitled as a spouse to a payment under subclause (1) or (2),

the payment must instead be made to the officer’s or temporary employee’s personal representatives.

(5)

Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

(6)

In this clause, spouse of an officer or temporary employee includes a person with whom the officer or temporary employee had a de facto relationship (within the meaning of the Property (Relationships) Act 1984) at the time of his or her death.

6Calculation of money value of extended leave

For the purpose of calculating the amount of an entitlement under this Schedule, the money value of extended leave accrued or payable to a chief executive officer or senior executive officer is to be determined on the basis of the officer’s notional salary within the meaning of section 95.

7Certain periods to be disregarded

Any period during which an officer or temporary employee is not employed, as referred to in clause 3 (2) of Schedule 3A, is to be disregarded for the purpose of calculating his or her extended leave entitlement.

8Leave entitlement reduced by leave already taken or paid out(1)

The following amounts of extended leave are to be deducted from an officer’s or temporary employee’s extended leave entitlement:

• (a)

  for each period of extended leave taken on full pay—the number of days (or parts of a day) so taken,

• (b)

  for each period of extended leave taken on half pay—half the number of days (or parts of a day) so taken,

• (c)

  for each period of extended leave taken on double pay—twice the number of days (or parts of a day) so taken,

• (d)

  for each period of extended leave in respect of which the officer or temporary employee has been paid the money value—the number of days of extended leave on full pay that is equivalent to the money paid.

(2)

If a public holiday occurs while an officer or temporary employee is taking extended leave, the amount of extended leave to be deducted is to be reduced by the length of the holiday (one day or half a day, as the case may be).

(3)

In subclause (2), public holiday means any special or public holiday for which the officer or temporary employee is entitled to payment.

9Extended leave may be postponed for temporary employees

If the period of extended leave to which a temporary employee is entitled under this Schedule exceeds the period for which the employee is employed under this Act, the balance of the period of extended leave may be taken during subsequent periods of employment in the Public Service, but only if each subsequent period of employment commences on the termination of a previous period of employment in the Public Service.

Schedule 3ARecognition of prior government service for public sector employees extended leave entitlements

(Section 94)

Part 1Preliminary1Definitions

In this Schedule:

Australian Defence Force includes the armed forces of the Commonwealth, however described.

Commonwealth or interstate agency means:

• (a)

  a body that:

  • (i)

    is established under an Act of the Commonwealth or another State or Territory, and

  • (ii)

    is under the control of a Minister of the Commonwealth or other State or Territory, and

  • (iii)

    is part of the public service (however described) of the Commonwealth or other State or Territory, and

  • (iv)

    is a body in which persons are employed under conditions substantially equivalent to the conditions under which officers are employed under this Act, or

• (b)

  a body that is declared to be a Commonwealth or interstate agency for the purposes of this Schedule pursuant to an order under clause 2,

but, subject to paragraph (b), does not include:

• (c)

  a local government authority, or

• (d)

  a university or the governing body of a university, or

• (e)

  a corporation owned by the Commonwealth or another State or Territory, or by the Crown in right of the Commonwealth or another State or Territory, or

• (f)

  a body that is declared not to be a Commonwealth or interstate agency for the purposes of this Schedule pursuant to an order under clause 2.

continuous is defined in clause 3.

immediately follows is defined in clause 4.

judicial officer has the meaning it has in the Judicial Officers Act 1986.

public sector agency has the same meaning as public sector service.

public sector employee means a person who is employed in a public sector agency.

recognised service, in relation to a public sector employee, means service that is recognised service in relation to the employee pursuant to Part 2.

2Declarations concerning Commonwealth or interstate agencies(1)

The Director-General of the Premier’s Department may, by order in writing, declare that a specified body is, or is not, a Commonwealth or interstate agency for the purposes of this Schedule.

(2)

An order under this clause:

• (a)

  takes effect on such day as is specified in the order, being a day occurring before, on or after the day on which the order is made, and

• (b)

  may be subject to specified limitations, but not so as to operate to the prejudice of any person who was a public sector employee immediately before the order took effect.

(3)

There are to be made publicly available at the offices of the Premier’s Department:

• (a)

  a list of the names of each body that is declared under this clause to be a Commonwealth or interstate agency, and

• (b)

  a list of the names of each body that is declared under this clause not to be a Commonwealth or interstate agency.

