95   Annual leave

(1988 Act, cl 4 Sch 5A)

(1)  An employee who ceases to be employed in a public sector service and immediately commences employment in another public sector service may elect:

(a)  to be paid the money value of the employee’s accrued annual leave, or

(b)  to retain the entitlement to that accrued annual leave.

(1A)  Such an election cannot be made by an employee if the employee is only moving between different Departments of the Public Service.

(1B)  However, such an election may, without limiting subsection (1), be made by:

(a)  an employee in a Division of the Government Service referred to in Part 2 or 3 of Schedule 1 who is moving to another Division (including a Department) or to any other public sector service, or

(b)  an employee in a Department who is moving to a Division of the Government Service referred to in Part 2 or 3 of Schedule 1.

(1C)  Subsection (1B) has effect despite anything to the contrary in the Annual Holidays Act 1944 or the Long Service Leave Act 1955.

(2)  An employee who elects to retain the entitlement to accrued annual leave is taken to have, on commencing employment in the other public sector service, the amount of accrued annual leave to which the employee was entitled immediately before the end of his or her previous employment. This leave is in addition to any annual leave which accrues after that commencement.

(3)  For the purpose of calculating an entitlement under this section, the money value of accrued annual leave owing to a chief executive officer or senior executive officer is to be determined on the basis of the officer’s notional salary.

(4)  In this section:

accrued annual leave means annual leave owing to an employee (but not taken), and includes any such leave accrued because of the operation of this section.

notional salary, in relation to a chief executive officer or a senior executive officer, means the total amount of the remuneration package for the officer as last determined before the time of payment, less the superannuation guarantee amount payable in respect of the officer.

superannuation guarantee amount means the minimum amount payable to a superannuation fund or scheme in respect of an officer that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the officer.

(5)  This section is taken to have applied on and from 3 May 1993.