State Service Regulations 2001 (TAS)

State Service Regulations 2001

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, make the following regulations under the State Service Act 2000 .9 April 2001

G. S. M. GREEN

Governor

By His Excellency’s Command,

J. A. BACON

Premier

PART 1Preliminary1Short titleThese regulations may be cited as the State Service Regulations 2001 . 2CommencementThese regulations take effect on the day on which the State Service Act 2000 commences. 3Interpretation (1)  In these regulations, unless the contrary intention appears – the Act means the State Service Act 2000 ; dependant, in relation to an employee, means – (a) in the case of a relative of the employee, a person who normally resides with the employee; and (b) in any other case, a person who has resided with the employee for a period of at least 12 months – and who is wholly or substantially dependent on the employee for financial support; dwelling-house includes any residential accommodation of a kind commonly known as a flat or home unit that is, or is intended to be, a separate tenement; new locality, in relation to an employee, means the locality to which the employee relocates as a result of an assignment of duties to the employee; old locality, in relation to an employee, means the locality from which the employee relocates as a result of an assignment of duties to the employee; prescribed expenses means – (a) legal fees; and (b) agent’s commission; and (c) stamp duty; and (d) fees payable to the Recorder of Titles or to a person in another State or a Territory of the Commonwealth performing duties of a similar nature to, and for the same purposes as, the Recorder of Titles; and (e) expenses relating to the execution or discharge of a first mortgage; and (f) in the case of a sale of a kind referred to in regulation 19(1)(a) , the reasonable costs of advertising in a newspaper; relative, in relation to an employee, means – (a) the husband or wife of the employee; and (b) a person with whom the employee has cohabited for substantially the whole of the period of 12 months immediately preceding that person’s illness or death; and (c) the parent or step-parent of the employee; and (d) the father-in-law or mother-in-law of the employee; and (e) a child or stepchild of the employee; and (f) a brother or sister, or stepbrother or stepsister, of the employee; and (g) a grandparent of the employee; standing orders means standing orders made by a Head of Agency under section 34(2) of the Act. (2)  For the purposes of the definition of "dependant", a person is taken to be wholly or substantially dependent on an employee if that person receives or is entitled to receive an annual income that is less than the adult minimum wage as determined from time to time by the Tasmanian Industrial Commission. (3)  An employee with dependants is taken to be an employee without dependants where any dependant of the employee receives or is entitled to receive allowances of a similar nature to the payments and allowances specified in regulation 18 by reason of any entitlement arising from any employment, other than as an employee, engaged in by the dependant. (4)  An employee is to notify the relevant Head of Agency as soon as possible of any change in the dependency status of any of the employee’s dependants and the date of that change. 4Availability of Act and regulationsEach Head of Agency is to ensure that all employees employed in that Agency are advised that a copy of the Act, these regulations, Ministerial Directions, Commissioner’s Directions and standing orders issued by the Head of Agency are available for their perusal. 5Prescribed offices for the purposes of section 31(1)(b) of ActThe offices specified in Schedule 1 are prescribed for the purposes of section 31(1)(b) of the Act. PART 2Administration6Authority to pay salaries (1)  Salaries of officers and employees are to be paid in accordance with the Financial Management and Audit Act 1990 . (2)  An officer or employee, if he or she so desires, may be paid, at the commencement of any period of leave of absence granted to the officer or employee for recreation or on account of sickness, his or her salary in full in respect of the whole of that period. (3)  On the death of an officer or employee, any salary owing to the officer or employee is to be paid to his or her legal personal representative or, if the relevant Head of Agency so directs, to his or her spouse or to any person who the Head of Agency is satisfied was dependent on the officer or employee at the time of his or her death. (4)  Subregulations (2) and (3) do not apply in respect of long service leave under the Long Service Leave (State Employees) Act 1994 . 7Deductions from salaries (1)  If an officer or employee occupies for the purpose of residence a building or part of a building that belongs to or is occupied by or on behalf of the Crown, or receives, or is provided with, fuel, lighting, power, board or other facilities or amenities of a similar nature, there is to be deducted from the salary payable to the officer or employee – (a) if an award is applicable to the officer or employee, such sum (if any) as may be specified in the award; or (b) if no award is applicable to the officer or employee, such sum (if any) as the Minister may determine. (2)  No deduction is to be made from the salary of an officer or employee except as provided by these regulations, an award or by any Act regulating contributions to any superannuation fund. (3)  Unless the Treasurer otherwise directs, an officer or employee may, by notice in writing to the Agency in which the officer or employee is employed, authorise, for each pay day during the currency of the notice, deductions from the salary payable to the officer or employee and pay to the employee organisation or any other organisation specified in the notice such money as is specified in the notice for any purpose approved by the Treasurer. (4)  A notice under subregulation (3) may authorise the making of deductions from the salary of an officer or employee either for such period as is specified in the notice, or until the notice is revoked by the officer or employee by a further notice in writing to the Agency, and deductions may be made from that salary accordingly. (5)  If money is deducted from the salary of an officer or employee pursuant to a notice under subregulation (3) , the money is to be forwarded, within 7 days after the deduction is made, to the secretary of the employee organisation or another organisation specified in the notice. 8Employee records kept by CommissionerThe following details are prescribed for the purposes of section 18(4) of the Act to be kept in relation to each employee: (a) employment status; (b) surname; (c) given names; (d) title; (e) sex; (f) date of birth; (g) residential post code; (h) date commenced service; (i) Agency; (j) division/branch/section; (k) work location post code; (l) source of funds; (m) award identifier; (n) award level; (o) salary; (p) job title; (q) date employed at present level; (r) hours employed; (s) full-time equivalent factor. 