3Definition of “continuous”(1)

For the purposes of this Schedule, a person’s employment by an employer is continuous, in relation to a period, if the person remains employed by that employer for the whole of the period.

(2)

The person is taken to remain employed by the employer for the whole of any period even if, during that period, the person ceases to be employed by the employer on the grounds of retrenchment or reduction of work but is re-employed by the employer within the next 12 months.

4Definition of “immediately follows”(1)

For the purposes of this Schedule, a person’s period of employment immediately follows another period of employment if:

• (a)

  the later period commences:

  • (i)

    except as provided by subparagraph (ii), within 2 months after the end of the earlier period, or

  • (ii)

    if the earlier period comprises full-time war service as a member of the Australian Defence Force, within 12 months after the end of the earlier period, and

• (b)

  the earlier period ends otherwise than by reason of the person’s dismissal for disciplinary reasons.

(2)

For the purposes of subclause (1) (a) (ii), war service means:

• (a)

  service occurring during, or partly during, a period of war in which the Australian Defence Force is engaged, or

• (b)

  service of a kind declared by the regulations to be war service for the purposes of this clause.

Part 2Recognition of former government service for public sector employees generally5Object of Part

The object of this Part is to provide for the recognition of former government service in the calculation of a public sector employee’s extended leave entitlement, whether such an entitlement arises:

• (a)

  under Schedule 3 (in the case of an officer or temporary employee), or

• (b)

  under some other Act or law, such as an award or industrial agreement (in any other case).

6Recognition of former government service(1)

For the purpose of calculating a public sector employee’s extended leave entitlement, the public sector employee’s service with his or her current employer is taken to include his or her recognised service.

(2)

The person’s employment in a public sector agency or a Commonwealth or interstate agency (the former agency) is recognised service in relation to the person’s subsequent employment in a public sector agency (the current agency) if:

• (a)

  the period of employment in the former agency has been continuous, and

• (b)

  either:

  • (i)

    the person’s employment in the current agency has immediately followed the person’s employment in the former agency, or

  • (ii)

    the person is entitled, by law or administrative practice, to have the service in the former agency form part of the service in the current agency for the purpose of calculating the person’s extended leave entitlement.

(3)

A period of recognised service may not be counted more than once for the purpose of calculating the person’s extended leave entitlement.

7Leave already taken, paid or deemed to have been taken excluded(1)

The following amounts of leave are to be deducted from a public sector employee’s extended leave entitlement:

• (a)

  the amount of any extended leave taken by the public sector employee in relation to recognised service,

• (b)

  the amount of any extended leave in respect of which the public sector employee has elected to be paid the money value under clause 8 in respect of recognised service,

• (c)

  the amount of any extended leave that the public sector employee is deemed to have taken under clause 9 in respect of recognised service.

(2)

For the purposes of subclause (1) (a), the public sector employee is deemed to have taken extended leave if he or she has been paid the money value of that leave.

(3)

A period of extended leave is not to be deducted more than once under this clause.

8Public sector employee may elect to be paid money value of accrued leave if former employer a public sector agency(cf s 95)(1)

A public sector employee who ceases to be employed in a public sector agency (the prior employment) and immediately commences employment in another public sector agency (the current employment) may elect:

• (a)

  to be paid the money value of the public sector employee’s accrued extended leave, or

• (b)

  to retain the entitlement to that accrued extended leave.

Note—

For example, such an election may not be made by an officer who merely moves between different Departments of the Public Service.

(2)

This clause does not apply to an officer or temporary employee who has been paid the money value of his or her accrued extended leave under clause 4 of Schedule 3.

Note—

Whichever election the public sector employee makes, his or her service with the current employer will, pursuant to clause 6, be deemed to include service with the former employer.

9Employee who has recognised interstate service and was entitled to take leave in former agency deemed to have taken leave(1)

For the purposes of clause 7 (1) (c), a public sector employee:

• (a)

  whose employment in a public sector agency (the current agency) immediately follows employment in a Commonwealth or interstate agency (the former agency), or

• (b)

  who is entitled, by law or administrative practice, to have the service in the former agency form part of the service in the current agency,

and who, at any time during his or her employment in the former agency, has been entitled under the relevant Commonwealth or interstate law to take extended leave or be paid the money value of extended leave is deemed to have taken the leave.

