Public Service and Other Statutory Bodies (Long Service Leave) Act 1955 (NSW)
PUBLIC SERVICE AND OTHER STATUTORY BODIES
(LONG SERVICE LEAVE) ACT.
Act No. 27, 1955.
Elizabeth II, An Act to make further provision relating to No. 1̂955. service leave and the payment of the
money value thereof in respect of officers of the Public Service, the Water Conserva tion and Irrigation Commission, and the Departments of Main Poads, Railways, Government Transport and Motor Transport, and members of the Police Force; for these purposes to amend the Public Service (Amendment) Act, 1919, the Irrigation Act, 1912, the Main R.oads Act, 1924, the Government Railways Act, 1912, the Transport Act, 1930, the Police Regulation Act, 1899, and certain other Acts; and for purposes connected therewith. [Assented to, 27th April, 1955.]
T>E it enacted by the Queen’s Most Excellent Majesty, LJ by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
| Short title. | 1. This Act may be cited as the “ Public Service and |
Other Statutory Bodies (Long Service Leave) Act,
1955.”
Amendment
| of Act No. | 2. | The Public Service (Amendment) Act, 1919, as |
| 43, 1919. |
| Sec. 13. | amended by subsequent Acts, is amended— |
| ("Leave of | (a) by omitting from section thirteen the words |
| absence |
| .after years | “ Provided that nothing in this section shall |
| of service.) | affect |
| Public Service and Other Statutory Bodies (Long Service | 209 |
Leave) Act.
| aifect the provisions of section fifty-six of the | 2^955. |
| Public Service Act, 1902” and by inserting in lieu thereof the follovping subsections:— | |
| (2) Where the services of an officer with at least ten years and less than fifteen years service terminate by reason of— |
(a) retrenchment, or
| (b) | his retirement pursuant to section sixty-three or sixty-seven or subsection three of section sixty-six of the Public Service Act, 1902, as amended by sub sequent Acts, |
he shall be entitled for ten years service to two months leave on full pay and for service after ten years to a proportionate amount of leave on full pay calculated on the basis of three months leave for fifteen years service.
(3) Nothing in this section shall affect the
provisions of section fifty-six of the Public Ser
vice Act, 1902, as amended by subsequent Acts.
| (b) | by omitting section fourteen and by inserting in Substituted | |
|
14. (1) Where an officer or member of the Payment of
board has acquired a right under subsection one
of section thirteen of this Act to extended leave not taken or
with pay and dies before entering upon it, or completed,
after entering upon it dies before its termina
tion, the widow or widower of such officer or
memlter, or if there is no such widow or Avidower
the children of such officer or member, or if there
is no such widow, widower, or children such
person who, in the opinion of the board, was, at
the time of the death of such officer or member,
a dependent relative of such officer or member,
shall be entitled to receive the money value of
the leave not taken, or not completed, computed
at the rate of salary such officer or member
received at the time of his or her death.
| ■ | (2) |
210 Public Service and Other Statutory Bodies (Long Service
Leave) Act.
| No. 27, 1955. | (2) Where an officer with at least ten years and less than fifteen years service dies, the widow or widower of such officer, or if there is no such widow or widower the children of such officer, or if there is no such widow, widower or children such person who, in the opinion of the board, was, at the time of the death of such officer, a dependent relative of such officer, shall be entitled to receive the money value of the leave which would have accrued to such officer had his services terminated as referred to in subsection two of section thirteen of this Act, computed at the rate of salary such officer received at the time of his or her death. |
| (3) Where there is a guardian of any children entitled under subsection one or two of this section the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement. | |
| (4) Where there is no person entitled under subsection one or two of this section to receive the money value of any leave not taken or not completed by an officer or member as aforesaid or which would have accrued to an officer as aforesaid payment in respect thereof |
| ' | shall be made to the personal representatives of such officer or member, as the case may require. |
| (5) Any payment under this section shall be in addition to any payment due under the | |
| -• | provisions of the Superannuation Act, 1916, as amended by subsequent Acts. |
| (6) | Where payment of the money value |
of leave has been made under this section no action may be brought against the Crown for payment of any amount in respect of such leave.
| Public Service and Other Statutory Bodies (Long Service | 211 |
Leave) Act.
| 3 . The Irrigation Act, 1912, as amended by subsequent | 2̂ 1955. |
Acts, is amended—
(a) (i) by inserting in section 5c after the words
“ twenty years service” where secondly 73,1912. ’
occurring the following new subsection:— Soc. sc.
