EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 193
LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sections 7 and 11 of the Long Service Leave (Commonwealth Employees) Act 1976, read together, enable the regulations to provide that a person, authority, institution or body (including a company), whether incorporated or not, that is referred to in the regulations shall, for the purposes of the Act, be deemed to be, or to have been, an authority of a State.
Sections 7 and 11 also enable the regulations to provide that a period of employment in the service of a person, authority, institution or body (including a company) 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 the 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.
The purpose of these amendments is to secure recognition, for long service leave purposes, of prior service with the Municipal Association of Victoria and Grazcos Supplies Pty. Limited.
The Municipal Association of Victoria is a body corporate created by the Municipal Association Act 1907 of Victoria. It promotes the efficiency of Municipal Corporations in that State and administers the Municipal Officers’ Fidelity Guarantee Fund. The rules of the Association are made with the approval of the Governor in Council and it is funded by contributions from Municipal authorities. It is appropriate, given the Association’s structure and responsibilities, that it be deemed to be an authority of the State for long service leave purposes.
Grazcos Supplies Pty. Limited formerly provided services to the Australian Wool Corporation in the handling and distribution of the raw wool stocks of the Corporation. On 30 June 1978 this arrangement was terminated and the Commission itself undertook those functions, also taking over the relevant staff of Grazcos Supplies. It is the usual practice of the Commonwealth to recognise the prior service of persons employed by an organisation not already recognised for long service leave purposes where the Commonwealth takes over the function of that organisation, and it is appropriate that that practice be continued in this case.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1996, issued under the authority of the Public Service Board, amend the existing regulations to address the recognition of prior service for long service leave purposes for employees of specific entities. This amendment was enacted to ensure that service with the Municipal Association of Victoria and Grazcos Supplies Pty. Limited is acknowledged for long service leave entitlements. This legislation arises from the need to provide clarity and recognition in the transition of services from these entities to the Commonwealth, ensuring that the continuity of employment is appropriately considered. The policy objective is to maintain the continuity of long service leave entitlements for employees whose roles have been transferred from these specific entities to the Commonwealth.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1984 No. 193 are designed to extend the recognition of long service leave to employees of the Municipal Association of Victoria and Grazcos Supplies Pty. Limited for the purposes of the Long Service Leave (Commonwealth Employees) Act 1976. This amendment applies to any person, authority, institution or body, including companies, that has been referred to in the regulations, whether incorporated or not. The intent is to provide that such entities be deemed to be, or have been, an authority of a State, and for periods of continuous employment with these entities to be considered equivalent to employment in Government Service for long service leave purposes. This amendment is issued under the authority of the Public Service Board and aims to ensure that prior service with these specific organisations is recognised appropriately. The geographic reach of these regulations is limited to the Commonwealth level, and they do not specify any exclusions or thresholds beyond the entities explicitly mentioned. Subordinate instruments may further detail the application of these amendments as necessary.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1984 No. 193 clarify and extend the scope of the Long Service Leave (Commonwealth Employees) Act 1976. Sections 7 and 11 of the Act empower the regulations to deem certain entities as State authorities for the purposes of long service leave. These amendments ensure that employment with the Municipal Association of Victoria and Grazcos Supplies Pty. Limited is recognised as qualifying service for long service leave. The Municipal Association of Victoria, established under the Municipal Association Act 1907 of Victoria, promotes the efficiency of Municipal Corporations in Victoria and administers the Municipal Officers’ Fidelity Guarantee Fund. By deeming this entity as a State authority, the regulations ensure that its employees’ service is considered for long service leave eligibility.
The regulations also address the transition of services from Grazcos Supplies Pty. Limited to the Australian Wool Corporation. When the Australian Wool Corporation assumed the functions of Grazcos Supplies, including the handling and distribution of raw wool stocks, it also took over the relevant staff. The continuity of service from Grazcos Supplies to the Australian Wool Corporation is recognised for long service leave purposes, in line with the Commonwealth's practice of acknowledging prior service from organisations that are not otherwise recognised for this purpose when the Commonwealth assumes their functions.
Entities and individuals governed by these regulations are required to ensure that employment with the Municipal Association of Victoria and Grazcos Supplies Pty. Limited is treated as qualifying service for long service leave. This involves accurate record-keeping and reporting to the relevant authorities to reflect the continuity of service. Employers must also ensure that their systems and processes comply with these regulatory requirements to avoid any discrepancies in the calculation and payment of long service leave entitlements.
Breaches of the regulations may lead to civil or criminal consequences. Although the specific penalties are not detailed within the regulations themselves, they are likely to be governed by the overarching provisions of the Long Service Leave (Commonwealth Employees) Act 1976 and related Commonwealth legislation. Penalties for non-compliance can include fines and other sanctions, which may vary based on the severity and intent behind the breach. It is crucial for entities and individuals to adhere to the regulations to avoid potential legal repercussions.