9Annual reports by Heads of AgenciesFor the purposes of section 36(1)(c) of the Act, the following matters are prescribed for inclusion, in addition to the matters specified in paragraphs (a) and (b) of subsection (1) of that section, in the report of a Head of Agency: (a) a description of the Agency’s objectives and structures which covers – (i) an overview of the Agency’s strategic plan, including its aims, functions and related programs; and (ii) an organisation chart illustrating the Agency’s administrative structure, including regional offices, and showing officers of the Agency; and (iii) a description of the relationship between the organisational structure and the program management structure of the Agency; and (iv) details of, and reasons for, any major changes which have taken place in relation to the programs, aims, functions or organisational structure of the Agency; and (v) details of the major initiatives taken by the Agency to develop and give effect to Government policy; (b) the employment policies and practices of the Agency including details of and statistical information (where applicable) relating to – (i) recruitment policies and programs; and (ii) officer and employee development activities; and (iii) workplace diversity programs; and (iv) processes established to ensure employee participation in industrial relations matters within the Agency and any disputes affecting the Agency; and (v) internal grievance procedures; and (vi) occupational health and safety strategies; (c) an outline of the means of public access to the Agency, including – (i) where applicable, details of activities undertaken by the Agency to develop community awareness of the Agency and the services it provides, and any publications of the Agency; and (ii) a list of contact officers and points of public access in relation to services provided by the Agency; and (iii) an outline of the processes available for appeals against decisions made by the Agency; (d) a description of other activities undertaken by the Agency, including details of legislation administered by the Agency together with details of significant changes to that legislation. 10Public notification pursuant to section 52 of ActThe following actions are prescribed for the purposes of section 52 of the Act: (a) appointment of a person as a permanent employee; (b) appointment of a person as a fixed-term employee for a specified term of more than 12 months or for the duration of a specified task that is reasonably estimated to take more than 12 months; (c) a person becoming an employee pursuant to a determination under section 13(1) of the Act; (d) in relation to a person who is employed as a fixed-term employee for less than 12 months, an extension or renewal of the appointment that results in the term of employment being more than 12 months; (e) transfer of a permanent employee to perform duties in another Agency; (f) promotion of a permanent employee; (g) termination or cessation of the employment of a permanent employee; (h) appointment of a person as an officer under section 31 of the Act; (i) termination or cessation of the appointment of an officer; (j) transfer of an officer under section 33 of the Act. 11Public statements by officers and employeesAn officer or employee is not, without the permission of the Minister administering the Agency in which the officer or employee is employed, to make any communication or contribution, directly or indirectly, anonymously or otherwise, on any matter affecting the Agency in which the officer or employee is employed, or the functions or duties of the officer or employee, to any newspaper or publication of a like nature other than – (a) in the case of an officer or employee who is a member of a professional health organisation, a journal or publication relating to or relevant to the profession of that officer or employee; or (b) in the case of an officer or employee who is a member of an employee organisation, a journal or publication issued by or under the authority of that employee organisation. 12GiftsFor the purposes of section 9(12) of the Act, a gift must be declared to the relevant Head of Agency. 13Absence from duty (1)  An employee is not to be absent from duty, without leave, unless reasonable cause for that absence is shown. (2)  An employee who is absent from duty for a period of 14 days without notifying his or her Head of Agency is taken to have abandoned his or her employment. (3)  If an employee is prevented by sickness or any other emergency from attending to duty, the employee is to immediately report the fact to the relevant Head of Agency or, if the employee is an employee of a branch, to the employee in charge or sub-charge of the branch. 14Travelling time and expenses while stationed away from headquarters (1)  If an employee is required for a period of or exceeding 3 months to work away from his or her usual workplace at a distance that requires the employee to live away from his or her usual place of residence, the employee is entitled to travelling time for the purpose of visiting his or her usual place of residence once at least in every period of 3 months while so engaged. (2)  The travelling time referred to in subregulation (1) is to be given to allow the employee to visit his or her usual place of residence at a weekend and is to allow for travelling on the last working day before a weekend and the first working day after a weekend, and the employee is entitled to recover the costs incurred in travelling to and from his or her usual place of residence. 15Review panels (1)  The Commissioner may establish review panels to determine reviews under delegation from the Commissioner. (2)  A review panel established by the Commissioner consists of 3 persons of whom – (a) one is the Commissioner or his or her delegate who is to be the chairperson; and (b) one is a person appointed by the Commissioner from a list of persons nominated by the Minister; and (c) one is a person, who is employed in the State Service, appointed by the Commissioner from a list of persons submitted by one or more of the public sector employee organisations registered with the Tasmanian Industrial Commission. PART 3Allowances with respect to appointment, promotion or assignment of duties16Displacement allowance (1)  If an employee is assigned duties at another location, either as a result of promotion or otherwise not at the employee’s request, and as a result of – (a) the early retirement on the grounds of health or redundancy of the employee; or (b) the death of the employee – there has developed a hardship that can only be alleviated if the employee or surviving dependant of the employee changes accommodation, the employee or surviving dependant is, subject to the approval of the relevant Head of Agency, entitled to an allowance (called "a displacement allowance"). (2)  The displacement allowance is to be a sum determined by the Minister and is to be in the form of reimbursement to the retired employee or the surviving dependant of that employee of – (a) removal expenses associated with moving the furniture and personal belongings of the employee and his or her dependants; and (b) expenses associated with the storage of that furniture and those personal belongings; and (c) the cost of any interim accommodation that may be required by the employee or his or her dependants; and (d) the cost of the conveyance of the employee and his or her dependants. 