Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1991 NO. 325

Statutory Rules 1991 No. 325

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

(Issued by the Authority of the Minister for Industrial Relations)

Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 11 of the Act provides that the period of service of an employee for long service leave purposes is the period during which the employee has been employed continuously in Government Service.

Subsection 11(2) of the Act provides, inter alia, that any employment in the service of an authority of a State prior to a period of current employment in Government Service, continuous with that current employment, is included in the period of service for long service leave purposes.

Subsection 7(2) of the Act provides that employment with a person, authority, institution or body (including a company), whether incorporated or not, that is prescribed in the regulations shall be taken into account for the purposes of section 11 as if it had been employment in Government Service.

Regulation 7 of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that, for the purposes of subsection 11(2) of the Act, employment by an authority, institution or body referred to in column 2 of Schedule 1, in the circumstances (where appropriate) referred to in column 3 in that Schedule, is service of an authority of a State.

Regulation 8 of the Regulations provides that, for the purposes of section 11 of the Act, a period of employment in the service of a person, authority, institution or body referred to in column 2 of Schedule 2 is taken to be employment in Government Service.

It was necessary to amend the Regulations to reflect changes in the titles of several tertiary institutions that are prescribed for the purposes of section 11 of the Act.

Schedule 1 of the Regulations was amended to reflect a change in the title of the former Darling Downs Institute of Advanced Education, and two alterations to the title of the former Darwin Community College (an authority of a State has included an authority of the Northern Territory since 1985).

Schedule 2 was amended to reflect an alteration to the title of the former Canberra College of Advanced Education.