Document ID: chunk:federal_register_of_legislation:C2023C00339:section:13:p3
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 13 (pt 3/4)
Character Range: 37877–40432

applies in a service of a kind referred to in paragraph 11(2)(c), (d) or (f) has commenced after, but not immediately after, the expiration of the period of his or her relevant employment, those periods of employment shall, for the purposes of this Act, be deemed to be continuous with one another if the approving authority is satisfied that:
 (a) the termination of his or her employment at the expiration of the period of his or her relevant employment was due to his or her ill‑health; and
 (b) the commencement of that first‑mentioned period of employment occurred not more than 12 months after his or her health became so restored as to enable him or her to perform duties of a kind that were suitable to be performed by him or her having regard to the duties performed by him or her immediately before the expiration of the period of his or her relevant employment.
 (9) Where a continuous period of employment of a person to whom this section applies in a service of a kind referred to in paragraph 11(2)(a) or (b) has commenced after, but not immediately after, the termination of the period of his or her relevant employment, those periods of employment shall, for the purposes of this Act, be deemed to be continuous with one another if the approving authority is satisfied that:
 (a) the termination of his or her employment at the expiration of his or her period of relevant employment was due to his or her ill‑health;
 (b) he or she was, due to his or her ill‑health, unemployed for a period immediately following the expiration of the period of his or her relevant employment; and
 (c) he or she became employed in that first‑mentioned employment not more than 12 months after the expiration of the period of unemployment referred to in paragraph (b).
 (10) Where, by virtue of subsection (6), (7), (8) or (9), 2 periods of employment of a person to whom this section applies are to be deemed to be continuous with one another although they are separated by another period, the person shall not, by virtue of that subsection, be deemed to be employed in a qualifying service during that other period.
 (11) A person employed in the service of the Commonwealth as a member of the Australian Staffing Assistance Group who is not so employed on transfer from the Australian Public Service under an arrangement made under section 47D of the Public Service Act 1922 shall not be taken, by reason only of being employed as a member of that Group, to be, or to have been, employed in Government Service for the purposes of this Act while employed