17Special accommodation payment (1)  If an employee is required in the performance of his or her duties, either on appointment or transfer, or otherwise not at the employee’s request, to relocate from his or her place of residence to another locality, and the relevant Head of Agency is satisfied that – (a) the employee is unable to obtain accommodation for the employee or for his or her dependants in that locality, and as a result incurs additional expense; or (b) there is available in that district for the employee or for the employee and his or her dependants only such accommodation as will, in the opinion of the Head of Agency, involve the employee in excessive expenditure – the relevant Head of Agency may grant to such an employee a special accommodation payment at such rate as the Head of Agency may determine. (2)  A payment under this regulation is to be payable in the first instance for such period, not exceeding 3 months, as the Head of Agency may, in each case, determine, but the Head of Agency may extend that period for any additional periods not exceeding 3 months at any one time. (3)  The Head of Agency may at any time increase, reduce or revoke any payment made under this regulation. (4)  An employee who receives a payment under this regulation is to immediately report to the relevant Head of Agency any alteration of the circumstances in consideration of which that payment was granted or renewed. 18Relocation expenses (1)  If an employee is assigned duties at another location, either as a result of promotion or otherwise not at the employee’s request, the employee is entitled to be reimbursed – (a) the relocation cost involved in – (i) the conveyance of the employee and his or her dependants to the new locality; and (ii) the removal of necessary household furniture and effects (not including livestock) to the new locality; and (b) the premium in respect of a policy of insurance for a sum determined by the Minister against loss or damage in the removal of the employee’s household furniture and effects. (2)  If an employee is assigned duties at another location at his or her request – (a) the employee may be reimbursed the costs specified in subregulation (1)(a) ; or (b) it may be made a condition of the assignment of duties that the employee receive none, or a proportion only, of those costs. (3)  If a person who is appointed as an employee resides at a distance exceeding 16 kilometres from the place at which that person is to be located, the person may, at the discretion of the Minister, receive the reimbursement of the relocation costs specified in subregulation (1)(a) or such proportion of those costs as is determined from time to time by the Minister. (4)  An employee or a person appointed as an employee, before undertaking a conveyance and removal under this regulation, is to obtain offers from at least 2 carriers in respect of the conveyance and removal and is to submit those offers to the relevant Head of Agency who may authorise the acceptance of the offer which, in the opinion of the Head of Agency, is the most suitable. (5)  An employee or a person appointed as an employee is to submit all documentation in respect of any amounts expended by that employee or person in respect of the costs specified in subregulation (1) to the relevant Head of Agency for certification. (6)  An employee or a person appointed as an employee is to be reimbursed any amounts certified under subregulation (5) by the Agency in which the employee is employed or to which the person has been appointed. (7)  If a dependant of an employee is an employee, the dependant and the employee are each entitled to the reimbursements specified in this regulation and each may, with the consent of the relevant Heads of Agency, elect to treat any of his or her dependants – (a) as being a dependant of either the dependant or the employee; or (b) as being a dependant of both the dependant and the employee. 19Reimbursement of expenses incurred in the sale and purchase of property (1)  If an employee is assigned duties at another location, either as a result of promotion or otherwise not at the employee’s request, the employee is entitled to the reimbursement of prescribed expenses incurred by the employee – (a) in the sale of the dwelling-house – (i) owned and occupied by the employee; or (ii) which the employee was purchasing under a contract of sale providing for vacant possession; or (iii) which the employee was constructing for his or her own permanent occupation, on completion of construction – at the date on which the employee received notice of the assignment of duties at the new locality; and (b) in the purchase of a dwelling-house or land for the purpose of erecting a dwelling-house on that land for his or her own permanent occupation in the new locality. (2)  The reimbursement payable to an employee under this regulation is payable in addition to the reimbursements (if any) payable in any case under regulations 18 and 20 . (3)  Subject to subregulation (5) , an employee is not entitled to be reimbursed under subregulation (1)(b) unless that employee is entitled to be reimbursed under subregulation (1)(a) . (4)  The reimbursement that an employee is entitled to be paid under subregulation (1)(a) or (1)(b) is such amount as the Minister may determine. (5)  The Minister may approve the reimbursement under subregulation (1)(b) to an employee who is not entitled to be reimbursed under subregulation (1)(a) if the Minister is satisfied that it was necessary for the employee to purchase – (a) a dwelling-house; or (b) land for the purpose of erecting a dwelling-house on that land, in the new locality because of the employee’s relocation. (6)  An application by an employee for reimbursement under this regulation is to be accompanied by evidence of the payment by the employee of the prescribed expenses, being evidence that is satisfactory to the Minister. (7)  Notwithstanding the provisions of this regulation, an employee is not entitled to reimbursement in respect of – (a) the sale by the employee of a dwelling-house in the old locality (being a sale of a kind referred to in subregulation (1)(a) ); or (b) the purchase by the employee of a dwelling-house, or land for the purpose of erecting a dwelling-house on that land, in the new locality –which was effected – (c) more than 2 years after the day on which the employee took up duty in the new locality; or (d) after the day on which the employee received notification of being assigned duties back to the old locality, unless the relevant Head of Agency otherwise approves. (8)  Notwithstanding the provisions of this regulation, an employee is not entitled to reimbursement in respect of the purchase by the employee of a dwelling-house, or land for the purpose of erecting a dwelling-house on that land, in the new locality where suitable housing is provided by the Agency in which the employee is employed. (9)  For the purposes of this regulation, it is immaterial that the purchase, ownership or sale of a dwelling-house or land is made by an employee solely, jointly or in common with a dependant or spouse of the employee. 