Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO.355

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 355

Issued by the Authority of the Minister for Industrial Relations

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

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 continuously in Government service.

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.

Subregulation 8(1) of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that, for the purposes of section 11 of the Act, a period of employment in the service of a body referred to in column 2 of Schedule 2 is taken to be Government service. Subregulation 8(2) further provides that, where in column 3 of Schedule 2 there is reference to employment in specific circumstances or for a particular period, the employment referred to in subregulation 8(1) is limited to those circumstances or period of time.

It has been longstanding practice to recognise as service, of persons now employed by Commonwealth bodies, periods of employment prior to takeover of the functions of a body by the relevant Commonwealth body.

Section 6 of the Anglo-Australian Telescope Agreement Act 1970 established the AngloAustralian Telescope Board (the Board) as a body corporate. The Science and Engineering Research Council (the Council) is a body corporate established by the Science and Technology Act 1965 (UK). In 1974 the Council established the United Kingdom Schmidt Telescope Unit (the UKSTU) in New South Wales, as an outstation of the Council. By an agreement dated 15 June 1988 the Council transferred to the Board the functions of the UKSTU.

For a number of years prior to this transfer two employees holding permanent positions with the Council worked with the UKSTU.

Schedule 2 of the Regulations has been amended to include service with the UKSTU, prior to its transfer to the Board in 1988, of persons employed by the Council.


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