Forest Management Act 2013

In this section – continuous employment has the same meaning as in the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994, as the case may be.

If a person who is employed by the Forestry corporation resigns after the commencement of this Act and is appointed under the State Service Act 2000 to a position in the responsible Department in relation to the National Parks and Reserves Management Act 2002, that person's period of service with the Forestry corporation is taken to be continuous employment with the State Service – for the purposes of calculating the long service leave which that person will be entitled to, or eligible for, under the Long Service Leave (State Employees) Act 1994; and for the purposes of calculating any redundancy payment if the employee is made redundant from the State Service.

If the Long Service Leave Act 1976 applies to a person referred to in subsection (2), that person may elect in writing, on the day on which that person gives notice of his or her resignation, to not be paid in accordance with section 12(4) of that Act.

If the Long Service Leave (State Employees) Act 1994 applies to a person referred to in subsection (2), that person may elect in writing, on the day on which that person gives notice of his or her resignation, to not be paid the allowance specified in section 20(2) of that Act.

On appointment under the State Service Act 2000, a person referred to in subsection (2) is entitled, subject to subsection (11), to the amount of long service leave that the person would have been entitled to, or been eligible for, on that person's date of resignation if – the person had not resigned from the Forestry corporation; and the person has not received any payment in respect of that long service leave.

For the purposes of calculating the long service leave entitlement under the Long Service Leave (State Employees) Act 1994 of a person referred to in subsection (2), the amount of long service leave to which that person is entitled is to be no more than the combined amount of – the long service leave under subsection (5); and the amount of long service leave to which that person is entitled under the Long Service Leave (State Employees) Act 1994 on and from the date on which that person is appointed under the State Service Act 2000 but excluding that person's period of service with the Forestry corporation.

On appointment under the State Service Act 2000, a person referred to in subsection (2), who is not entitled to long service leave in accordance with section 8(2)(a)(i) of the Long Service Leave Act 1976, is entitled to long service leave if the combined period of continuous employment with the Forestry corporation and continuous employment in the State Service is 10 years.

For the purposes of calculating the long service leave entitlement of a person referred to in subsection (7), the amount of long service leave to which that person is entitled is to be no more than the combined amount of – 0.866 weeks of long service leave for each year of continuous employment with the Forestry corporation; and 6.5 days of long service leave for each year of continuous employment in the State Service.

On appointment under the State Service Act 2000, a person referred to in subsection (2), who is not entitled to long service leave in accordance with section 8(2)(a)(ii) of the Long Service Leave Act 1976, is entitled to long service leave for the period of that person’s continuous employment with the Forestry corporation.

Subject to subsection (11), for the purposes of calculating the long service leave entitlement of a person referred to in subsection (9), the amount of long service leave to which that person is entitled is to be no more than the amount of 0.866 weeks of long service leave for each year of continuous employment with the Forestry corporation.

If a person referred to in subsection (2) has taken or exhausted the long service leave to which that person is entitled as a result of his or her employment with the Forestry corporation, the amount of long service leave taken or exhausted by that person is to be deducted from any amount of long service leave to which the person is, or becomes, entitled, or for which that person is, or becomes, eligible, on or after that person's appointment under the State Service Act 2000.

Subsections (2), (5), (7) and (9) do not apply if the period from the date of the person's resignation from the Forestry corporation to the date of commencement of the person's appointment under the State Service Act 2000 exceeds 3 months.

Subsection (5) does not apply to a person referred to in subsection (2) if that person has received payment in respect of his or her full entitlement to long service leave accrued in respect of his or her employment with the Forestry corporation.