20Depreciation allowance (1)  If an employee is assigned duties at another location, either as a result of promotion or otherwise not at the employee’s request, the employee on taking up residence in the new locality, elsewhere than in any hotel, boarding-house or similar place, is entitled to be reimbursed for – (a) the value of the increased depreciation of, and the additional wear and tear on, household furniture and effects resulting from the relocation; and (b) the cost of the replacement or alteration of household furniture and effects necessitated by the relocation. (2)  The reimbursement payable to an employee under this regulation is payable subject to, and in addition to, the reimbursement of the costs of relocation payable to the employee under regulation 18 . (3)  Subject to subregulation (4) , the reimbursement payable to an employee under this regulation in respect of the household furniture and effects of the employee is such amount as the Minister may determine. (4)  An employee is not entitled to reimbursement under this regulation unless the employee submits evidence to the relevant Head of Agency that the value of the household furniture and effects relocated by the employee on his or her relocation from one locality to another locality exceeds such amount as the Minister may determine. PART 4Leave21Head of Agency to enable recreation leave to be taken (1)  A Head of Agency is to make such arrangements as are practicable to allow each employee in that Agency leave of absence annually for recreation and may, where necessary, cause a roster to be prepared at the commencement of each leave year allocating recreation leave to the employees in that Agency in respect of that leave year. (2)  If it is not possible to grant leave of absence for recreation to an employee in any one leave year, due to the requirements of the Agency in which the employee is employed or for any other sufficient reason, the relevant Head of Agency may permit leave to be taken by the employee in the subsequent leave year in addition to the recreation leave for that leave year. (3)  For the purposes of subregulation (2) , the total number of days of recreation leave that an employee may have accumulated at the end of a leave year is not to exceed the recreation leave that the employee is entitled to for 2 leave years. (4)  If an employee is unable to take leave of absence for recreation for 2 leave years due to the requirements of the Agency in which the employee is employed, the Head of Agency is to make arrangements for the employee to take that leave of absence for recreation during the next leave year and the employee is to take that leave of absence for recreation as so arranged by the Head of Agency. 22Additional sick leave for ex-servicepersons (1)  Subject to this regulation, the relevant Head of Agency may grant to an employee – (a) who has been a member of any of the forces to which this regulation applies during any war or warlike operations to which this regulation applies; and (b) who is suffering from illness as a result of injuries received or disease contracted on active service during that war or those warlike operations – (in this regulation referred to as an "ex-serviceperson") sick leave in addition to the sick leave to which the ex-serviceperson is otherwise entitled. (2)  At the date of an ex-serviceperson’s appointment, there is to accrue to that ex-serviceperson, whether appointed before the commencement of this regulation or during any ensuing leave year – (a) 46 working days sick leave (in this regulation referred to as "initial credit"); and (b) 16 working days sick leave (in this regulation referred to as "cumulative sick leave"). (3)  In addition to the initial credit and cumulative sick leave under subregulation (2) , an ex-serviceperson is entitled to a further 16 working days cumulative sick leave for every completed year of service as an employee, but so that the maximum period of cumulative sick leave to which the ex-serviceperson is so entitled (together with the cumulative sick leave under that subregulation) does not exceed 46 working days at any one time. (4)  If an ex-serviceperson is granted sick leave pursuant to this regulation, that leave is to be granted – (a) in the first instance, from the initial credit until that credit has been exhausted; and (b) then, from the cumulative sick leave. (5)  Where, at the conclusion of a year of service, an ex-serviceperson who has exhausted the initial credit is entitled to less than 46 working days sick leave, the ex-serviceperson is to be credited with – (a) a period of 16 working days sick leave; or (b) a period equal to the difference between 46 working days and the number of working days cumulative sick leave to which the ex-serviceperson is next entitled – whichever is the lesser period. (6)  An application for sick leave under this regulation is to be accompanied by – (a) a certificate of a legally-qualified medical practitioner that the applicant is suffering from illness as a result of injuries received or disease contracted on active service during any war or warlike operations to which this regulation applies; and (b) a certificate of an officer employed in, or attached to, the Commonwealth Department of Veterans’ Affairs that the applicant, at the time of being discharged from any of the forces to which this regulation applies, or at any subsequent time, was suffering  from illness as a result of injuries received or disease contracted on active service during any war or warlike operations to which this regulation applies. (7)  If an ex-serviceperson has exhausted his or her sick leave under this regulation, the ex-serviceperson is entitled to any other sick leave to which the ex-serviceperson is otherwise entitled. (8)  In this regulation – forces to which this regulation applies means any naval, military or air forces raised – (a) in Australia for service in any war or warlike operations to which this regulation applies; and (b) in any country that is or was allied or associated with Australia in any war or warlike operations to which this regulation applies, for service in that war or those warlike operations; war to which this regulation applies means any war in which Australia becomes engaged after the commencement of this regulation and any war in which Australia was engaged before the commencement of this regulation; warlike operations to which this regulation applies means any warlike operations, whether commenced before or after the commencement of this regulation, in which any naval, military or air forces raised in Australia were or are engaged. 