Document ID: chunk:federal_register_of_legislation:C2023C00339:section:12:p1
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 12 (pt 1/4)
Character Range: 25913–28295

12  Continuity of service
 (1) Where a person is, or has been, absent, without the approval of his or her employer, from his or her employment in a qualifying service, otherwise than for a continuous period of more than 12 months, the continuity of the employment of the person in that service shall be deemed not to be, or to have been, broken by that absence, but the person shall be deemed, for the purposes of this Act, not to be, or to have been, employed in that service during the period of the absence.
 (2) For the purposes of this Act, a person shall be deemed not to break, or to have broken, the continuity of his or her employment in a qualifying service by reason of his or her being or having been:
 (a) on leave of absence with pay or part pay; or
 (b) on leave of absence without pay;
and, subject to subsections (3) and (4), the person shall be deemed, for the purposes of this Act, to have been employed in that service during the period of the absence.
 (3) Subject to subsection (4), where a person is or has been absent from his or her employment on leave of absence without pay (not being leave of absence on account of illness or in respect of a period of specified defence service referred to in subsection (10)) and the period during which he or she is or was so absent would, but for this subsection, be included in his or her period of service, the period during which he or she is or was absent on that leave does not form part of his or her period of service for the purposes of this Act:
 (a) unless a chief executive officer, or the person who granted the leave, determined (otherwise than under this Act), either at the time of the grant or at a later time, that the period of absence be included in the person's period of service for the purpose of the granting of long service leave; or
 (b) unless the approving authority determines under this Act that the period during which he or she is or was so absent be included in his or her period of service for the purposes of this Act.
 (4) Where a person is or has been absent from his or her employment in Government Service on leave granted for the purpose of enabling him or her to occupy an executive office as provided in subsection (11):
 (a) the period of the absence shall be reckoned as part of his or her period of service for the purpose of determining whether a provision of this Act that