Long Service Leave (State Employees) Amendment Act 2003
An Act to amend the Long Service Leave (State Employees) Act 1994
[Royal Assent 16 April 2003]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Long Service Leave (State Employees) Amendment Act 2003 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Long Service Leave (State Employees) Act 1994 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting "person who is employed in any capacity by the State," from the definition of employee and substituting "State Service officer, State Service employee or any other person who is employed in any capacity by". 5Section 3A insertedAfter section 3 of the Principal Act , the following section is inserted in Part 1: 3AAmendment to Schedule 1 (1) The Governor may amend Schedule 1 – (a) by omitting the name of any employee, class of employees or prescribed authority; or (b) by inserting the name of any employee, class of employees or prescribed authority; or (c) where the name of any employee, class of employees or prescribed authority is changed, by omitting the name of that employee, class of employees or prescribed authority and substituting the new name. (2) The Governor may, by order, omit Schedule 1 and substitute a Schedule containing in Column 1 the names of any employee or class of employees and containing in Column 2 the titles or other description of any prescribed authority. 6Section 9 amended (Employees previously employed by Commonwealth, &c.) Section 9(1) of the Principal Act is amended by inserting "and if the employee has not received any payment in respect of that long service leave" after "ceased to be so employed". 7Section 10 amended (Continuous employment) Section 10 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "in the employment of the State" and substituting "as an employee"; (b) by omitting subsection (4) and substituting the following subsection: (4) The continuous employment of an employee ceases on the day on which the employee is dismissed, resigns or retires. (c) by inserting the following subsection after subsection (5) : (6) Subsection (4) as substituted by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have commenced on 1 May 2001. 8Section 11 amended (Length of employment) Section 11 of the Principal Act is amended as follows: (a) by omitting paragraph (a) from subsection (3) ; (b) by inserting the following subsection after subsection (4) : (5) The amendment of subsection (3) made by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have commenced on 1 May 2001. 9Section 14 repealed Section 14 of the Principal Act is repealed. 10Section 15 substituted Section 15 of the Principal Act is repealed and the following section is substituted: 15Maximum amount of long service leave An employee is not entitled to be credited with a period of long service leave in excess of 100 days unless the Minister has given permission as provided by section 16 . 11Section 21 amended (Disputes) Section 21 of the Principal Act is amended as follows: (a) by omitting paragraph (e) from subsection (1) ; (b) by omitting paragraphs (c) , (d) and (e) from subsection (4) . 12Schedule 1 substituted Schedule 1 to the Principal Act is repealed and the following Schedule is substituted: Schedule 1Prescribed Authorities Sections 3 and 3A
COLUMN 1 Employee or class of employees | COLUMN 2 Prescribed authority |
Employees employed in the Legislative Council | The President of the Legislative Council |
Employees employed in the House of Assembly | The Speaker of the House of Assembly |
Employees employed on the recommendation of the President of the Legislative Council and the Speaker of the House of Assembly | The President of the Legislative Council and the Speaker of the House of Assembly acting jointly |
Employees employed at Government House | The Official Secretary and Head of the Governor’s Establishment |
Employees employed by the Stanley Cool Stores Board | The Stanley Cool Stores Board |
Employees employed under the Police Regulation Act 1898 | The Commissioner of Police |
[Second reading presentation speech made in:
House of Assembly on 19 MARCH 2003
Legislative Council on 26 MARCH 2003]