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TAX ALERT: PACMATE Annex 3.A, item 9. |
2.3.20 Member
this Division applies to
2.3.21 Member
this Division does not apply to
2.3.22 Retaining
leave credits
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1. |
This Division applies to a member who ceases to be a member and becomes an APS employee. This is only if the Public Service Commissioner, acting under section 72 of the Public Service Act 1999, determines that the member is to be engaged as an APS employee. Note: Section 72 determinations are unusual. They assist with reorganisation of machinery of government by moving groups of positions, with or without the consent of affected individuals. This kind of transfer is different to the normal process, where an individual ADF member voluntarily applies for and wins a job in the APS. |
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2. |
This Division ensures that groups of members who are moved into the APS can access conditions as similar as possible to their previous entitlement for a transition period, unless this is changed by an award, agreement or Australian Workplace Agreement of the employing agency that comes into effect on or after the day when the member was engaged as an APS employee. The Public Service Regulations 1999 contain further information about the procedure for assigning entitlements to members moved in this way. |
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This Division does not apply to a member who chooses to leave the ADF in order to take up an employment offer in the APS. Related information: Their new employer may give these members long service leave credits for ADF service. See: Chapter 5 Part 3 Division 5 Clause 5.3.29, Option not to be paid. |
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1. |
A ceasing member may have recreation leave or long service leave entitlements. The member may choose not to be paid a part or the whole amount of this entitlement. These conditions apply. |
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a. |
The option must be permitted under one of these arrangements. |
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i. |
A determination under subsection 24 (1) of the Public Service Act 1999. |
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ii. |
An award, agreement or Australian Workplace Agreement of the employing agency. This must come into effect on or after the day when the member became engaged as an APS employee. |
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b. |
The member may choose this option up to 14 days after ceasing to be a member. |
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2. |
If the member makes the choice under subclause 1, they keep their entitlement as a leave credit for use as an APS employee. |
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3. |
In some cases, the member may not be able to be given credit for the full amount of recreation leave or long service leave by the new employing agency. In these cases, it must be paid to the member under the relevant provisions for payment instead of leave. See: Chapter 5, ADF leave |
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