Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p21
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 21/153)
Character Range: 1023580–1028131

Effects on other conditions of service – summary

1.   A period of leave without pay does not count as qualifying service for any of the following.
     a.                                                                                                                                                                                                                                            Salary increments under Chapter 3 Part 2 Division 3.
     b.                                                                                                                                                                                                                                            Recreation leave under section 5.4.8 if the leave without pay is for longer than 24 hours.
     c.                                                                                                                                                                                                                                            Long service leave under section 5.5.18 if the leave without pay is not for illness and is for more than 3 months.
2.   This subsection applies to either of these periods of leave without pay.
     a.                                                                                                                                                                                                                                            A period longer than 21 consecutive days.
     b.                                                                                                                                                                                                                                            A period totalling more than 21 days, if the member takes leave without pay immediately before or after another period that salary is not payable for.
3.   The periods in paragraphs 2.a and 2.b do not count as qualifying service for any of the following.
     a.                                                                                                                                                                                                                                            Defence Force Retirement and Death Benefit (DFRDB) purposes. There is still cover for invalidity benefits during the period.
     c.                                                                                                                                                                                                                                            A Defence Service Home Loan, for a member who must serve an initial qualifying period to get a loan.
     d.                                                                                                                                                                                                                                            A benefit under the Veterans' Entitlements Act 1986. After qualifying for benefits under the Act, a member has no cover under the Act for an injury or illness that happens during leave without pay.
4.   Leave without pay may affect maternity leave entitlements.
5.   Continuity of service for a particular benefit will not be broken by leave without pay if the conditions for the benefit are met.
6.   A member continues to be entitled to medical and dental treatment while they are on leave without pay. They are not entitled to salary while they are in hospital, undergoing medical treatment, or on convalescence or absence for illness.
7.   A member is not covered by compensation legislation for injuries they suffer during a period of leave without pay.
8.   A member's furniture and effects are not to be stored for the period of leave without pay.
9.   A member on leave without pay has no eligibility for compassionate or carer's leave. This is because they are already on leave.
10.  Leave without pay may affect qualifying service for the Military Superannuation and Benefits Scheme (MSBS) retention benefit.
11.  A member on leave without pay is not required to stay fit or deployable.

5.10.8 Payment of charges

1.  A member must continue to pay for services or facilities they continue to receive while they are on leave without pay.
2.  A member who has been granted leave without pay must notify the Defence Housing Australia in writing. This allows the member to arrange housing contribution payments during the leave.

Part 11: Short absence

Division 1: Short absence for rest