Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO.99

Statutory Rules 1992 No. 99

(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 8(1) of the Act provides that regulations may be made to include in salary, for the purposes of the Act or of a provision of the Act, allowances of specified kinds.

Regulation 4D of the Long Service Leave (Commonwealth Employees) Regulations provides for salary to include district allowance. An incorrect reference is made to section 21 which is not relevant for this purpose. Regulation 2 omits this reference.

Section 8A of the Act provides that regulations may be made providing that certain payments which might otherwise be included in salary, for the purposes of the Act, are not to be included in salary. The regulations may specify the extent to which such payments are not to be included in salary or prescribe the circumstances in which this is to occur.

Regulation 3 inserts in the Long Service Leave (Commonwealth Employees) Regulations a new regulation 4DC. The new regulation provides that certain overtime payments, shift penalties and related restriction, or on call allowances which might possibly be included in salary under the Act, are not to be included. The regulations do not prevent a penalty payment that as a result of award restructuring is commuted into a single rate of salary from continuing to be included in salary. The regulation describes the Shift Penalty Payment to which it refers.