(2)

The amount of extended leave that the public sector employee is deemed to have taken is calculated as if:

• (a)

  leave had accrued in relation to his or her service in the former agency at the same rate as leave accrues in relation to his or her service in the current agency, and

• (b)

  the service in the former agency in respect of which leave accrued was the whole of the service recognised by the former agency for the purpose of calculating his or her extended leave entitlement, and

• (c)

  the amount of leave taken before the calculation of the entitlement was nil, and

• (d)

  the money value of leave paid before the calculation of the entitlement was nil.

Part 3Additional provisions for former members of Australian Defence Force and for holders of certain statutory offices10Recognition of service with Australian Defence Force

For the purposes of this Schedule:

• (a)

  a public sector employee who has previously been employed, on a full-time basis, as a member of the Australian Defence Force is taken to have been employed in a Commonwealth or interstate agency during the period for which he or she was so employed, and

• (b)

  the Australian Defence Force is taken to have been the public sector employee’s employer during that period.

11Recognition of service in certain statutory offices(1)

For the purposes of this Schedule:

• (a)

  a person who:

  • (i)

    in relation to a body referred to in the Table to this clause, holds or acts in an office specified in that Table, on a full-time basis, and

  • (ii)

    has previously been a public sector employee,

  is taken to be employed in a public sector agency during the period for which the person holds or acts in that office, and

• (b)

  the body concerned is taken to be the person’s employer during that period.

(2)

For the purposes of this Schedule:

• (a)

  a public sector employee who, in relation to a body referred to in the Table to this clause, has previously held or acted in an office specified in that Table, on a full-time basis, is taken to have been employed in a public sector agency during the period for which he or she held or acted in that office, and

• (b)

  the body concerned is taken to have been the public sector employee’s employer during that period.

(3)

Without limiting any other law preserving rights to extended leave, a person who, in relation to a body referred to in the Table to this clause, holds an office specified in that Table, on a full-time basis, is entitled to have his or her recognised service as a public sector employee recognised as service for the purposes of the law or arrangement that provides for his or her entitlement, as the holder of the office, to extended leave.

TableAdministrative Decisions Tribunal of New South Wales

Deputy President (not being a judicial officer)

Non-presidential judicial member (not being a judicial officer)

Non-judicial member

Assessor

Consumer, Trader and Tenancy Tribunal of New South Wales

Deputy Chairperson

Member

Government and Related Employees Appeal Tribunal

Senior Chairperson

Chairperson

Industrial Relations Commission of New South Wales

Member

Police Integrity Commission

Commissioner

Inspector

Transport Appeal Boards

Chairperson

Workers Compensation Commission of New South Wales

Deputy President (not being a judicial officer)

Registrar

Arbitrator

[5]Schedule 4 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Public Sector Employment and Management Amendment (Extended Leave) Act 2005

[6]Schedule 4, Part 3

Insert after clause 12:

Part 3Provisions consequent on enactment of Public Sector Employment and Management Amendment (Extended Leave) Act 200513Interpretation(1)

In this Part:

the amending Act means the Public Sector Employment and Management Amendment (Extended Leave) Act 2005.

the repealed Act means the Transferred Officers Extended Leave Act 1961.

(2)

Without limiting section 68 (3) of the Interpretation Act 1987, a reference in this Part to an award or enterprise agreement extends to the award or enterprise agreement (if any) that is the replacement, for the time being, for the award or enterprise agreement.

14Section 30 of the Interpretation Act 1987 unaffected

Nothing in this Part limits the effect of section 30 of the Interpretation Act 1987.

15Validation of matters relating to extended leave(1)

Anything that was done or omitted during the validation period, and that would have been valid had the amending Act been in force during that period, is taken to have been validly done or omitted.

(2)

In this clause, validation period means the period beginning on 1 January 2005 and ending on the commencement of Schedule 1 [4] to the amending Act.

