Long Service Leave (Commonwealth Employees) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE LONG
SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated this twenty-eighth day of February 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
P. DURACK
Attorney-General for and on behalf of the
Prime Minister
_______________
AMENDMENT OF THE LONG SERVICE LEAVE
(COMMONWEALTH EMPLOYEES) REGULATIONS
Regulation 4B of the Long Service Leave (Commonwealth Employees) Regulations is amended by omitting sub-regulations (2) and (3) and substituting the following sub‑regulations:
“(2) The conditions subject to which the salary payable in accordance with section 20 of the Act to an employee in respect of any part of a period of long service leave granted to him under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance are–
(a) that the salary that has been paid or is payable to the employee in respect of his employment on the relevant day includes an amount in respect of higher duties allowance;
(b) that the approving authority has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, the part of the period of long service leave in respect of which the salary is payable, the employee could, if he were not absent on long service leave, reasonably have been expected to perform–
(i) the duties that he was performing, or would, but for his absence on authorized leave, have performed on the relevant day; or
(ii) where the employee has performed, or would, but for his absence on authorized leave, have performed, for periods that were continuous with one another and with the period of long service leave, the duties of 2 or more offices each of which has a higher classification than his own–the duties of the office, being one of those last-mentioned offices, specified in the certificate; and
(c) that the period specified in the certificate referred to in paragraph (b) is a period that commences on the expiration of–
(i) the relevant day; or
(ii) a period specified in a certificate given in accordance with paragraph (b) by the approving authority in respect of another part of the period of long service leave of the employee.
“(3) Where–
(a) the salary payable in accordance with section 20 of the Act to an employee, being an employee referred to in sub-paragraph (2) (b) (ii), in respect of any part of a period of long service leave granted to him under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance; and
(b) the approving authority has in accordance with paragraph (2) (b) specified in a certificate given in respect of that part of the period of long service leave of the employee an office other than the office the duties of which the employee was performing, or would, but for his absence on authorized leave, have performed on the relevant day,
that amount is to be included in the salary payable to the employee in respect of that part of the period of long service leave to the extent only that it would be so included if the employee had performed on the relevant day the duties of the office specified in the certificate.
“(4) The condition subject to which a payment in accordance with sub-section 16 (4) or 17 (2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance is–
(a) that the person has, or would, but for his absence on authorized leave, have, during a continuous period of not less than 12 months ending on the expiration of the relevant day, performed the duties of a single office having a higher classification than his own; or
(b) that, immediately before he ceased to be an employee, the person has, or would, but for his absence on authorized leave, have performed the duties of 2 or more offices each of which has a higher classification than his own for periods that were continuous with one another and the aggregate of which is not less than 12 months.
“(5) Where–
(a) a payment in accordance with sub-section 16 (4) or 17 (2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance; and
(b) at any time during the period of 12 months immediately preceding the relevant day, the person (being a person referred to in paragraph (4) (b)) performed the duties of an office in respect of which higher duties allowance was payable to him at a rate that is lower than the rate of the allowance payable to him in respect of the duties performed by him on the relevant day,
that amount is to be included in the payment referred to in paragraph (a) to the extent only that it would be so included if the person had performed on the relevant day the duties in respect of which higher duties allowance was payable to him at the lower or lowest rate, as the case may be, at which such an allowance was payable to him during that period of 12 months.
“(6) In this regulation, “relevant day”–
(a) in relation to an employee who has been granted long service leave, means the day immediately preceding the day on which that leave commences; and
(b) in relation to a person who ceases to be an employee, means the day on which he ceases to be an employee.”.
(1) Where sub-regulation 4B (2) or (3) of the former Regulations would, if the amendments of the Long Service Leave (Commonwealth Employees) Regulations effected by these Regulations had not come into operation, apply to an employee in relation to the whole of a period of long service leave that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of sub-regulation 4B (2) or (3) of the former Regulations, as the case may be, shall continue to apply to the employee in respect of that period of long service leave as if those amendments had not come into operation.
(2) Where–
(a) a prescribed employee has proceeded on long service leave at any time after the commencement of these Regulations and the approving authority has, in accordance with paragraph 4B (2) (b) of the amended Regulations, given–
(i) a certificate in respect of a part of the period of long service leave of the prescribed employee; or
(ii) certificates in respect of 2 or more parts of that period of long service leave the aggregate of which is less than the whole of the period;
(b) sub-regulation 4B (2) or (3) of the former Regulations would, but for the amendments effected by these Regulations, apply to the prescribed employee in respect of that period of leave; and
(c) the amount of higher duties allowance that would be payable to the prescribed employee in respect of the whole of that period of long service leave if sub‑regulation 4B (2) or (3) of the former Regulations, as the case may be, so applied to him exceeds the amount of higher duties allowance that, but for this sub‑regulation, the prescribed employee would be entitled to receive in respect of the whole of that period of long service leave by virtue of sub-regulation 4B (2), or sub‑regulations 4B (2) and (3), of the amended Regulations, as the case may be,
the provisions of sub-regulation 4B (2) or (3) of the former Regulations, as the case may be, shall apply to the employee in respect of that period of long service leave as if the amendments effected by these Regulations had not come into operation.
(3) In this regulation, unless the contrary intention appears–
“prescribed employee” means an employee who has received, or is entitled to receive, in respect of the day that, in relation to him, was the work day immediately preceding the commencement of these Regulations and each day after the commencement of these Regulations that was, or is, a work day in relation to him a salary that included, or includes, an amount in respect of higher duties allowance;
“the amended Regulations” means the Long Service Leave (Commonwealth Employees) Regulations as amended by these Regulations;
“the former Regulations” means the Long Service Leave (Commonwealth Employees) regulations as in force immediately before the commencement of these Regulations;
“work day”, in relation to an employee, means any day on which the employee is, or would, but for his absence on authorized leave, be, required to work under the terms and conditions of his employment.
1. Notified in the
Commonwealth of Australia Gazette on 7 March 1979.2. Statutory Rules 1957 No. 49 as amended by Statutory Rules 1967 No. 100; 1968 No. 74; 1969 Nos. 184 and 195; 1970 No. 124; 1972 Nos. 46 and 131; 1973 No. 86; 1974 No. 17; 1976 Nos. 259 and 267; 1977 Nos. 58, 73, 134 and 155; and 1978 Nos. 26, 73, 110, 111 and 269.
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