Application for leaveApplication for leave

Application for leave

4.14 If a Secretary wishes to take any recreation leave, long service leave, personal leave or maternity leave to which he or she is entitled, or a mixture of them, he or she must apply:

(a) for a total period of 3 months or less — to the Secretary's Minister; and

(b) for a total period of more than 3 months — to the Prime Minister or his or her delegate.

PART 5 - LOSS OF OFFICE

5.1 Where a Secretary is terminated in accordance with the provisions of subsection 59(1) of the Public Service Act 1999 and the Commonwealth has not made the Secretary an offer of suitable alternative employment, the Secretary is entitled upon his or her termination to be paid:

(a) for a termination 12 months or more before the end of the Secretary’s term of appointment — 12 months’ Reference Salary at the time of termination; or

(b) for a termination less than 12 months before the end of the Secretary’s term of appointment — 1 month’s Reference Salary for each full month of the balance of the term not served, subject to a minimum payment of 6 months’ Reference Salary at the time of termination.

5.2 In determining whether, for the purpose of clause 5.1, there has been an offer of suitable alternative employment, account is to be taken of any offer of employment with the Commonwealth, the administration of a Territory, or a public statutory corporation referred to in paragraph 3(4)(d) of the Remuneration Tribunal Act 1973, or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation, or an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth or by a public statutory corporation.

5.3 If:

(a) a Secretary who has been terminated (the ‘former Secretary’) is appointed to suitable alternative employment in an office within the jurisdiction of the Tribunal; and

(b) the Total Remuneration that applies to that position is less than the Total Remuneration for the lowest pay point in the classification level of the office from which the former Secretary has been terminated;

then the Tribunal may determine that, for up to 12 months from the appointment:

(c) the former Secretary is entitled to Total Remuneration at that pay point; and

(d) the former Secretary's superannuation salary for the purposes of a Commonwealth defined benefits scheme will be 70% of that Total Remuneration.

Note: The Remuneration Tribunal will make an individual determination in each case.

PART 6 - NOTICE OF A DECISION NOT TO REAPPOINT