EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 211
Long Service Leave (Commonwealth Employees) Regulations (Amendment)
(Issued with 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 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-section 7(2) of the Act provides that regulations may be made to enable previous employment of an employee in the service of a person, authority, institution or body (including a company) whether incorporated or not, that is referred to in the regulations, to be taken into account for the purposes of section 11 of the Act as if it had been employment in Government Service. Section 11 of the Act provides, inter alia, that for long service leave purposes, the period of service of an employee is the period during which the employee has been employed continuously in Government Service.
The Statutory Rules amend the Long Service Leave (Commonwealth Employees) Regulations to authorise the recognition, for long service leave purposes, of prior service with Army Health Benefits Society (AHBS).
AHBS was established at the direction of the Minister for the Army in 1953. It is a health benefits organisation registered under the National Health Act 1953.
It has been decided that service with AHBS be recognised for long service leave purposes, because of the Commonwealth’s direct interest in AHBS.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1987 No. 211 were enacted to amend the Long Service Leave (Commonwealth Employees) Regulations, thereby recognising service with the Army Health Benefits Society (AHBS) for long service leave purposes. The Long Service Leave (Commonwealth Employees) Act 1976 originally provided for the recognition of prior service in Government Service, but this amendment extends eligibility to employees of AHBS, which was established in 1953 as a health benefits organisation under the National Health Act 1953. This legislative change was made in recognition of the Commonwealth’s direct interest in AHBS, ensuring that employees of this entity can accrue long service leave benefits in a manner consistent with other Commonwealth employees. The regulations were issued with the authority of the Minister for Industrial Relations, aiming to address the gap in the recognition of service for long service leave purposes by including AHBS employees within the scope of the Act.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1987 No. 211, issued under the authority of the Minister for Industrial Relations, amend the existing regulations to extend the recognition of prior service for long service leave purposes to include employment with the Army Health Benefits Society (AHBS). The Act applies to Commonwealth employees and their previous employment with entities recognised under the regulations, thereby ensuring that such prior service can be considered when determining eligibility and entitlements for long service leave. The amendment specifically recognises service with AHBS, a health benefits organisation established in 1953 and registered under the National Health Act 1953, due to the Commonwealth’s direct interest in this entity. This amendment ensures that employees who have served with AHBS are afforded the same long service leave considerations as those employed in Government Service, thereby extending the scope of the Act to include this particular prior service.
Key Provisions
The primary operative sections of these regulations are sections 7(2) and 11 of the Long Service Leave (Commonwealth Employees) Act 1976, and the regulations themselves (Section 26). Section 7(2) allows for the recognition of previous employment with certain entities, including the Army Health Benefits Society (AHBS), for long service leave purposes. Section 11 specifies that for these purposes, an employee's period of service is the continuous time they have been employed in Government Service. The regulations amend the existing framework to officially recognise service with AHBS as equivalent to Government Service for the calculation of long service leave entitlements.
The obligations imposed by these regulations primarily concern the recognition and inclusion of service with AHBS in the calculation of long service leave for employees who have worked for AHBS prior to their employment in Government Service. Employers must now account for this prior service when determining an employee’s eligibility and the length of service for long service leave. This requires accurate record-keeping and verification of employment history with AHBS, ensuring that all relevant periods of service are appropriately considered.
Failure to comply with these regulations could result in significant consequences for both employers and employees. Employers who do not account for prior service with AHBS when calculating long service leave could face penalties for non-compliance, potentially including fines or other enforcement actions. Employees, on the other hand, may not receive the long service leave benefits to which they are entitled if their prior service is not recognised. The specific penalties for non-compliance are not detailed in the explanatory statement, but they may be found in the relevant sections of the Long Service Leave (Commonwealth Employees) Act 1976 or in other related legislation.