14Higher duties allowance

14 Higher duties allowance

(1) Salary includes an allowance (a higher duties allowance) payable to a person in respect of the performance of the duties of an office having a higher classification than the person’s own office. (2) The conditions subject to which higher duties allowance is to be included in salary are all of the following: (a) that the salary that has been paid or is payable to the employee in respect of the employee’s employment on the relevant day includes an amount in respect of higher duties allowance; (b) that the approving authority has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, the part of the period of long service leave in respect of which the salary is payable, the employee could, if the employee were not absent on long service leave, reasonably have been expected to perform: (i) the duties that the employee was performing, or would, but for the employee’s absence on authorised leave, have performed on the relevant day; or (ii) where the employee has performed, or would, but for the employee’s absence on authorised leave, have performed, for periods that were continuous with one another and with the period of long service leave, the duties of 2 or more offices each of which has a higher classification than the employee’s own classification—the duties of the office, being one of those last‑mentioned offices, specified in the certificate; (c) that the period specified in the certificate referred to in paragraph (b) of this subsection is a period that commences on the expiration of: (i) the relevant day; or (ii) a period specified in a certificate given in accordance with paragraph (b) of this subsection by the approving authority in respect of another part of the period of long service leave of the employee. (3) Where: (a) the salary payable in accordance with section 20 of the Act to an employee referred to in subparagraph (2)(b)(ii) of this section, in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance; and (b) the approving authority has in accordance with paragraph (2)(b) of this section specified in a certificate given in respect of that part of the period of long service leave of the employee an office other than the office the duties of which the employee was performing, or would, but for the employee’s absence on authorised leave, have performed on the relevant day; that amount is to be included in the salary payable to the employee in respect of that part of the period of long service leave to the extent only that it would be so included if the employee had performed on the relevant day the duties of the office specified in the certificate. (4) The condition subject to which a payment in accordance with subsection 16(4) or 17(2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance is: (a) that the person has, or would, but for the person’s absence on authorised leave, have, during a continuous period of not less than 12 months ending on the expiration of the relevant day, performed the duties of a single office having a higher classification than the person’s own office; or (b) that, immediately before the person ceased to be an employee, the person has, or would, but for the person’s absence on authorised leave, have performed the duties of 2 or more offices each of which has a higher classification than the person’s own classification for periods that were continuous with one another and the aggregate of which is not less than 12 months. (5) Where: (a) a payment in accordance with subsection 16(4) or 17(2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance; and (b) paragraph (4)(b) of this section applies to the person; and (c) at any time during the period of 12 months immediately preceding the relevant day, the person performed the duties of an office in respect of which higher duties allowance was payable to the person at a rate that is lower than the rate of the allowance payable to the person for the duties performed by the person on the relevant day; that amount is to be included in the payment referred to in paragraph (a) of this subsection to the extent only that it would be so included if the person had performed on the relevant day the duties in respect of which higher duties allowance was payable to the person at the lower or lowest rate, as the case may be, at which such an allowance was payable to the person during that period of 12 months. (6) In this instrument: