EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 258
LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
Issued with the Authority of the Public Service Board
Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 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.
Sub-sections 8(1) and (2) of the Act provide that the regulations may provide that allowances of specified kinds are to be included in salary for the purposes of the Act, subject to such conditions as may be prescribed.
Regulation 1 omits paragraph 4(1)(g) of the present Regulations. That provision included in salary an allowance payable under regulation 94A of the Public Service Regulations. It is removed as regulation 94A has itself been repealed.
Regulation 2 inserted new regulation 4DA into the Regulations. The effect of the new regulation is to include ‘experience allowance’ in salary for the purposes of the Act. Experience allowance is payable to tradesmen employed under the Australian National Railways Act 1917 in accordance with Part III of the Traffic Operating, workshops and Miscellaneous Grades (Australian National Railways) Award 1978. The allowance is presently at the rate of $3, $6 or $9 per week after 4, 6 or 8 years’ experience respectively as a tradesman with the Australian National Railways Commission. The Public Service Board agrees with the Commission that the allowance should be included in salary for long service leave purposes.
Regulation 3 and the schedule thereto amended all references to ‘furlough’ in the Regulations to ‘long service leave’: use of the former term was generally discontinued when the Long Service Leave (Commonwealth Employees) Act 1976 replaced the Commonwealth Employees’ Furlough Act 1943.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 258 was enacted to amend the Long Service Leave (Commonwealth Employees) Regulations, addressing specific provisions related to allowances and terminology within the regulations. This amendment was made under the authority of the Public Service Board, in accordance with the provisions of the Long Service Leave (Commonwealth Employees) Act 1976. The principal objective of the Act is to ensure that long service leave entitlements are calculated accurately and fairly for Commonwealth employees, which includes making necessary adjustments to the types of allowances that are considered in the salary for these entitlements.
The Regulations remove an outdated allowance from the salary calculations and introduce a new allowance for certain tradesmen employed under the Australian National Railways Act 1917, aligning the terminology within the Regulations with the current legislative framework. This amendment ensures that the regulations reflect the current practices and legal definitions, thereby maintaining the integrity and effectiveness of the long service leave entitlements for Commonwealth employees.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 258 amends the existing regulations to update the framework governing the inclusion of certain allowances in salary for the purposes of long service leave entitlement under the Long Service Leave (Commonwealth Employees) Act 1976. This legislative amendment applies to Commonwealth employees who are eligible for long service leave benefits, with a particular focus on tradesmen employed under the Australian National Railways Act 1917. The regulations clarify and update the inclusion of specific allowances in the calculation of salary for long service leave purposes. Regulation 1 removes a reference to an allowance previously included in salary but since repealed, while Regulation 2 introduces a new regulation to include ‘experience allowance’ in salary for the purposes of the Act. This amendment ensures that the allowance, which is paid to tradesmen based on years of service, is now properly accounted for in long service leave calculations. Regulation 3 standardises terminology within the Regulations by replacing the term ‘furlough’ with ‘long service leave’, reflecting the transition from the Commonwealth Employees’ Furlough Act 1943 to the current legislative framework. These amendments are made under the authority of the Public Service Board, ensuring they are consistent with the intent and operation of the Long Service Leave (Commonwealth Employees) Act 1976.
Key Provisions
The main operative sections of the Long Service Leave (Commonwealth Employees) Regulations (Amendment) involve adjustments to the existing regulations to align them with the Long Service Leave (Commonwealth Employees) Act 1976. Specifically, Regulation 1 removes paragraph 4(1)(g) of the existing Regulations, which previously included an allowance under regulation 94A of the Public Service Regulations in salary for the purposes of the Act. This change follows the repeal of regulation 94A. Regulation 2 introduces a new regulation, 4DA, which includes the 'experience allowance' for tradesmen employed under the Australian National Railways Act 1917 in the salary for long service leave purposes. This allowance, which varies with years of service, is currently set at $3, $6, or $9 per week after 4, 6, or 8 years of experience respectively. Regulation 3 and its accompanying schedule amend all references from 'furlough' to 'long service leave', reflecting the shift in terminology when the Long Service Leave (Commonwealth Employees) Act 1976 replaced the Commonwealth Employees' Furlough Act 1943.
The obligations imposed by these regulations on parties or entities governed by the Act primarily concern the calculation and inclusion of specific allowances within the salary for long service leave purposes. The amendment in Regulation 1 necessitates that any allowance previously included under regulation 94A of the Public Service Regulations no longer be considered in salary calculations. Conversely, Regulation 2 mandates that the 'experience allowance' for tradesmen employed under the Australian National Railways Act 1917 be included in the salary for long service leave calculations. Additionally, Regulation 3 requires a uniform update of terminology across the Regulations, replacing 'furlough' with 'long service leave' to ensure consistency with the current legislative framework.
Breaches of the provisions outlined in these regulations may lead to significant consequences, although the specific offences, penalties, or consequences are not detailed in the text. Typically, non-compliance with regulations that govern entitlements and allowances could result in legal actions, including civil penalties or administrative actions. However, the exact penalties for non-compliance with these specific amendments are not provided in the text. The maximum penalties for breaches of such regulations can vary widely depending on the nature of the breach and the specific regulations involved. In general, penalties could include fines or other administrative sanctions designed to enforce compliance with the Act and its regulations.