16Certain classes of persons to whom certain amendments do not apply(1)

In its application to the persons or classes of persons listed in the Table to this clause, Schedule 3, as substituted by the amending Act, applies with the following modifications:

• (a)

  a reference in clause 2 (1) of Schedule 3 to “7 years or more but not more than 10 years” is to be read as a reference to “10 years”,

• (b)

  a reference in clauses 3 (1) and (2) (b) and 5 (2) of Schedule 3 to “7” is to be read as a reference to “10”,

• (c)

  clauses 2 (1) (c) and (2) (c) and 8 (1) (c) and (2) of Schedule 3 do not have effect.

(2)

The Governor may, by proclamation, omit any of the items to the Table to this clause except for item 15.

Table

1	officers covered by the Australian Music Examinations Board (New South Wales) Examiners, Assessors and Advisers Employed by the Office of the Board of Studies Award,
2	officers covered by the Crown Employees (Centennial Park and Moore Park Trust Building and Mechanical Services Staff 2001) Award,
3	officers covered by the Crown Employees (Education Employees Department of Corrective Services) Consent Award 2002,
4	officers covered by the Crown Employees (National Art School, Academic Staff) Salaries and Conditions Award 2004,
5	officers covered by the Crown Employees (Office of the Board of Studies—Education Officers) Salaries and Conditions Award,
6	officers covered by the Crown Employees (Public Service Training Wage) Award 2002,
7	officers covered by the Crown Employees (Royal Botanic Gardens, Building and Mechanical Trades Staff) Award 2000–2001,
8	officers covered by the Earthmoving Operators (Department of Land and Water Conservation) 2001 Award,
9	officers covered by the Forestry Commission of New South Wales (Trading as State Forests of New South Wales) Fieldwork (And Other) Staff Award,
10	officers covered by the Higher School Certificate and School Certificate Marking and Related Casual Employees Rates of Pay and Conditions Award,
11	officers covered by the NSW Adult Migrant English Service Crown Employees (Teachers and Related Employees) Award 2004,
12	officers covered by the Restaurants, &c., Employees (State) Award,
13	officers covered by the Shop Employees (State) Award,
14	officers covered by the Skilled Trades Staff—Department of Ageing, Disability and Home Care (State) Award 2001,
15	any persons or class of persons prescribed by the regulations for the purposes of this clause.

17Certain references to Schedule 3(1)

In its application for the purposes of the Acts and instruments set out in the Table to this clause, Schedule 3, as substituted by the amending Act, applies with the following modifications unless the contrary intention appears:

• (a)

  a reference in clause 2 (1) of Schedule 3 to “7 years or more but not more than 10 years” is to be read as a reference to “10 years”,

• (b)

  a reference in clauses 3 (1) and (2) (b) and 5 (2) of Schedule 3 to “7” is to be read as a reference to “10”,

• (c)

  clauses 2 (1) (c) and (2) (c) and 8 (1) (c) and (2) of Schedule 3 do not have effect.

(2)

The Governor may, by proclamation, omit any of the items to the Table to this clause except for item 18.

Table

1	the Technical and Further Education Commission Act 1990 but only to the extent to which that Act applies to persons covered by the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award 2004,
2	the Bradfield College (Department of Education and Training) Salaries and Conditions Award,
3	the Canteen, &c. Workers (State) Award,
4	the Caterers Employees (State) Award,
5	the Clothing Trades (State) Award,
6	the Crown Employees (Institute Managers in TAFE) Salaries and Conditions Award,
7	the Crown Employees (Public Service Training Wage) Award 2002,
8	the Hairdressers’, &c. (State) Award,
9	the Lidcombe Castlereagh Waste Management Centre Enterprise Award—1997,
10	the Miscellaneous Workers’—Kindergartens and Child Care Centres, &c. (State) Award,
11	the Miscellaneous Workers’ Kindergartens and Child Care Centres (State) Training Wage Award,
12	the Motels, Accommodation and Resorts, &c. (State) Award,
13	the New South Wales TAFE Commission Teachers (TAFE Children’s Centres) Salaries and Conditions Award,
14	the Restaurants, &c., Employees (State) Award,
15	the Shop Employees (State) Award,
16	the Waste Recycling and Processing Corporation (Salaries and Conditions of Employment 2002) Award,
17	the TAFE NSW Riverina Institute National Aerospace Training Centre of Excellence (NATCOE) Enterprise Agreement 2004–EA04/324,
18	an Act or instrument prescribed by the regulations for the purposes of this clause.