23Leave for employees appointed to or voluntarily enlisting in Defence Force (1)  Subject to this regulation, a permanent employee who is a part-time member of any of Australia’s Defence Forces may be granted leave of absence for – (a) one period of not more than 14 working days in any leave year for the purpose of enabling the employee to attend at any training camp at which the employee’s compulsory attendance in his or her capacity as a part-time member of the Defence Force is required; and (b) a period of not more than 16 working days in the aggregate in any leave year (in addition to any leave granted to the employee in that year pursuant to paragraph (a) ) for the purpose of enabling the employee to attend at any drill, parade, school or class or course of instruction at which the employee is required or is eligible to attend in his or her capacity as a part-time member of the Defence Force. (2)  The following provisions apply to and in relation to leave granted to a permanent employee under subregulation (1) : (a) a certificate evidencing the necessity of the employee’s attendance or the employee’s eligibility to attend is to be submitted with the application for leave and, at the conclusion of the period of leave, the employee is to produce a certificate of attendance, and in each instance both certificates are to be signed by or on behalf of the person for the time being holding office as, or acting in the place of, the commanding officer in Tasmania of the relevant Defence Force; (b) the employee is to be paid – (i) in the case of leave granted under subregulation (1)(a) , an amount equal to the employee’s normal salary for the period of that leave; and (ii) in a case to which subregulation (1)(b) applies, an amount equal to the employee’s normal salary for the period of leave, less any naval, military or air force pay or allowance received by the employee in respect of that period; (c) if the employee, during a period of leave granted, sustains injury or contracts illness, necessitating his or her absence from duty beyond that period, the employee may be granted further leave on the following terms: (i) if compensation is not paid to the employee on behalf of the Defence Force in respect of that absence, the leave may be granted as sick leave; (ii) if compensation is so paid, and is equal to or exceeds the amount of remuneration which the employee would have received if the employee had been granted sick leave, the leave is to be granted without pay; (iii) if compensation is so paid, and is less than the amount of remuneration which the employee would have received had the employee been granted sick leave, the employee is to be paid the difference, and his or her sick leave credit is to be reduced as if the employee had been granted sick leave with pay corresponding to the amount of the difference. (3)  A permanent employee who is required to give continuous service as a member, other than as a part-time member, of any of Australia’s Defence Forces, as a result of his or her – (a) voluntary enlistment at a time when Australia has been declared to be at war; or (b) call-up or conscription at any time under a law of the Commonwealth – is to be granted leave, for the period that the employee is required to continuously serve, without pay or on such other terms as the Minister may determine. (4)  This regulation applies to fixed-term employees who have completed 3 months’ continuous service in any Agency or Agencies, but, subject to the law of the Commonwealth, if an employee’s term of service will expire before the conclusion of the period for which his or her attendance at the training camp, drill, parade, school, class or course of instruction or service is required, leave may be granted under this regulation only to the date of that expiration. 24Leave of absence with or without pay (1)  The relevant Head of Agency may grant to an employee leave of absence without pay, or on reduced pay, on such terms and conditions as the Head of Agency considers reasonable for a period not exceeding 3 years. (2)  If an employee who has been granted leave under subregulation (1) requests an extension of the period of leave so granted beyond 3 years, the Minister may, on the recommendation of the relevant Head of Agency, extend the leave granted under that subregulation for such period, and on such terms and conditions, as the Minister may determine. (3)  If an employee who has been granted leave under subregulation (1) wishes to reduce the period of that leave, the relevant Head of Agency may reduce the period of the leave by such period, and on such terms and conditions, as the Head of Agency determines. (4)  If the total period of leave without pay granted under this regulation amounts to more than 20 working days in any sick leave year, the whole of that leave is not service for the purposes of – (a) calculating an employee’s entitlement to recreation leave; and (b) determining the day on which an employee’s sick leave entitlement accrues; and (c) determining the day on which an employee is entitled to any salary increment. (5)  An employee who has been granted a period of leave exceeding 20 days under subregulation (1) is not entitled to any paid leave under these regulations while on that period of leave without pay. (6)  Subregulations (4) and (5) do not apply in relation to a period of leave granted under subregulation (1) for study purposes. 25Leave on account of special circumstances (1)  The relevant Head of Agency may, subject to any Ministerial Direction, grant to an employee special leave of absence with pay – (a) in the event of the serious illness of a relative of the employee; or (b) in the case of other pressing necessity relating to the employee; or (c) to enable the employee to participate in a sporting or cultural event at a national or international level. (2)  In any sick leave year – (a) an employee who was an employee before 1 July 1990 may not be granted more than 5 working days, in the aggregate, of special leave of absence under this regulation; and (b) any other employee may not be granted more than 3 working days, in the aggregate, of such special leave. 26Absence of employees due to injury sustained, or illness contracted, in the course of employment (1)  If the relevant Head of Agency is satisfied that an employee is absent from duty as a result of an injury sustained, or an illness contracted, in the course of and arising out of his or her employment as an employee, but not occasioned by his or her own default, that Head of Agency may, subject to subregulation (2) , grant to the employee leave of absence on full pay without prejudice to any such leave to which the employee may be otherwise entitled. (2)  A period of leave of absence granted to an employee under subregulation (1) is not to exceed 52 weeks in respect of the same injury or illness. 