Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO.56

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 56

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

Long Service Leave (Commonwealth Employees) Act 1976

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 employed 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.

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 has been longstanding practice to recognise service with organisations that are wholly Commonwealth-owned as service for the purposes of section 11 of the Act.

The Phosphate Mining Corporation of Christmas Island Limited (the Corporation) was incorporated on 24 June 1981 and was wholly owned by the Australian Government. It ceased operations under the above name in November 1985.

The amendment to the Regulations includes the Corporation in Schedule 2. The amendment will allow an ex-employee of the Corporation to have her service with the Corporation recognised for long service leave purposes.


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