Document ID: chunk:federal_register_of_legislation:F2023L01368:clause:1_4
Version: federal_register_of_legislation:F2023L01368
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 2350–6482

4  Section 5.5.25
   Repeal the section, substitute:

5.5.25    Eligibility for payment instead of long service leave
1.  A member, including a former member, is eligible for payment instead of long service leave if they cease continuous full‑time service and one of the following applies.
    a.                                                                                                                                                                                                                                       They are eligible for long service leave credits under section 5.5.8.
    b.                                                                                                                                                                                                                                       They have served at least 1 year of effective service and their service in the Defence Force is terminated under section 24 of the Defence Regulation for one of the following reasons.
                                                                                                                                                                                                                                             i.                                                                                                                                                                                       They are medically unfit for service.
                                                                                                                                                                                                                                             ii.                                                                                                                                                                                      They cannot usefully serve because of redundancy.
    c.                                                                                                                                                                                                                                       They have served at least 1 year of effective service and one of the following applies.
                                                                                                                                                                                                                                             i.                                                                                                                                                                                       If member has not been permitted to serve beyond their retirement age — they have reached their retirement age.
                                                                                                                                                                                                                                             ii.                                                                                                                                                                                      If member has been permitted to serve beyond their retirement age — they have ceased continuous full-time service.
    d.                                                                                                                                                                                                                                       They have served at least 1 year of effective service and receive a special benefit under Chapter 2 Part 3 Division 3.
2.  A member who is diagnosed with a terminal-illness before ceasing continuous full-time service is eligible for payment instead of long service leave if the CDF is satisfied that making the payment is reasonable in the circumstances.
3.  If a member dies while on continuous full‑time service, a member of their recognised family or legal personal representative is eligible to receive a payment instead of long service leave.