Transport Administration Act 1988

Subject to this Schedule, an officer is entitled—

after service for 10 years, to leave for 2 months on full pay or 4 months on half pay, and

after service in excess of 10 years, to—

leave as provided by paragraph (a), and

in addition, an amount of leave proportionate to the officer’s length of service after 10 years, calculated on the basis of 5 months on full pay, or 10 months on half pay, for each 10 years served after service for 10 years.

For the purpose of calculating the entitlement of a person to extended leave under this clause at any time—

service referred to in this clause includes service before the commencement of this Schedule, and

there must be deducted from the amount of extended leave to which, but for this paragraph, that person would be entitled—

any extended leave, or leave in the nature of extended leave, and

the equivalent, in extended leave, of any benefit instead of extended leave or leave in the nature of extended leave,

taken or received by that person before that time, including any such leave taken, or benefit received, by that person in accordance with any repealed enactment, and

the provisions of Schedule 2 to the Government Sector Employment Regulation 2014 have effect.

Nothing in subclause (2) shall be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both subclause (2)(b) and clause 7 of Schedule 2 to the Government Sector Employment Regulation 2014.

If the services of an officer with at least 5 years’ service as an adult and less than 10 years’ service are terminated—

by the relevant Authority for any reason other than the officer’s serious and intentional misconduct, or

by the officer on account of illness, incapacity or domestic or other pressing necessity,

the officer is entitled—

for 5 years’ service to 1 month’s leave on full pay, and

for service after 5 years to a proportionate amount of leave on full pay calculated on the basis of 3 months’ leave for 15 years’ service (that service to include service as an adult and otherwise than as an adult).

For the purposes of subclause (4), service as an adult, in the case of an officer employed to do any work for which the remuneration—

has been fixed by an award—

made under the Industrial Relations Act 1988 of the Commonwealth, or

made under the Industrial Relations Act 1996, or

has been fixed by an industrial agreement or enterprise agreement made in accordance with or registered under either of those Acts or a determination made in accordance with this Act,

means the period of service during which the remuneration applicable to the officer was at a rate not lower than the lowest rate fixed under the award, industrial agreement, enterprise agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the officer.

For the purposes of subclause (4), service as an adult, in the case of an officer to whom subclause (5) does not apply, means the period of service during which the officer was not less than 21 years of age.

For the purposes of subclause (1), service includes—

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

in the case of an officer who has completed at least 10 years’ service—any period of leave without pay, not exceeding 6 months, taken after that commencement.

In subclause (7)(b), for the purpose of determining whether or not an officer has completed at least 10 years’ service, the officer’s period of service shall be taken—

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

to exclude any period of leave without pay taken after that commencement.

For the purposes of subclause (4), service does not include any period of leave without pay whether taken before or after the commencement of this Schedule.