Document ID: chunk:federal_register_of_legislation:F2017L00946:clause:1_4:p1
Version: federal_register_of_legislation:F2017L00946
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/4)
Character Range: 13502–17554

4  Chapter 5 Part 4 Division 8 (Payment or transfer of recreation leave credit)
   Omit the Division, substitute:

Division 8: Payment or transfer of recreation leave credit

5.4.40   Purpose
   This Division sets out how recreation leave may be paid out or transferred to another Commonwealth entity instead of taken when a member ceases continuous full-time service.

5.4.41   Member this Division applies to
   This Division applies to a member who ceases continuous full-time service, and includes the CDF.

   Note: If the member has died, this Division is only used to work out the amount of payment due. The provision for payment is set out in section 1.6.4.

   See: Chapter 1 Part 6 section 1.6.4, Payment of amounts on death of a member

5.4.42   Definitions
   The following definitions apply in this Division.

Term                                                                                                  Definition in this Division
Accrued leave credit                                                                                  Means the sum of leave credit accrued from the following types of accruable leave (measured in days).
a.                                                                                                    Additional recreation leave.

b.                                                                                                    Overseas additional recreation leave

c.                                                                                                    Basic recreation leave.

d.                                                                                                    Extra recreation leave.

e.                                                                                                    War service leave.

Notes:

1. It does not include accrued long service leave.

2. Purchased recreation leave is not included. See definition for purchased recreation leave credit.

Commonwealth entity                                                                                   Means a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013 as in force from time to time.
                                                                                                      See: Section 10 of the Public Governance, Performance and Accountability Act 2013
Daily rate of salary                                                                                  Means the daily rate of salary and Service allowance calculated under subsection 5.4.46.1
Daily rate of salary and allowances                                                                   Means the daily rate of salary and allowances calculated under subsection 5.4.46.2.

Purchased recreation leave credit  Means a member's unused purchased recreation leave credit measured in days.
                                   The hourly rate (under Division 5) is converted to a daily rate by multiplying the hourly rate by 0.125.
                                   Example: A member has 12 hours unused purchased recreation leave, multiplied by 0.125, equals 1.5 days.
                                   See: Division 5, Purchased recreation leave

Salary                             Means whichever of the following is relevant on the day when the member ceases continuous full-time service.
a.                                 If the member held a substantive rank — the salary of their substantive position.
b.                                 If the member held a temporary or acting rank for less than one year on their last day of service — the salary of their substantive position.
c.                                 If the member held a temporary or acting rank for one year or more on their last day of service — the salary for the higher rank or position.

5.4.43   Election for payment or transfer of leave credit
1.  A member may elect to take their accrued leave credit and purchased recreation leave credit in any of the following forms