(2) Where the services of an officer with ibsTnce°̂
at least ten years and less than fifteen years after years service terminate by reason of— " '
(a) retrenchment, or
| (b) | his being found unfit to discharge or incapable of discharging the duties of his office and such unfitness or incapacity appears likely to be of a permanent character, and has not arisen from actual misconduct on his part or from causes within his control, or |
| (c) | his retirement pursuant to subsection three of section 5a or to section 5b of this Act, |
he shall be entitled for ten years service to two months leave on full pay and for service after ten years to a proportionate amount of leave on full pay calculated on the basis of three months leave for fifteen years service.
(ii) by inserting in the same section immedi ately before the words “ Where an officer” the figure and symbols “ (3) ” ;
| (b) | by omitting section 5d and by inserting in lieu substituted | |
|
5d. (1 ) Where a commissioner or an officer Payment of
| has acquired a right under subsection one of ̂ section 5c of this Act to extended leave with pay leave not and dies before entering upon it, or after enter- taken or ing upon it dies before its termination, the widow | ’ |
| or widower of such commissioner or officer, or if there is no such widow or widower the children |
of
212 Public Service and Other Statutory Bodies (Long Service
Leave) Act.
| No. 27, 1955. | of such commissioner or officer, or if there is no such widow, widower or children such person who, in the opinion of the Commission, was, at the time of the death of such commissioner or officer, a dependent relative of such commis sioner or officer, shall be entitled to receive the money value of the leave not taken, or not com pleted, computed at the rate of salary such commissioner or officer received at the time of his or her death. |
| (2) Where an officer with at least ten years and less than fifteen years service dies, the widow or widower of such officer, or if there is no such widow or widower the children of such officer, or if there is no such widow, widower or children such person who, in the opinion of the Commission, was, at the time of the death of such officer, a dependent rela tive of such officer, shall be entitled to receive the money value of the leave which would have accrued to such officer had his services terminated as referred to in subsection two of section 5c of this Act, computed at the rate of salary such officer received at the time of his or her death. | |
| (3) Where there is a guardian of any children entitled under subsection one or two of this section the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement. | |
| (4) Where there is no person entitled under subsection one or two of this section to receive the money value of any leave not taken or not completed by a commissioner or officer as aforesaid or which would have accrued to an officer as aforesaid payment in respect thereof |
| . | shall be made to the personal representatives of such commissioner or officer, as the case may require. |
( 5 )
| Public Service and Other Statutory Bodies (Long Service | 213 |
Leave) Act.
| (5) Any payment under this section shall be in addition to any payment due under the provisions of the Superannuation Act, 1916, as amended by subsequent Acts. | 27, 1955. |
| (6) AVhere payment of the money value of leave has been made under this Act no action may be brought against the Crown or the Com mission for payment of any amount in respect of such leave. |
4 . The Main Eoads Act, 1924, as amended by sub- Amendment
| sequent Acts, is amended— | of Act No. 24, 1924. |
| (a) | by inserting next after subsection one of section | |
|
(1a) Where the services of an officer with at of̂ ĝ v̂ e'̂ )
least ten years and less than fifteen years ser
vice terminate by reason of—
(a) retrenchment, or
| (b) | his being found unfit to discharge or incapable of discharging the duties of his office and such unfitness or incapacity appears likely to be of a permanent character, and has not |
| ‘ | arisen from actual misconduct on his part or from causes within his control, or |
| (c) | his retix'ing having attained the age of sixty-five years, or being retired after attaining the age of sixty years, |
he shall be entitled for ten years service to two months leave on fxdl pay and for service after ten years to a proportionate amount of leave on full pay calculated on the basis of three months leave for fifteen years service.
(b)
214 Public Service and Other Statutory Bodies (Long Service
Leave) Act.
| No. 2^955. | |3y omitting subsection (4a) of the same section |
| and by inserting in lieu thereof the following subsection:— | |
| (4a) (a) Where a Commissioner, an Assist ant Commissioner or an officer has acquired a right under subsection one of this section to extended leave with pay and dies before enter ing upon it, or after entering upon it dies before its termination, the widow or widower of such Commissioner, Assistant Commissioner or officer, or if there is no such widow or widower the children of such Commissioner, Assistant Commissioner or officer, or if there is no such widow, widower or children such person who, in the opinion of the Commissioner or person acting as such, was, at the time of the death of such Commissioner, Assistant Commissioner or officer, a dependent relative of such Commis sioner. Assistant Commissioner or officer, shall be entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary such Commissioner, Assistant Commissioner or officer received at the time of his or her death. | |
| (b) Where an officer with at least ten years and less than fifteen years service dies, the widow or widower of such officer, or if there is no such widow or widower the children of such officer, or if there is no such widow, widower or children such person who, in the opinion of the Commissioner, was, at the time of the death of such officer, a dependent relative of such officer, shall be entitled to receive the money value of the leave which would have accrued to such officer had his services terminated as referred to in subsection ( 1 a ) of this section, computed at the rate of salary such officer received at the time of his or her death. | |
| (c) "Wliere there is a guardian of any children entitled under paragraph (a) or (bl of this subsection the payment to which such |
children
| Public Service and Other Statutory Bodies (Long Service | 215 |
Leave) Act.
children are entitled may be made to such No. 27, 1955.
guardian for their maintenance, education and
advancement.