27Attendance at court (1)  If an employee is required, due to being subpoenaed or called as a Crown witness in any court of law, to be absent from duty, the employee is to promptly notify the relevant Head of Agency. (2)  An employee who is subpoenaed or called as a Crown witness in any court of law is not entitled to receive any payment for attending at court, other than out-of-pocket expenses approved by the Crown. (3)  If an employee has attended at any court as a witness during the employee’s normal working hours and has received payment for that attendance, the employee is to pay all amounts so received to the Treasurer and is to lodge a receipt for that payment with the relevant Head of Agency. (4)  If an employee who is subpoenaed or called as a Crown witness in any court of law is on leave, the employee is not to lose the benefit of that leave, but is to be credited with the time that the employee was required to attend at court as a Crown witness and is to be permitted to take such extra leave, with pay, at the end of the original period of leave or at a later date according to the requirements of the Agency in which the employee is employed. PART 5Training, Education and Development28Head of Agency to make provision for training (1)  A relevant Head of Agency may make such provision as the Head of Agency considers necessary for the training, education and development of an employee. (2)  For the purposes of this regulation, a Head of Agency may establish or approve such courses of instruction and training as the Head of Agency considers necessary. (3)  A relevant Head of Agency may approve a particular course of instruction and training for the purpose of authorising an employee to attend that course of instruction and training during the employee’s normal hours of duty. 29Studentships (1)  If a Head of Agency establishes or approves a course of instruction and training under regulation 28 , a studentship may, subject to this regulation, be made available at an approved institution to a person – (a) who enters into an agreement to serve in the Agency concerned as an employee immediately on the completion by that person of the course of instruction and training; or (b) who is already serving in the Agency concerned as an employee and who enters into an agreement to continue to serve in that Agency as an employee on the completion by the employee of the course of instruction and training. (2)  An applicant for a studentship – (a) is to be eligible to be a student at the approved institution; and (b) is to be a person who the Head of Agency considers has the necessary educational standard and skill for the position for which the person is being trained. (3)  An application for a studentship – (a) is to be made on a form approved by the Head of Agency and obtainable from that Agency; and (b) is to be lodged with, or forwarded to, that Agency so as to reach that Agency on or before the date specified by that Agency as the closing date for lodging applications; and (c) is to be accompanied by – (i) the birth certificate of the applicant or such other evidence of the date and place of the applicant’s birth as is approved by the Head of Agency; and (ii) copies of testimonials as to the character of the applicant; and (iii) a certificate of health in relation to the applicant by a legally-qualified medical practitioner. (4)  A studentship – (a) granted to a person to whom subregulation (1)(a) applies, has a duration of one, 2, 3 or 4 years; or (b) granted to a person to whom subregulation (1)(b) applies, has a duration of one year or such other duration as the Minister may approve – and may be extended on the application of the holder of the studentship for an additional year. (5)  If the holder of a studentship is a person to whom subregulation (1)(a) applies, the person may, subject to subregulation (16) , on or before 31 December in the first year of the studentship, forward or deliver to the relevant Head of Agency a notice in writing, stating that the person does not wish to continue with that studentship. (6)  There is payable to the holder of a studentship an allowance (to be known as a "studentship allowance") at such rate a year as the Minister may determine. (7)  If the holder of a studentship is a person to whom subregulation (1)(a) applies, the Minister, in determining the appropriate rate of studentship allowance payable to the holder under subregulation (6) , is to take into consideration such of the following factors as are applicable: (a) whether or not the holder has, before or at the commencement of the studentship – (i) passed all the examinations for any year of a course of instruction and training; or (ii) passed all the examinations for the first year of a course of instruction and training; or (iii) passed all the examinations for the first and second years of a course of instruction and training; (b) the age of the holder. (8)  Subject to subregulation (9) , in addition to the studentship allowance payable to the holder of a studentship under subregulation (6) , an allowance (to be known as an "accommodation allowance"), at such rate a year as the Minister may determine, may be paid to the holder if the Minister is satisfied that the holder is required to live away from his or her usual place of residence in order to take up the studentship. (9)  An accommodation allowance for a married studentship holder is not payable – (a) if the income of the spouse of the holder exceeds the adult minimum wage determined from time to time by the Tasmanian Industrial Commission; or (b) if the spouse of the holder, also being a studentship holder, has been granted an accommodation allowance under this regulation. (10)  An allowance under this regulation may be paid to the holder of a studentship as follows: (a) an advance of such amount as the Minister may determine is to be paid from the studentship allowance, at such times during the year as the relevant Head of Agency may determine, for the purpose of buying books and other requisites needed by the holder in connection with the course of instruction and training being undertaken by the holder; (b) the accommodation allowance (if any) and the balance of that studentship allowance is to be paid by equal quarterly instalments or at more frequent intervals as may be approved by the relevant Head of Agency. (11)  Notwithstanding subregulation (12)(b) , the holder of a studentship is not required to repay an advance, or any part of an advance, made to the holder under subregulation (10)(a) if the holder resigns, or is dismissed, from the Agency in or by which the holder is employed or is to be employed during the year in which the advance is made. (12)  The holder of a studentship is to enter into an agreement – (a) to serve an Agency or to continue