Long Service Leave (State Employees) Regulations 1994 (TAS)

Long Service Leave (State Employees) Regulations 1994

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Long Service Leave (State Employees) Act 1994 .11 April 1994

P. H. BENNETT

Governor

By His Excellency’s Command,

JOHN BESWICK

Minister for Industrial Relations and Training

1Short titleThese regulations may be cited as the Long Service Leave (State Employees) Regulations 1994 . 2CommencementThese regulations take effect on 1 May 1994. 3InterpretationIn these regulations, the Act means the Long Service Leave (State Employees) Act 1994 . 4Prescribed officesFor the purposes of paragraph (c) of the definition of "prescribed authority" in section 3 of the Act, the following is a prescribed office:

Manager – Corporate Support.

5HolidaysThe following days are prescribed holidays for the purposes of sections 11(2)(e) and 13(1)(b) of the Act: (a) New Year’s Day; (b) Australia Day; (c) the 1st Monday in March; (d) Good Friday; (e) Easter Monday; (f) Easter Tuesday; (g) Anzac Day; (h) Queen’s Birthday; (i) Christmas Day; (j) Boxing Day; (k) the 1st Monday in November, for employees in a part of the State for which that day is appointed as a bank holiday within the meaning of the Bank Holidays Act 1919 ; (l) Regatta Day, for employees in a part of the State for which that day is appointed as a bank holiday within the meaning of the Bank Holidays Act 1919 . 6Appeals (1) An appeal under section 22 of the Act is to be instituted by notice of appeal in accordance with Form 1 . (2)  On the hearing of an appeal, evidence and matters not raised before a Commissioner may only be admitted by leave of the Full Bench hearing the appeal. (3)  A Full Bench may determine whether it is to hear both evidence and argument in respect of an appeal. (4)  On the hearing of an appeal, a Full Bench – (a) is to act according to equity, good conscience and the merits of the matter without regard to technicalities or legal forms; and (b) may direct itself by the best evidence it can obtain, whether that evidence is admissible in a court or not. (5)  On the hearing of an appeal, a Full Bench is to consider any reason given by a Commissioner for any determination. (6)  Division 2 of Part II of the Evidence Act 1910 applies to the proceedings in any appeal before a Full Bench as if – (a) the Full Bench were a body of inquiry as is referred to in section 14(1)(b) of that Act; and (b) section 19(2) of that Act were omitted. Schedule 1FormsForm 1

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 20 April 1994

These regulations are administered in the Department of Industrial Relations, Vocational Education and Training.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations prescribe –

(a) offices and holidays for the purposes of the Long Service Leave (State Employees) Act 1994 ; and (b) the form in which an appeal under that Act may be instituted; and (c) the manner in which an appeal under that Act is to be instituted, heard and determined.