(d) Where there is no person entitled under paragraph (a) or (b) of this subsection to receive the money value of any leave not taken or not completed by a Commissioner, Assistant Commissioner or officer as aforesaid or which would have accrued to an officer as aforesaid payment in respect thereof shall be made to the personal representatives of such Commissioner, Assistant Commissioner or officer, as the case may require.
(e) Any payment under this subsection shall be in addition to any payment due under the provisions of the Superannuation Act, 1916, as amended by subsequent Acts.
(f) Where payment of the money value of leave has been made under this subsection no action may be brought against the Crown for payment of any amount in respect of such leave.
5. The Government Eailways Act, 1912, as amended Amendment
| by subsequent Acts, is amended— | 30^ 912 °̂' |
| (a) | by inserting next after subsection two of section S ec . iooA . | |
| ||
|
Other Statutory Bodies (Long Service Leave) Act, 1955, has had at least ten years and less than fifteen years service and whose services are terminated by reason of—
(a) retrenchment, or
| (b) | his being found unfit to discharge or incapable of discharging the duties of his office and such unfitness or |
incapacity
216 Public Service and Other Statutory Bodies (Long Service
Leave) Act.
| No. 27 1955. | incapacity appears likely to be of a permanent character, and has not arisen from actual misconduct on his part or from causes within his control, or |
| (c) | his retiring having attained the age of sixty-five years, or being retired after attaining the age of sixty years, |
shall be entitled for ten years service to two months leave on full pay and for service after ten years to a proportionate amount of leave on full pay calculated on the basis of three months leave for fifteen years service.
| (b) | by omitting subsection five of the same section and by inserting in lieu thereof the following subsection:— |
(5) (a) Where an officer has acquired a right under subsection two of this section to leave with pay and dies before entering upon it, or after entering upon it dies before its termina tion, the widow or widower of such officer, or if there is no such widow or widower the children of such officer, or if there is no such widow, widower or children such person who, in the opinion of the Commissioner for Railways, was, at the time of the death of such officer, a dependent relative of such officer, shall be entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary such officer received at the time of his or her death.
(b) Where an officer with at least ten years and less than fifteen years service dies, the widow or widower of such officer, or if there is no such widow or widower the children of such officer, or if there is no such widow, widower or children such person who, in the opinion of the Commissioner for Railways, was, at the time of the death of such officer, a depen dent relative of such officer, shall be entitled to
receive
| Pubtic Service and Other Statutory Bodies (Long Service | 217 |
Leave) Act.
| receive the money value of the leave which would | 27.1955- |
| have accrued to such officer had his services terminated as referred to in subsection ( 2 a ) of this section, computed at the rate of salary such officer received at the time of his or her death. | |
| (c) Where there is a guardian of any children entitled under paragraph (a) or (b) of this subsection the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement. | |
| (d) Where there is no person entitled under paragraph (a) or (b) of this subsection to receive the money value of any leave not taken or not completed by an officer as aforesaid or which would have accrued to such officer as aforesaid payment in respect thereof shall be made to the personal representatives of such officer. | |
| (e) Where payment of the money value of leave has been made under this subsection no action may be brought against the Commissioner for Eailways for payment of any amount in respect of such leave. |
6 . The Transport x\ct, 1930, as amended by subsequent Amendment
Acts, is amended—
| (a) | by inserting nest after subsection two of section Sec. 123. |
| one hundred and twentv-three the following new (Leave of subsection |
service.)
(2a) Every officer who whether before or after the commencement of the Public Service and Other Statutory Bodies (Long Service Leave) Act, 1955, has had at least ten years and less than fifteen years service and whose services are terminated by reason of—
(a) retrenchment, or
(b)
218 Public Service and Other Statutory Bodies (Long Service
Leave) Act.
| No. 27, 1955. | ("Ij) | i)eing found unfit to discharge or incapable of discharging the duties of his office and such unfitness or incapa city appears likely to be of a permanent character, and has not arisen from actual misconduct on his part or from causes within his control, or |
| (c) | his retiring having attained the age of sixty-five years, or being retired after attaining the age of sixty years, |
shall be entitled for ten years service to two months leave on full pay and for service after ten years to a proportionate amount of leave on full pay calculated on the basis of three months for fifteen years service.