to serve an Agency, as the case may be, for a period of not more than 3 years; and (b) to repay to the Crown, in default of so serving or continuing to serve – (i) all fees paid on the holder’s behalf in respect of his or her attendance at the approved institution at which the course of instruction and training was undertaken; and (ii) all money paid to the holder by way of studentship allowances and accommodation allowances under this regulation; and (iii) all money paid to the holder by way of additional allowances under regulation 32 . (13)  The agreement to be entered into by the holder of a studentship under subregulation (12) is to contain the following provisions: (a) that, if the holder gives to the relevant Head of Agency the notice referred to in subregulation (5) within the time prescribed by that subregulation, the studentship is to be terminated on the giving of that notice and all obligations and rights of both the holder and the Head of Agency are to be absolutely discharged and those obligations and each of them under that agreement are to be void; (b) that the amount of the fees and other money repayable by the holder under the agreement is to be reducible in the same proportion as any period served by the holder in the Agency after the completion by the holder of the course of instruction and training bears to the total period of that course. (14)  Notwithstanding the provisions of this regulation, the relevant Head of Agency may remit the amount of the fees and other money repayable by the holder of a studentship under the agreement entered into by the holder under subregulation (12) if the Head of Agency is of the opinion that exceptional circumstances exist for so remitting. (15)  The relevant Head of Agency, with the approval of the approved institution, is to obtain reports in relation to the holder of a studentship, at such intervals as the Head of Agency considers necessary, in respect of the quality of the work, zeal and interest in studies of the holder, and any other relevant matters. (16)  Subregulation (5) does not apply to the holder of a studentship who, at the date on which the holder was awarded that studentship, had undertaken part of the course of instruction and training for which the studentship was awarded. 30Accommodation and travelling allowanceThe holder of a studentship under regulation 29 is entitled to be paid, in addition to any other allowance payable, an allowance (to be known as an "accommodation and travelling allowance"), at such rate a year as the Minister may determine, to cover the cost of the accommodation expenses, the travelling expenses or both the accommodation and travelling expenses incurred by the holder during the period that the holder is required under a course of instruction and training to carry out practical work in an area more than 25 kilometres from his or her normal place of abode or usual home address, whichever is the lesser distance. 31Failure to pass courseIf the holder of a studentship under regulation 29 fails to pass an examination in a subject or unit of his or her course of instruction and training to the extent that the holder, under the rules of the approved institution at which the course is taught, will be unable to complete the course within the period for which that studentship was granted, the relevant Head of Agency is to cancel the studentship unless the Head of Agency, in circumstances that the Head of Agency considers to be exceptional, otherwise directs. 32Additional allowances (1)  Additional allowances may be payable under this regulation to the holder of a studentship under regulation 29 if – (a) the holder is married and the income of his or her spouse does not exceed the adult minimum wage as determined from time to time by the Tasmanian Industrial Commission; or (b) there is any child wholly dependent on the holder. (2)  The allowances payable under subregulation (1)(a) are allowances in respect of the spouse of the holder of a studentship under regulation 29 . (3)  The allowances payable under subregulation (1)(b) are allowances in respect of each child who is wholly dependent on the holder of a studentship under regulation 29 , or on the holder and his or her spouse. (4)  Allowances under this regulation are payable – (a) on the authority of the relevant Head of Agency to a holder of a studentship under regulation 29 who has made application to that Head; and (b) at such rates as the Minister may generally or in a particular case determine. (5)  An applicant for an allowance under this regulation is to furnish the relevant Head of Agency with such evidence (if any) as the Head of Agency may at any time require with respect to the amount of the weekly income of the spouse of the applicant. (6)  The holder of a studentship under regulation 29 is not entitled to an allowance under this regulation if the spouse of the holder is the holder of a studentship under regulation 29 . (7)  A person is not to make any false representation for the purposes of obtaining for himself or herself or any other person an allowance under this regulation. (8)  The holder of a studentship under regulation 29 who has been granted an allowance under this regulation is to notify the relevant Head of Agency of any matter affecting the holder’s entitlement to, or the amount of, that allowance, by notice in writing delivered to the Head of Agency within 14 days after the occurrence of that matter. 33Study assistance (1)  An employee who, as a condition of his or her appointment to the State Service or an award or legislation, is required to undertake and complete an approved course of study involving – (a) the payment of fees by the employee; or (b) the attendance of the employee at lectures or courses of instruction during the employee’s normal working hours; or (c) both that payment of fees and that attendance –is to – (d) be paid an amount equivalent to the amount of the fees payable for that approved course of study; and (e) be exempt, for the purpose of undertaking that approved course of study, from attending the employee’s place of work for such period per week, being a period with pay, as the relevant Head of Agency may determine. (2)  An employee who desires to improve his or her qualifications for the performance of the employee’s official duties by undertaking a course of study involving – (a) the payment of fees by the employee; or (b) the attendance by the employee at lectures or courses of instruction, whether during the employee’s normal working hours or not; or (c) both that payment of fees and that attendance – may apply in writing to the relevant Head of Agency for approval to receive study assistance to undertake that course of study. (3)  An application under subregulation (2) is to be accompanied by a report by the applicant stating whether the undertaking of the proposed course of study to which the application relates by the applicant will be in the interests of the State Service. (4)  If the relevant Head