EXPLANATORY STATEMENT
LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
STATUTORY RULES 1982 NO 313
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 (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 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 Institute of Sport.
The Australian Institute of Sport was established by the Commonwealth in 1980 as a company limited by guarantee under the A.C.T. Companies Ordinance 1962. The Institute is primarily funded by the Commonwealth and its accounts are audited by the Auditor-General. It is proposed that, because of the Commonwealth’s direct interest in this company, service with the Institute be recognised for long service leave purposes.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No. 313 were enacted to address a gap in the recognition of prior employment for long service leave purposes. This amendment was issued with the authority of the Public Service Board and is intended to ensure that periods of employment with the Australian Institute of Sport are considered equivalent to employment in Government Service for the calculation of long service leave. This was necessitated by the establishment of the Australian Institute of Sport as a company limited by guarantee under the A.C.T. Companies Ordinance 1962 and its direct funding and oversight by the Commonwealth. The policy objective is to provide a consistent and fair approach to long service leave entitlements for employees who have transitioned between public sector roles, ensuring that service with entities closely associated with the Commonwealth is appropriately recognised.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 313 applies to the recognition of long service leave for Commonwealth employees, specifically addressing the inclusion of prior service with the Australian Institute of Sport (AIS) for long service leave purposes. This amendment is enacted under the authority of the Public Service Board and operates pursuant to sections 7 and 11 of the Long Service Leave (Commonwealth Employees) Act 1976, which allow for the regulation of matters necessary to implement the Act. The amendment recognises continuous employment with the AIS, a company established by the Commonwealth in 1980 and primarily funded by it, as qualifying service for long service leave, aligning with the broader objective of the Act to provide for the accumulation of leave entitlements through continuous service within entities of interest to the Commonwealth. This amendment does not explicitly state exclusions or thresholds but operates within the jurisdictional reach of Commonwealth legislation, impacting employees of entities directly funded and governed by the Commonwealth. The regulation extends its application through the prescribed recognition of service with the AIS, subject to the overarching provisions of the Long Service Leave (Commonwealth Employees) Act 1976.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1982 No 313, issued under the authority of the Public Service Board, amend existing regulations to include service with the Australian Institute of Sport (AIS) for the purposes of long service leave. Section 7 and section 11 of the Long Service Leave (Commonwealth Employees) Act 1976 allow these regulations to recognise prior employment with specified entities as if it were government service. Section 26 of the Act grants the Governor-General the power to create regulations necessary to implement the Act's provisions. The amendment explicitly includes the AIS, established by the Commonwealth in 1980 as a company limited by guarantee, for long service leave considerations.
The regulations impose specific obligations on both the AIS and Commonwealth employees. For the AIS, the main requirement is to ensure that its service records are maintained in a manner that allows for accurate verification of employment periods for long service leave purposes. Commonwealth employees, on the other hand, must provide accurate information regarding their prior employment with the AIS to qualify for long service leave benefits. The AIS must also cooperate with the Commonwealth in the verification process, ensuring that all records are accessible and verifiable.
Failure to comply with the requirements set out in these regulations may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, the Act provides for enforcement mechanisms to ensure compliance. Breaches of the regulations could potentially lead to legal action, with the severity of the penalties depending on the nature and extent of the non-compliance. It is important for both the AIS and employees to adhere to these regulations to avoid any adverse consequences.