Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 24

24. (1) Where an employee ceased to be an employee on or after 1 January 1973
and before the commencement of this Act and the amount that the approving
authority could have authorized to be paid to or in relation to him under this
Act upon his ceasing to be such an employee if this Act and the
Public Service  Amendment Act 1976 had come into operation on that
first-mentioned date exceeds the amount (if any) or the sum of the amounts (if
any) that have been authorized or are authorized to be paid to or in relation
to him under whichever of the relevant provisions were applicable to the
employee-

   (a)  if the employee ceased to be an employee by reason of his death-

        (i)    the approving authority may authorize payment to a dependant of
               the employee of an amount equal to, or payment to 2 or more
               dependants of the employee of amounts aggregating, the excess;

        (ii)   if the approving authority has not authorized a payment to a
               dependant, or payments to dependants, under sub- paragraph (i),
               the approving authority may authorize payment of an amount
               equal to the excess to the legal personal representative of the
               employee; and

        (iii)  if the approving authority has not authorized any payment under
               sub-paragraph (i) or (ii) within 12 months after the
               commencement of this Act or, if it has been directed that the
               death of the employee is to be presumed to have occurred,
               within 12 months after the date on which that direction was
               given, the approving authority shall authorize payment of an
               amount equal to the excess to the legal personal representative
               of the employee;

   (b)  if the employee has died after ceasing to be an employee-the approving
        authority shall authorize payment of an amount equal to the excess to
        the legal personal representative of the employee; or

   (c)  in any other case-the approving authority shall authorize payment of
        an amount equal to the excess to the employee.

(2) Where there are 2 or more dependants of a deceased employee in relation to
whom paragraph (1) (a) applies, the approving authority shall, in exercising
the power conferred on it by sub-paragraph (1) (a) (i), have regard to the
respective losses suffered by those dependants as a result of the loss of
earnings of the employee.

(3) In sub-section (1), a reference to the relevant provisions is a reference
to any of the following provisions:-

   (a)  sections 7 and 8 of the Commonwealth Employees' Furlough Act 1943;

   (b)  sections 54C, 73, 74, 75A, 81K and 81V of the Public Service Act 1922;
        and

   (c)  section 14 of the Statistics (Arrangements with States) Act 1956.