Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94a:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94A (pt 1/2)
Character Range: 195080–197687

94A  Definitions

  In this Division:

adoption agency means an agency, office, court or other entity that is authorised under a law of the Commonwealth, a State, a Territory or a foreign country to perform functions in relation to adoption.

adoption leave has the meaning given by subsection 94ZL(1).

authorised leave means leave, or an absence, whether paid or unpaid, that is authorised:
 (a) by an employee's employer; or
 (b) by or under a term or condition of an employee's employment; or
 (c) by or under a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory.

continuous service, in relation to a period of an employee's service with an employer, means service with the employer as an employee during the whole of the period, including (as a part of the period) any of the following periods:
 (a) a period of authorised leave;
 (b) a period (the casual period) during which the employee was a casual employee, if:
 (i) during the casual period, the employee was engaged on a regular and systematic basis by the employer; and
 (ii) during the casual period, the employee had a reasonable expectation of continuing employment by the employer.

day of placement: the day of placement of a child with an employee for an adoption is:
 (a) subject to paragraph (b), the earlier of the following days:
 (i) the day on which the employee first takes custody of the child for the adoption;
 (ii) the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption; or
 (b) if the child's adoption by an employee is authorised by an adoption agency after the child has started living with the employee (unless the employee has travelled overseas to take custody of the child for an adoption intended to occur in Australia)—the day on which the adoption is authorised by the agency.

de facto spouse, of an employee, means a person of the opposite sex to the employee who lives with the employee as the employee's husband or wife on a genuine domestic basis although not legally married to the employee.

eligible casual employee has the meaning given by section 94B.

eligible child has the meaning given by section 94ZJ.

employee means an employee to whom this Division applies under section 94.

expected date of birth, of a child of an employee who is or was pregnant, means:
 (a) if, to comply with a requirement under Subdivision C, the employee has given her employer a medical certificate stating the expected date of birth of the child or a date that would be, or would have been, the expected date of birth