9ACashing out of pre-2002 extended leave entitlements

9A Cashing out of pre-2002 extended leave entitlements

9A Cashing out of pre-2002 extended leave entitlements

(1) A conditions of service determination may make provision for an alternative extended leave scheme for Judges with pre-2002 extended leave entitlements.

(2) An alternative extended leave scheme is a scheme under which a Judge accrues extended leave on a different basis to his or her pre-2002 extended leave entitlement.

(3) A conditions of service determination may permit a Judge to elect—

(a) to be paid, as a gratuity, the monetary value of the Judge’s pre-2002 extended leave entitlement, and

(b) to accrue extended leave, on and from the date of election, in accordance with the alternative extended leave scheme.

(4) An alternative extended leave scheme may provide that the Judge accrues extended leave as if the Judge had first been appointed as a Magistrate or Judge on or after the election takes effect (that is, disregarding service as a Magistrate or Judge or in the government sector before the election takes effect).

(5) In this section, a pre-2002 extended leave entitlement is any right to extended leave or to accrue extended leave that a person appointed as a Magistrate before 20 September 2002 has by virtue of section 25 (1) of the Local Courts Act 1982, as in force immediately before its repeal.

Note.

Section 30 (1) (c) of the Interpretation Act 1987 provides that the repeal of an Act does not affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act.