Long Service Leave (Commonwealth Employees) Amendment Act 1981

Overview

The Long Service Leave (Commonwealth Employees) Amendment Act 1981 was enacted to amend the Long Service Leave (Commonwealth Employees) Act 1976, addressing specific issues and gaps related to the eligibility and administration of long service leave for Commonwealth employees. This Act was passed by the Parliament of Australia and received Royal Assent on 13 March 1981. The policy objective of this amendment was to refine the definition of Commonwealth employment, clarify the delegation of approving authority, and adjust the period of service eligibility to ensure a consistent and fair approach to long service leave for Commonwealth employees, including those in the Northern Territory.

Scope and Application

The Long Service Leave (Commonwealth Employees) Amendment Act 1981 applies to employees who are engaged by the Commonwealth in various capacities, including those remunerated by fees, allowances, or commission. This Act specifically pertains to those who are appointed to constitute or act as members of a public authority of the Commonwealth or to be a deputy of such a member, and those employed in the Teaching Service of the Northern Territory. It also extends to any service rendered by authorities declared by regulations not to be public authorities of the Commonwealth for the purposes of this Act. The Act applies to the Commonwealth and operates across the national jurisdiction of Australia. However, it excludes certain authorities established or constituted by or under a law of the Northern Territory, as may be declared by regulations. The Act allows for the delegation of certain powers to officers or employees of the Parliament, thus extending its application through subordinate instruments.

Key Provisions

The Long Service Leave (Commonwealth Employees) Amendment Act 1981 (sections 3, 5, and 6) amends the Long Service Leave (Commonwealth Employees) Act 1976 (Principal Act) by modifying the definition of “public authority of the Commonwealth” to exclude certain authorities established or constituted by or under a law of the Northern Territory (section 3). The Act also inserts a new section 9a, allowing the President or Speaker, or both, to delegate their powers as approving authorities to certain officers or employees of Parliament (section 4). Furthermore, section 5 amends the definition of employment in government service to include individuals appointed to public authorities of the Commonwealth or their members, remunerated by fees, allowances, or commission, and those in the Teaching Service of the Northern Territory. Finally, section 6 extends the period of service for long service leave to include service in the Teaching Service of the Northern Territory and service of an authority declared by regulations not to be a public authority of the Commonwealth. The Act imposes specific obligations on certain public authorities and employees. Authorities established or constituted by or under a law of the Northern Territory, if declared by regulations not to be public authorities of the Commonwealth for the purposes of this Act, must comply with the amended definition (section 3). The President or Speaker, or both, must exercise their powers as approving authorities under this Act or the regulations, with the added flexibility of delegating these powers to officers or employees of Parliament, as specified (section 4). Employees within the Teaching Service of the Northern Territory, or those in service of an authority declared not to be a public authority of the Commonwealth, must also be considered for long service leave entitlements under the amended provisions (section 6). Breaches of the provisions outlined in the Long Service Leave (Commonwealth Employees) Amendment Act 1981 do not explicitly state specific offences or penalties. However, non-compliance with the Act's requirements could potentially lead to civil or administrative consequences, such as disputes over long service leave entitlements or regulatory actions against authorities failing to adhere to the defined scope of public authorities. The Act primarily focuses on clarifying and extending the eligibility for long service leave rather than imposing punitive measures for non-compliance.