EXPLANATORY STATEMENT
LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
STATUTORY RULES 1982 NO 312
Issued with the Authority of the Public Service Board
Section 7 and section 11 of the Long Service Leave (Commonwealth Employees) Act 1976, read together, enable the regulations to provide that a period of employment in the service of a person, authority, institution or body referred to in the regulations that is continuous with employment in Government Service shall be taken into account for long service leave purposes as if it had been employment in Government Service. Section 26 of that Act provides that the Governor-General may make regulations prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
This amendment secures authority for recognition, for long service leave purposes, of prior service with the Australian Council of Local Government Associations.
The constitution of the Australian Council of Local Government Associations provides that its purpose is to deal with such matters of Commonwealth-wide concern affecting local government as may from time to time be referred to it by various associations representing local governments and that its objects include watching over and protecting the interests, rights and privileges of local government; taking action in relation to any subject or legislation affecting local governing bodies at Commonwealth level and promoting the efficient carrying out of local government throughout the nation.
Membership of the Council is open to State and the Northern Territory associations representing local governing bodies in Australia. One constituent member association, the Local Government Association of South Australia, has already been prescribed under Section 7(1) of the Long Service Leave (Commonwealth Employees) Regulations. It is considered appropriate that service with the Australian Council of Local Government Associations be recognised for the purposes of this Act.
Overview
The Explanatory Statement for the Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 312 outlines amendments designed to address the need for recognising prior service with the Australian Council of Local Government Associations for long service leave purposes. Enacted by the Public Service Board under the authority granted by sections 7 and 11 of the Long Service Leave (Commonwealth Employees) Act 1976, these regulations amend existing provisions to ensure that periods of employment with the Australian Council of Local Government Associations are considered equivalent to employment in Government Service. This amendment is necessary to provide continuity and fairness to employees who have transitioned between government roles and the Australian Council of Local Government Associations. The policy objective is to ensure that the leave entitlements of employees are accurately recognised and protected, reflecting their cumulative service in public sector roles.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 312 amends the existing regulations to recognise service with the Australian Council of Local Government Associations for long service leave purposes, aligning with the intent of the Long Service Leave (Commonwealth Employees) Act 1976. This amendment is intended to ensure that periods of employment with the Australian Council of Local Government Associations, which is constituted to deal with matters of national concern affecting local government and to protect and promote the interests of local governing bodies, are taken into account as if they were periods of employment in Government Service. The amendment applies to individuals who have been employed by the Australian Council of Local Government Associations and extends to those who have continuous service with this entity prior to their employment in Government Service. This regulation has a national jurisdictional reach, impacting employees across various states and territories within Australia. The amendment does not specify any exclusions or exemptions, but it does clarify the criteria for recognising service with the Council for long service leave entitlements.
Key Provisions
The Explanatory Statement outlines the key provisions of the Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 312, which amends the existing regulations to recognise service with the Australian Council of Local Government Associations (ACLA) for long service leave purposes. The amendment draws its authority from sections 7 and 11 of the Long Service Leave (Commonwealth Employees) Act 1976, which allows for the recognition of prior service in certain circumstances. Additionally, section 26 of the Act empowers the Governor-General to make regulations that are necessary for carrying out or giving effect to the Act.
Under these amended regulations, a period of employment with the ACLA will be considered continuous with employment in Government Service for long service leave purposes. This means that employees who have worked for the ACLA will have their service recognised in the same way as service with the Commonwealth, provided the employment is continuous. The ACLA was established to represent the interests of local governments at the Commonwealth level and its membership includes associations from all states and the Northern Territory. By recognising service with the ACLA, the regulations ensure that employees of this body are treated fairly in terms of long service leave entitlements.
The regulations impose an obligation on the ACLA and its employees to ensure that any periods of service with the ACLA are properly documented and accounted for when calculating long service leave entitlements. This is necessary to ensure that the benefits provided by the regulations are correctly applied and that employees receive the leave to which they are entitled. The ACLA and its employees must also comply with any other relevant provisions of the Long Service Leave (Commonwealth Employees) Act 1976 and its regulations.
Failure to comply with the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 and its regulations can result in civil and criminal penalties. Under the Act, any person who knowingly makes a false or misleading statement in relation to long service leave entitlements may be liable to a penalty of up to $13,200 for an individual or $66,000 for a body corporate, as per the current penalty unit. Additionally, any person who is found to have deliberately contravened the Act may be subject to criminal prosecution, which could result in fines or imprisonment. These penalties serve as a deterrent against non-compliance and help to ensure that the Act and its regulations are properly enforced.