Schedule 2Amendment of other Acts and regulations

(Section 4)

Police Integrity Commission Regulation 2001

Omit “clause 1” from clause 5 (2) (a). Insert instead “clause 2”.

Police Regulation 2000[1]Clause 69 Entitlement to extended leave

Omit “the Transferred Officers Extended Leave Act 1961” from clause 69 (2) (d).

Insert instead “Schedule 3A to the Public Sector Employment and Management Act 2002”.

[2]Clause 69 (3)

Omit “section 3 (7) of the Transferred Officers Extended Leave Act 1961”.

Insert instead “clause 7 of Schedule 3A to the Public Sector Employment and Management Act 2002”.

Police Regulation (Superannuation) Act 1906 No 28[1]Section 1 Name of Act, commencement and definitions

Insert after paragraph (a) (vii) of the definition of salary of office in section 1 (2):

•

or

(viii)

in respect of any period during which the member takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the member as exceeds the salary of office (within the meaning of this definition) that he or she would have received had he or she taken leave on full pay,

[2]Schedule 6 Savings and transitional provisions

Insert at the end of clause 1 (1):

Public Sector Employment and Management Amendment (Extended Leave) Act 2005 (but only to the extent that it amends this Act)

State Authorities Non-contributory Superannuation Act 1987 No 212[1]Section 4 Salary

Insert after section 4 (2) (e):

(e1)

in respect of any period during which the employee takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the employee as exceeds the salary (within the meaning of subsection (1)) that he or she would have received had he or she taken leave on full pay,

[2]Schedule 5 Savings and transitional provisions

Insert at the end of clause 1 (1):

Public Sector Employment and Management Amendment (Extended Leave) Act 2005 (but only to the extent that it amends this Act)

State Authorities Superannuation Act 1987 No 211[1]Section 4 Salary

Insert after section 4 (2) (e):

(e1)

in respect of any period during which the contributor takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the contributor as exceeds the salary (within the meaning of subsection (1)) that he or she would have received had he or she taken leave on full pay,

[2]Schedule 6 Savings and transitional provisions

Insert at the end of clause 1 (1):

Public Sector Employment and Management Amendment (Extended Leave) Act 2005 (but only to the extent that it amends this Act)

Superannuation Act 1916 No 28[1]Section 3A Salary

Insert after section 3A (2) (e):

(e1)

in respect of any period during which the contributor takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the contributor as exceeds the salary (within the meaning of subsection (1)) that he or she would have received had he or she taken leave on full pay,

[2]Schedule 25 Savings and transitional provisions

Insert at the end of clause 1 (1):

Public Sector Employment and Management Amendment (Extended Leave) Act 2005 (but only to the extent that it amends this Act)

Sydney Water Act 1994 No 88[1]Section 96 Provisions relating to certain staff

Omit “the Transferred Officers Extended Leave Act 1961” from section 96 (2).

Insert instead “Schedule 3A to the Public Sector Employment and Management Act 2002”.

[2]Section 96 (3)

Omit “The Transferred Officers Extended Leave Act 1961”.

Insert instead “Schedule 3A to the Public Sector Employment and Management Act 2002”.

Teaching Service Act 1980 No 23[1]Section 79 Leave of absence after years of service

Omit “the Transferred Officers Extended Leave Act 1961” from section 79 (2) (c).

Insert instead “Schedule 3A to the Public Sector Employment and Management Act 2002”.

[2]Section 79 (2)

Omit “section 3 (7) of the Transferred Officers Extended Leave Act 1961”.

Insert instead “clause 7 of Schedule 3A to the Public Sector Employment and Management Act 2002”.

Transport Administration Act 1988 No 109[1]Schedule 5 Extended leave for staff of each Authority and the Independent Transport Safety and Reliability Regulator

Omit “the Transferred Officers Extended Leave Act 1961” from clause 3 (2) (c) of Schedule 5.

Insert instead “Schedule 3A to the Public Sector Employment and Management Act 2002”.

[2]Schedule 5, clause 3 (3)

Omit “section 3 (7) of the Transferred Officers Extended Leave Act 1961”.

Insert instead “clause 7 of Schedule 3A to the Public Sector Employment and Management Act 2002”.