33Transitional provisions on commencement of Long Service Leave (State Employees) Amendment Act 2019

33 Transitional provisions on commencement of Long Service Leave (State Employees) Amendment Act 2019

[Section 33 Inserted by No. 49 of 2019, s. 17, Applied:18 Dec 2019]

(1)  Other than as specified in this section, the commencement of the Long Service Leave (State Employees) Amendment Act 2019 does not affect the validity of any of the following matters that occurred under this Act before the commencement of that Act:

(a) the calculation of a period of continuous employment;

(b) the crediting of a period of long service;

(c) the granting of long service leave.

(2)  If a new employee was credited with an entitlement to a period of long service leave, in accordance with this Act, before the commencement of the Long Service Leave (State Employees) Amendment Act 2019  –

(a) that person is taken to have been an employee, within the meaning of this Act, from the time when the period of long service leave was credited to the person under this Act; and

(b) the entitlement to the period of long service leave so credited is not invalid solely on the grounds that it was credited to a person who was not an employee, within the meaning of this Act, during the period of continuous employment in respect of which the leave was credited.

(3)  If a new employee was credited with a period of long service leave under another Act in respect of a period of continuous employment, or otherwise lawfully compensated in lieu of such a period of long service leave, that period of continuous employment is not a period of continuous employment for the purposes of calculating an entitlement to a period of long service leave under this Act.

(4)  In this section –

new employee means a person who –

(a) before the commencement of the Long Service Leave (State Employees) Amendment Act 2019 was not an employee within the meaning of this Act; and