of Agency approves an application for study assistance under subregulation (2)  – (a) the Head of Agency may, subject to subregulation (6) , exempt the employee who is to receive study assistance from attending the employee’s place of work for such period, being a period, with pay, not exceeding 8 hours per week, or for a total of 10 days leave per annum, as the Head of Agency may direct, for the purpose of undertaking the course of study to which the application relates (in this regulation referred to as "the study course"); and (b) the Head of Agency may authorise the reimbursement to the employee of all or part of the amount of the fees paid by the employee in respect of each year of the study course on the successful completion by the employee of that year of the study course. (5)  The relevant Head of Agency may specify the period in which it is expected that an employee who receives study assistance under subregulation (1) or (2) will complete the approved study course. (6)  The period for which an employee who receives study assistance is exempted from attending his or her place of work pursuant to subregulation (4)(a) includes the time required by the employee to travel to and from the place at which the study course is being conducted. (7)  If an employee who receives study assistance fails to pass in a subject forming part of the approved study course – (a) being undertaken pursuant to subregulation (1) , the employee is to repeat the subject at his or her own expense; or (b) being undertaken pursuant to subregulation (2)  – (i) the relevant Head of Agency may require the employee to repeat the subject at his or her own expense; and (ii) the period for which the employee is exempted from attending his or her place of work pursuant to subregulation (4)(a) to repeat that subject may, if the Head of Agency so directs, be without pay. (8)  The relevant Head of Agency may withdraw study assistance – (a) in the case of unsatisfactory progress by the employee who receives the study assistance for the study course; or (b) in circumstances that are considered by the Head of Agency to be likely to prevent the completion by the employee of the study course; or (c) for any other reason which the Head of Agency considers sufficient. PART 6Suspension34Suspension from duties with salary pursuant to section 43 of Act (1)  A Head of Agency may, if he or she considers it to be in the public interest or the Agency’s interest, suspend, with salary, from duties an employee employed in the Agency if the Head of Agency believes on reasonable grounds that – (a) the employee has, or may have, breached the Code of Conduct in such a manner that the employee should not continue in the performance of his or her duties; or (b) the employee has been charged in Tasmania with an offence punishable by imprisonment for a term exceeding 6 months or has been charged outside Tasmania with an offence which would, if committed in Tasmania, be an offence punishable by imprisonment for a term exceeding 6 months; or (c) the employee is, or may be, unable to efficiently and effectively perform the duties assigned to the employee. (2)  The Head of Agency is to review the suspension at reasonable intervals. (3)  The Head of Agency is to immediately end the suspension if the Head of Agency no longer believes on reasonable grounds that – (a) the employee’s suspension is in the public interest or the Agency’s interest; or (b) the employee has, or may have, breached the Code of Conduct; or (c) the employee is, or may be, unable to efficiently and effectively perform the duties assigned to the employee. (4)  The Head of Agency is to immediately end the suspension if – (a) a sanction has been imposed on the employee for the relevant breach of the Code of Conduct; or (b) the Minister has taken action in relation to the employee being found to be unable to efficiently and effectively perform the duties assigned to the employee. 35Suspension from duties without salary pursuant to section 43 of Act (1)  The Commissioner may, if he or she considers it to be in the public interest or the Agency’s interest, suspend, without salary, from duties an employee employed in the Agency if the Head of Agency believes on reasonable grounds that – (a) the employee has, or may have, breached the Code of Conduct in such a manner that the employee should not continue in the performance of his or her duties; or (b) the employee has been charged in Tasmania with an offence punishable by imprisonment for a term exceeding 6 months or has been charged outside Tasmania with an offence which would, if committed in Tasmania, be an offence punishable by imprisonment for a term exceeding 6 months; or (c) the employee is, or may be, unable to efficiently and effectively perform the duties assigned to the employee. (2)  A suspension without salary is to be for not more than 60 days or, if the Commissioner considers that exceptional circumstances apply, a period exceeding 60 days. (3)  The Commissioner is to review the suspension at reasonable intervals. (4)  The Commissioner is to immediately end the suspension if the Commissioner no longer believes on reasonable grounds that – (a) the employee’s suspension is in the public interest or the Agency’s interest; or (b) the employee has, or may have, breached the Code of Conduct; or (c) the employee is, or may be, unable to efficiently and effectively perform the duties assigned to the employee. (5)  The Commissioner is to immediately end the suspension if – (a) a sanction has been imposed on the employee for the relevant breach of the Code of Conduct; or (b) the Minister has taken action in relation to the employee being found to be unable to efficiently and effectively perform the duties assigned to the employee. (6)  If the Commissioner ends the suspension in accordance with subregulations (4) and (5) , the employee is entitled to receive the salary to which the employee was entitled in respect of the period during which the employee was suspended. PART 7Termination36Termination of employment for permanent employeesThe following grounds are prescribed for the purposes of section 44(3)(d) of the Act: (a) termination of probationary appointment; (b) abandonment of employment as referred to in regulation 13(2) . Schedule 1Offices prescribed for purposes of section 31(1)(b) of the Act

Regulation 5

1. Chief Electoral Officer

2. Chief Officer, Tasmania Fire Service

3. Chief Parliamentary Counsel

4. Director of Ambulance Services

5. Director of Gas

6. Director of Gas Safety

7. Director of Housing

8. Director of Local Government

9. Director of Public Health

10. Valuer-General

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

Notified in the Gazette on 18 April 2001

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations prescribe conditions of service, not otherwise specified in awards, relating to the employment of persons in the State Service and other matters relating to the administration of the State Service.