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1 general conditions of employment - Department of Education and ...

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4 LEAVE2002, staff members eligible for recognition <strong>of</strong> service are those who: commenced <strong>employment</strong> with the NSW <strong>Department</strong> <strong>of</strong> <strong>Education</strong> <strong>and</strong>Training after 1 January 2006; <strong>and</strong> were previously employed in a Commonwealth, interstate or NSWgovernment agency identified as such through the HR Expert Agency InquiryOption.4.5.10.4 Staff Members Dismissed From Previous EmploymentThe provisions <strong>of</strong> the Transferred Officers Extended Leave Act 1961 do not apply tostaff who were dismissed from their previous <strong>employment</strong>, except where thedismissal was by reason <strong>of</strong> retrenchment or reduction <strong>of</strong> work.4.5.10.5 Service Recognised by Previous EmployerWhen a staff member transfers to a department from an employer declared under theTransferred Officers Extended Leave Act 1961 <strong>and</strong> where such service is acceptedby the current employer, all such service accepted by the previous employer forextended leave purposes shall be taken into account to the same extent as hasalready been allowed by the previous employer.4.5.11 SERVICE DEEMED TO BE CONTINUOUS4.5.11.1 Criteria for Continuous Service: Transferred Officers Extended Leave Act 1961For the purposes <strong>of</strong> the Transferred Officers Extended Leave Act 1961, a staffmember's service shall be deemed continuous if:a) the staff member entered on duty in a NSW Public Service department on thenext working day following cessation <strong>of</strong> <strong>employment</strong> with the former declaredemployer; orb) the staff member has been accepted for <strong>employment</strong> by a NSW Public Servicedepartment prior to the last day <strong>of</strong> service with the former declared employer, inwhich case a break <strong>of</strong> up to two months may be allowed between cessation <strong>of</strong>duty with the former employer <strong>and</strong> commencement <strong>of</strong> duty in the NSW PublicService department;c) after retrenchment, the staff member is re-employed by the same employerwithin twelve months <strong>of</strong> the date <strong>of</strong> retrenchment; ord) immediately after attending a full time course <strong>of</strong> training under theCommonwealth Reconstruction Training Scheme (CRTS), the staff member wasre-employed by the same employer.e) If a staff member has had a period <strong>of</strong> service with the armed forces <strong>of</strong> Australiathat was during or partly during a period <strong>of</strong> war in which the Naval, Military or AirForces <strong>of</strong> Australia were engaged, the maximum break allowed between ceasingservice with the armed forces <strong>and</strong> entering on duty in a department shall betwelve months. This time limit also applies to members <strong>of</strong> the armed forces whohave served in an area prescribed as an operational area for the purposes <strong>of</strong>subsection 2 <strong>of</strong> Section 4 <strong>of</strong> the Transferred Officers Extended Leave Act 1961(i.e. Special Service).H<strong>and</strong>book for non teaching staff in schools 2007 Page 4 - 30

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