EXPLANATORY STATEMENT
STATUTORY RULES 1983 No 218
LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
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.
The purpose of this amendment was to secure authority for recognition, for long service leave purposes, of prior service with the Australian Bicentennial Authority and the Australian Maritime College.
The Australian Bicentennial Authority is a wholly Commonwealth Government owned company (incorporated under the ACT Companies Ordinance 1962), established, funded and controlled by the Commonwealth and accountable to the Parliament through the Minister for Administrative Services.
The Australian Maritime College was established as a body corporate by the Federal Parliament in 1976. It is primarily funded by the Commonwealth and its accounts are audited by the Auditor-General. Other tertiary institutions such as the Australian National University and the Canberra College of Advanced Education have already been prescribed.
It is considered appropriate that service with the Australian Bicentennial Authority and the Australian Maritime College be recognised for the purposes of this Act.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1983 No 218, issued under the authority of the Public Service Board, were enacted to amend existing regulations concerning the recognition of prior employment for the purposes of long service leave entitlements for Commonwealth employees. This amendment was introduced to address the specific issue of recognising prior service with certain entities, including the Australian Bicentennial Authority and the Australian Maritime College, towards long service leave. The Long Service Leave (Commonwealth Employees) Act 1976 empowers the regulations to include periods of employment with entities continuous with the Commonwealth Government Service for long service leave purposes. This amendment aimed to formalise the recognition of service with the Australian Bicentennial Authority, a wholly Commonwealth-owned company, and the Australian Maritime College, a federally established body corporate, in line with the treatment of other prescribed entities such as the Australian National University and the Canberra College of Advanced Education. The policy objective was to ensure consistency and fairness in the recognition of prior service for long service leave entitlements among Commonwealth-related entities.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 2023 was enacted to extend the recognition of prior service with specific entities for long service leave purposes under the Long Service Leave (Commonwealth Employees) Act 1976. This amendment applies to employees who have had continuous employment with the Australian Bicentennial Authority and the Australian Maritime College, both of which are either wholly Commonwealth-owned entities or established by the Federal Parliament. By recognising service with these entities, the amendment ensures that periods of employment with these organisations are counted towards long service leave entitlements, just as if the service had been with the Commonwealth Government itself. This extension aligns with the existing provision for other tertiary institutions, such as the Australian National University and the Canberra College of Advanced Education, that are already recognised under the Act. The amendment is made under the authority provided by the Public Service Board and is designed to clarify and expand the scope of entities whose prior service can be considered for long service leave purposes.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1983 No 218 provides amendments that enable the recognition of prior service with the Australian Bicentennial Authority and the Australian Maritime College for long service leave purposes. Under Section 7 of the Long Service Leave (Commonwealth Employees) Act 1976, employment with the Australian Bicentennial Authority and the Australian Maritime College, which is continuous with Government Service, will be taken into account for long service leave as if it were employment in Government Service. This is in line with the intent of Section 11 of the Act, which allows for the inclusion of certain continuous employment periods in the calculation of long service leave.
These regulations impose specific obligations on the entities governed by them. The Australian Bicentennial Authority and the Australian Maritime College, being wholly Commonwealth-owned and funded, must ensure that their employment records are accurately maintained to reflect periods of service that can be recognised for long service leave purposes. This includes verifying and documenting the continuity of employment with the Government Service, ensuring that all requisite information is reported to the relevant authorities. Moreover, the employees of these entities must be informed of the implications of these regulations regarding their long service leave entitlements.
Failure to comply with the provisions of these regulations can result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of employment regulations can typically lead to fines, legal actions, or other administrative penalties. In the context of long service leave, incorrect application of these regulations might result in disputes over leave entitlements, which could be subject to resolution through the Fair Work Commission or other relevant tribunals. It is important for both the employers and employees to adhere to these regulations to avoid potential legal and financial repercussions.