54AValidation of certain leave balances and purported actions

54A Validation of certain leave balances and purported actions

[Section 54A Inserted by No. 35 of 2020, s. 5, Applied:17 Nov 2020]

(1)  In this section –

commencement day means the day on which the State Service Amendment (Validation) Act 2020 commences;

maximum entitlement to recreation leave, in relation to an employee, means the maximum amount of recreation leave that, immediately before the commencement day, the employee was entitled to retain under the regulations.

(2)  A payment, made under an award before the commencement day, to an employee or former employee in lieu of an entitlement to recreation leave is not invalid solely on the basis that the payment related to an entitlement to recreation leave that was greater than the employee’s maximum entitlement to recreation leave.

(3)  A period of recreation leave taken by an employee or former employee, before the commencement day, is not invalid solely on the basis that the amount of recreation leave so taken was greater than the employee’s maximum entitlement to recreation leave.

(4)  An entitlement to an amount of recreation leave accumulated by an employee, or former employee, before the commencement day is not invalid solely on the basis that the amount of recreation leave so accumulated was greater than the employee’s maximum entitlement to recreation leave.

(5)  For the avoidance of doubt, the revocation of a regulation under the State Service Amendment (Validation) Act 2020 does not prevent the regulations from being amended to include, or being remade with, a regulation on the same subject matter and to the same, or substantially the same, effect.