Public Service Management and Employment Amendment Regulation (No. 3) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 222 Public Service Management and Employment Act 1988 PUBLIC SERVICE MANAGEMENT AND EMPLOYMENT AMENDMENT REGULATION (No. 3) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 25A Leave entitlement in hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 25B Variation of ordinary working hours . . . . . . . . . . . . . . . . . . . . . . . . . . 3 25C Leave to be granted on an hourly basis . . . . . . . . . . . . . . . . . . . . . . . 4 25D Leave based on number of hours that officer would have worked . . 4 5 Amendment of s.27 (Recreation leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 9—TRANSITIONAL MATTERS 67 Transitional provisions because of section 27(1) . . . . . . . . . . . . . . . 5

2 Public Service Management and Employment Amendment (No. 3) No. 222, 1992 ˙ Short title 1. This regulation may be cited as the Public Service Management and Employment Amendment Regulation (No. 3) 1992 . ˙ Amended regulation 2. The Public Service Management and Employment Regulation 1988 is amended as set out in this regulation. ˙ Amendment of s.4 (Interpretation) 3. Section 4— insert— ‘ “award” has the meaning given in the Industrial Relations Act 1990 ; “daily hours or notional daily hours” , in relation to an officer, means— (a) if the number of hours for the officer’s ordinary working day are specified in an award, industrial agreement, contract or determination of the Governor in Council—the number of hours for the officer’s ordinary working day so specified; or (b) in any other case—the number of hours that is ascertainable from the relevant award, industrial agreement, contract or determination of the Governor in Council as the average number of hours per working day of the officer during a pay period or other period reasonable in the circumstances; “industrial agreement” has the meaning given in the Industrial RelationsAct 1990 ; ’. ˙ Insertion of new sections 4. After section 25— insert— ˙ ‘Leave entitlement in hours ‘25A.(1) If an officer’s leave entitlement—

3 Public Service Management and Employment Amendment (No. 3) No. 222, 1992 (a) in a section of this regulation; or (b) in a determination, or ruling, made by the Governor in Council; is expressed in working days, this section applies. ‘(2) The officer’s leave entitlement may be read as if it were expressed in working hours using the following formula— LE = WD x DH ‘(3) In subsection (2)— “LE” (leave entitlement) means the amount of leave entitlement expressed in working hours to which the officer is entitled; “WD” (working days) means the number of working days set out in the regulation, determination or ruling; “DH” ( daily hours) means the officer’s daily hours or notional daily hours. ˙ ‘Variation of ordinary working hours ‘25B.(1) This section applies if a department’s system for recording particulars of leave granted to an officer in the department is based on working hours and the daily hours or notional daily hours of an officer change. ‘(2) The leave entitlements accumulated by the officer must be converted in accordance with the following formula— LAC= LBC x HAC HBC ‘(3) In subsection (2)— “LAC” (leave entitlement after change) means the hours of leave to which the officer is entitled after the change; “LBC” (leave entitlement before change) means the leave entitlement of the officer expressed in hours before the change; “HAC” (daily hours after change) means the officer’s daily hours or

4 Public Service Management and Employment Amendment (No. 3) No. 222, 1992 notional daily hours after the change; “HBC” (daily hours before change) means the officer’s daily hours or notional daily hours before the change; ˙ ‘Leave to be granted on an hourly basis ‘25C. If an officer applies for leave on a basis other than an hourly basis, the leave may be granted on an hourly basis. ˙ ‘Leave based on number of hours that officer would have worked ‘25D.(1) If an officer is rostered to work a specific number of hours on a day and the officer is absent from duty on that day or for part of it, the officer’s leave account is to be reduced by the number of hours that the officer was rostered to work on that day but did not work. ‘(2) Subsection (1) applies even though the officer’s leave account is debited by a different number of hours than the officer’s daily hours or notional daily hours. ’. ˙ Amendment of s.27 (Recreation leave) 5. Section 27(1)— omit, insert— ‘(1) Entitlement. Subject to subsection (2), an officer is entitled to recreation leave on full salary in accordance with the following— (a) if the officer’s headquarters are in the southern and eastern region—20 working days for each year of service and proportionate amount for an incomplete year of service but so as not to accumulate more than 40 working days of recreation leave; (b) if the officer’s headquarters are in the northern and western region—25 working days for each year of service and a proportionate amount for an incomplete year of service but so as not to accumulate more than 50 working days of recreation leave. ‘(1A) For the purposes of this section—

5 Public Service Management and Employment Amendment (No. 3) No. 222, 1992 (a) the southern and eastern region consists of any part of the State which is both— (i) to the south of the 22nd parallel of south latitude; and (ii) to the east of 147 degrees east longitude; but excluding the township of Moranbah; and (b) the northern and western region consists of any part of the State not contained within the southern and eastern region. ’. ˙ Insertion of new Part 6. After Part 8— insert— ‘PART 9—TRANSITIONAL MATTERS ˙ ‘Transitional provisions because of section 27(1) ‘67.(1) In this section— “monthly due date” of an officer is the day after a completed month of service for the officer under section 27(1) of the former regulation. “commencement” means the commencement of section 5; “former regulation” means the PublicServiceManagementandEmployment Regulation 1988 before the commencement; “relevantofficer” means an officer whose monthly due date is not the day of the commencement. (2) For the purposes of section 27(1) after the commencement, a relevant officer’s year of service starts on the monthly due date during the officer’s first month of service after the commencement. (3) Until the relevant officer’s year of service starts, the officer continues to accrue leave under section 27(1) of the former regulation as if that section had not been amended. ’.

6 Public Service Management and Employment Amendment (No. 3) No. 222, 1992 ENDNOTES 1. Made by the Governor in Council on 16 July 1992. 2. Notified in the Gazette on 17 July 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Vocational Education, Training and Industrial Relations. The State of Queensland 1992