Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 264
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 264
Long Service Leave (Commonwealth Employees) Act 1976
Long Service Leave (Commonwealth Employees) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 11 of the Act provides that the period of service of an employee for long service leave purposes is the period during which the employee has been employed continuously in Government Service.
Pursuant to subsection 7(1) of the Act, regulations may provide that a person, authority, institution or body (including a company), whether incorporated or not, may be deemed to be, or have been, an authority of a State. Such persons, authorities, institutions or body corporates are listed in Schedule 1 of the Regulations.
Knowledge Victoria Limited (KVL) (or Beave Pty. Ltd. as it was previously known) was originally established under the Companies (Victorian) Code on 17 October 1985 and has since changed its name and status, becoming a public company on 8 May 1987. To alleviate doubt as to whether KVL, a Victorian Government-owned company, is an Authority of a State under paragraph 6(1)(a) of the Act, KVL is deemed an authority of a State, pursuant to subsection 7(1) of the Act.
In relation to a separate matter, the Hospital and Charities Act 1958 (Vic), has been repealed and replaced by the Health Services Act 1988 (the Health Services Act) on 1 July 1988. The proposed amendment to the Regulations provides for this change by listing the Health Services Act as a new item in Schedule 1 of the Regulations.
The proposed amendment also deletes the words "as amended", as they relate to State Acts, from Schedule 1 of the Regulations. Section 10A of the Acts Interpretation Act 1901 provides that such references are unnecessary as the reference shall be construed as a reference to that law as originally enacted or made and as amended from time to time.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 264 was enacted to address specific issues related to the interpretation and application of the Long Service Leave (Commonwealth Employees) Act 1976. This legislation was introduced by the Australian Government to ensure clarity and precision in the regulations governing long service leave for Commonwealth employees. The regulations were made under the authority of the Minister for Industrial Relations and are intended to amend the Long Service Leave (Commonwealth Employees) Regulations 1977. One key objective of these amendments is to resolve any ambiguity concerning the classification of certain entities, such as Knowledge Victoria Limited, as authorities of a State. Additionally, the amendments update references to reflect the repeal of the Hospital and Charities Act 1958 (Vic) and its replacement by the Health Services Act 1988. This ensures that the regulations remain current and relevant to the legislative framework governing health services in Victoria.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 264 amends the Long Service Leave (Commonwealth Employees) Regulations 1976 to clarify the application of the Long Service Leave (Commonwealth Employees) Act 1976 to certain entities. This Act applies to Commonwealth employees who have served in the Government Service and provides for long service leave entitlements. The Regulations extend the application of the Act to include specific persons, authorities, institutions or bodies, including companies, whether incorporated or not, which may be deemed to be an authority of a State. The amendments specifically address Knowledge Victoria Limited, previously known as Beave Pty. Ltd., clarifying its status as an authority of a State under the Act. Additionally, the Regulations update the reference to the Health Services Act 1988 (Vic), replacing the repealed Hospital and Charities Act 1958 (Vic). The amendments aim to ensure that the Regulations accurately reflect current legislative frameworks and organisational structures, thereby maintaining the integrity and relevance of the long service leave entitlements provided under the Act.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 264 makes several amendments to existing regulations under the Long Service Leave (Commonwealth Employees) Act 1976. These amendments are intended to update the regulations to reflect changes in law and administrative practice. For example, section 7(1) of the Act allows for the inclusion of certain entities in the definition of an "authority of a State". This amendment specifically adds Knowledge Victoria Limited (KVL) to the list of entities that are deemed to be an authority of a State for the purposes of the Act. This inclusion aims to clarify and confirm the status of KVL, a company previously known as Beave Pty. Ltd., which has been under the ownership of the Victorian Government since its establishment in 1985.
The regulations also address the legislative change resulting from the repeal of the Hospital and Charities Act 1958 (Vic) and its replacement by the Health Services Act 1988. By updating Schedule 1 of the Regulations to include the Health Services Act, the amendments ensure that the references to relevant state laws are accurate and reflect current legal frameworks. Additionally, the amendment removes the phrase "as amended" from Schedule 1, aligning with the provisions of section 10A of the Acts Interpretation Act 1901, which clarifies that references to state laws should be construed as references to the original laws as amended over time.
Entities and individuals governed by these regulations have specific obligations and requirements to comply with the updated provisions. For instance, employers and employees need to be aware of the inclusion of KVL as an authority of a State, which may affect their entitlements and obligations under the Act. Additionally, when dealing with state laws referenced in the regulations, they must ensure they are referring to the current, amended versions of those laws. These changes are designed to streamline and clarify the application of long service leave provisions for Commonwealth employees.
Failure to comply with the provisions of these regulations could result in various consequences. While the specific consequences for non-compliance are not detailed in the explanatory statement, it is reasonable to infer that penalties could include legal action, fines, or other administrative penalties as stipulated under the Long Service Leave (Commonwealth Employees) Act 1976. Given the importance of these regulations in governing the entitlements of Commonwealth employees, adherence to the updated rules is crucial to avoid any potential legal repercussions.