Document ID: chunk:federal_register_of_legislation:C2022C00264:section:51:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 51 (pt 1/5)
Character Range: 122394–125066

51  Leave of absence without pay

Scope of section
 (1) This section applies to a person if:
 (a) the person is, or at any time has been, an eligible employee; and
 (b) the person, while an eligible employee, has been on leave of absence without pay for a period longer than 12 weeks; and
 (c) the period of leave of absence is not an excluded period of leave of absence; and
 (d) where the period of leave of absence starts after 30 June 2003—the person's designated employer has stopped making payments to the Commonwealth in respect of benefits that become payable under this Act to or in respect of the person.
Note: Subsection (3) prohibits a person to whom this section applies from making contributions during the period of leave of absence without pay.

Excluded periods (during which person is permitted to make contributions)
 (2) For the purposes of subsection (1), the following periods of leave of absence of a person are, subject to subsections (2AA) and (2B), excluded periods of leave of absence:
 (a) a period of leave of absence during which the person's liability to make contributions is deferred under subsection 54(1);
 (b) a period of sick leave without pay;
 (d) a period of compensation leave granted under the Safety, Rehabilitation and Compensation Act 1988 or the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988;
 (da) a period of leave of absence because of a service injury or disease (within the meaning of the Military Rehabilitation and Compensation Act 2004) in respect of which the person is receiving compensation under section 86 (part‑time Reservists) or 127 (former member maintained in hospital) of that Act;
 (f) subject to subsection (2A), a period of leave of absence for the purpose of engaging in other employment (other than employment by an approved organisation) if:
 (i) in respect of a person employed in an APS Agency—the Agency Head of the Agency is satisfied that the engaging by the person in the other employment is in the interests of the Australian Public Service; or
 (ii) in respect of any other person—the person's employer is satisfied that the engaging by the person in the other employment is in the employer's interests;
 (g) subject to subsection (2A), a period of leave of absence for the purpose of engaging in employment by an approved organisation;
 (h) subject to subsection (2BC), a period of leave of absence in respect of which there is in force an agreement made (whether before or after the end of the period) between the Minister and CSC declaring the period to be an excluded period of leave of absence.
 (2AA) Subsection (2) does not apply in respect of a period, or a