(1) The following periods of service are to be included when calculating long service leave entitlements—
(a) if the member's service is not continuous, the aggregate of all periods of the member's service; and
(b) any period in respect of which a pension under section 68(3) of the Superannuation Act 1958 , section 20G(1) of the Emergency Services Superannuation Act 1986 or section 83A of the State Superannuation Act 1988 (as in force from time to time) was paid; and
(c) any period during which the member was absent on—
(i) authorised leave with pay; or
(ii) long service leave with full or half pay; or
(iii) personal leave without pay, if the member has a medical certificate in relation to that period; or
(iv) leave to undertake defence service within the meaning of the Defence Reserve Service (Protection) Act 2001 of the Commonwealth.
(2) The following periods of service are not to be included when calculating long service leave entitlements—
(a) any period which preceded an absence from a service duty referred to in regulation 33(b) or (c), if the absence was for a continuous period of more than 12 months; or
(b) any period of leave without pay; or
(c) any period that the member was suspended or dismissed from service as a result of that member's actions.
(3) Subregulation (2)(a) does not apply to an absence from duty—
(a) to which subregulation (1)(b) or (c) applies; or
(b) which resulted from retirement because of ill-health; or
(c) which resulted from retrenchment and which was for a period of less than 5 years; or
(d) which resulted from resignation and which was for a period of less than 5 years, if the Chief Commissioner is of the opinion that the resignation resulted from special circumstances including—
(i) a pressing personal or domestic necessity deserving compassionate consideration; or
(ii) changes in the work environment or career direction of a member which required an interruption to the course of that member's service.