| (b) | by omitting subsection five of the same section and by inserting in lieu thereof the following subsection:— |
(5) (a) Where an officer has acquired a right under subsection -two of this section to leave with pay and dies before entering upon it, or after entering upon it dies before its termina tion, the widow or the widower of such officer, or if there is no such widow or widower the children of such officer, or if there is no such widow, widower or children such person who, in the opinion of the Commissioner for Government Transport or the Commissioner for Motor Transport, as the case may require, was, at the time of the death of such officer, a depen dent relative of such officer, shall he entitled to receive the money value of the leave not taken or not completed, computed at the rate of salary such officer received at the time of his or her death.
| (b) Where an officer with at least ten years and less than fifteen years service dies, |
| ■ | the Avidow or widoAver of such officer, or if there is no such widoAv or AA'idoAver the children of |
such
| Public Service and Other Statutory Bodies (Long Service | 219 |
Leave) Act.
| such officer, or if there is no such widow, | 2^ 955. |
| widower or children such person who, in the opinion of the Commissioner for Government Transport or the Commissioner for Motor Transport, as the case may require, was, at the time of the death of such officer, a dependent relative of such officer, shall be entitled to receive the money value of the leave which would have accrued to such officer had his services ter minated as referred to in subsection ( 2 a ) of this section, computed at the rate of salary such officer received at the time of his or her death. | |
| (c) Where there is a guardian of any children entitled under paragraph (a) or (b) of this subsection the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement. | |
| (d) Where there is no person entitled under paragraph (a) or (b) of this subsection to receive the money value of any leave not taken or completed by an officer as aforesaid or which would have accrued to such officer as aforesaid payment in respect thereof shall be made to the personal representatives of such officer. | |
| (e) Where payment of the money value of leave has been made under this subsection no action ma}̂ be brought for payment of any amount in respect of such leave. |
| 7. | The Police Regulation Act, 1899, as amended by | Amendment |
| of Act No. |
| subsequent x\cts, is amended— | 20,1899. |
| (a) by inserting at the end of section 1 2 a the follow ing new subsection:— | Sec. 12a. |
| (Leave of absence |
| (2) | Where the services of a member of the | after 3-ears |
| police force with at least ten years and less | of service.) |
| than fifteen years service terminate by reason of— |
(a) retrenchment, or
(b)
220 Public Service and Other Statutory Bodies (Long Service
Leave) Act.
| No. 27, 1955. | (b) bis retirement on account of— |
(i) incapacity in accordance with section eight of the Police
| ||
| Act, 1906, as amended by sub sequent Acts; |
(ii) disablement in respect of which a gratuity or annual superannua tion allowance may be granted to him in accordance with section ten of the said Act, as so amended;
he shall be entitled for ten years service to two months leave on full pay and for service after ten years to a proportionate amount of leave on full pay calculated on the basis of three months leave for fifteen years service.
| Substituted | ( b ) | by omitting section 1 2 b and by inserting in lieu |
| see. 12b. | thereof the following section:— |
| Payment of | 12b. (1) Where a member of the police force |
| money value |
| of leave | has acquired a right under subsection one of |
| not taken or | section 12a of this Act to extended leave with |
| completed. | pay and dies before entering upon it, or after |
| . | entering upon it dies before its termination, the widow of such member, or if there is no such widow the children of such member, or if there is no such widow or children such person who, in the opinion of the Commissioner, was, at the time of the death of such member, a dependent relative of such member, shall be entitled to receive the money value of the leave not taken, or not completed, compiited at the rate of salary such member received at the time of his death. |
(2) Where a member of the police force with at least ten years and less than fifteen years service dies, the widow of such member, or if there is no sneli widow the children of such member, or if there is no such widow or children
such
| Public Service and Other Statutory Bodies (Long Service | 221 |
Leave) Act.
such person who, in the opinion of the Commis- No. 27, 1955.
sioner, was, at the time of the death of sueli
member, a dependent relative of such member,
shall be entitled to receive the money value of
the leave which would have accrued to such
member had his services terminated as referred
to in subsection two of section 12a of this Act,
computed at the rate of salary such member
received at the time of his death.
(3) Wliere there is a guardian of any children entitled under subsection one or two of this section the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.
(4) Where there is no person entitled under subsection one or two of this section to receive the money value of any leave not taken or not completed by a member as aforesaid or which would have accrued to such member as aforesaid payment in respect thereof shall he made to the personal representatives of such member.
(5) Any pa\unent under this section shall be in addition to any payment due undijr the provisions of the Police Begulation (Super annuation) Act, 1906, as amended by subsequent Acts.
(6) "Where payment of the money value of leave has been made under this section no action may be brought against the Crown for payment of any amount in respect of such leave.
PETEOLEUM
0
0
0