Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 130
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 130
(Issued by authority of the Minister for Workplace Relations and Small Business)
Long Service Leave (Commonwealth Employees) Act 1976
Long Service Leave (Commonwealth Employees) Regulations (Amendment)
The Long Service Leave (Commonwealth Employees) Act 1976 (the Act) makes provision for long service leave in respect of Commonwealth employees and certain other persons. The Act provides for persons employed 'in Government Service´ to be granted long service leave or a payment in lieu where the period of service of the person is at least 10 years.
Section 26 of the Act provides that the Governor-General may make regulations for the purposes of the Act..
Section 11 of the Act provides that the period of service of an employee is the period during which he or she has been employed continuously in Government Service. A person is taken to be employed in Government Service if the person is employed by the Commonwealth. In addition, subsection 7(2) of the Act allows the regulations to provide that previous employment of an employee in the service of a body referred to in the regulations shall be taken to be employment in Government Service.
Regulation 8 of the Long Service Leave (Commonwealth Employees) Regulations is made under subsection 7(2) and provides that the previous employment of an employee in the service of a person, authority, institution or body that is referred to in Schedule 2 shall be taken into account for the purposes of the Act as if it had been employment in Government Service.
The regulations amend Schedule 2 so as to enable an employee who is, or has been, transferred to:
* Health Services Australia, and
* Employment National (Administration) Pty Ltd,
by virtue of a declaration under section 81C(1) of the Public Service Act 1922, to count his or her period of service with those organisations as Government Service for long service leave purposes if they subsequently gain employment with other Commonwealth bodies bound by the Act.
Health Services Australia provides the full range of services previously provided by the Australian Government Health Service by staff employed under the Public Service Act 1922, including occupational health services such as independent health status assessments, workplace evaluations, vaccinations, and programs and seminars on workplace health issues.
Employment National (Administration) Pty Ltd provides supervisory, administrative, clerical and administrative support functions to Employment National Ltd, a Commonwealth owned company that is providing employment services from 1 May 1998.
The regulations commenced on the date of gazettal.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 130 addresses a gap in the Long Service Leave (Commonwealth Employees) Act 1976 by amending the regulations to ensure continuity of long service leave entitlements for employees transferred to certain entities. Enacted by the Governor-General under the authority of the Minister for Workplace Relations and Small Business, the objective of these regulations is to provide a seamless transition for employees who move between different Commonwealth-related bodies. By amending Schedule 2 of the regulations, the legislation allows employees transferred to Health Services Australia and Employment National (Administration) Pty Ltd to have their previous service recognised as government service for long service leave purposes if they later join other Commonwealth bodies governed by the Act. This amendment ensures that employees do not lose their long service leave entitlements due to organisational changes within the Commonwealth sector.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 130 pertains to the Long Service Leave (Commonwealth Employees) Act 1976 and serves to extend the application of long service leave provisions to certain Commonwealth employees who have been transferred to specific organisations. The Act applies to individuals employed "in Government Service," which includes those directly employed by the Commonwealth or whose previous employment with specified entities, as outlined in Schedule 2, is deemed equivalent to Government Service. This legislation is applicable on a national level within Australia, governed by the Commonwealth. The regulations specifically amend Schedule 2 to include Health Services Australia and Employment National (Administration) Pty Ltd, entities to which employees may be transferred under the Public Service Act 1922, ensuring that their service with these organisations can count towards their long service leave eligibility if they later gain employment with other Commonwealth bodies. The regulations, which came into effect on the date of their gazettal, illustrate how the scope of the Act can be extended through subordinate instruments to include additional entities and clarify the conditions under which long service leave entitlements accrue.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 130 (the Amendment) updates the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) to include certain previous employments as qualifying service for long service leave. The Act generally grants Commonwealth employees long service leave or a payment in lieu after 10 years of service (section 11). Section 26 of the Act empowers the Governor-General to make regulations for its purposes, and section 7(2) allows the regulations to consider previous employment in specified bodies as Government Service. Regulation 8 of the Amendment amends Schedule 2 to include Health Services Australia and Employment National (Administration) Pty Ltd, thereby counting their employees' service towards long service leave eligibility if they later join other Commonwealth bodies governed by the Act.
The Amendment imposes certain obligations on the parties it governs. For instance, employees who have been transferred to Health Services Australia or Employment National (Administration) Pty Ltd must ensure their service with these entities is recognised for long service leave purposes if they later transfer to another Commonwealth body. The regulations also require these bodies to maintain records and provide information necessary for the assessment of long service leave entitlements. Furthermore, the Amendment necessitates that the relevant Commonwealth bodies, such as Health Services Australia and Employment National Ltd, comply with the conditions set out in the regulations to ensure the correct application of long service leave provisions.
Failure to comply with the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 or the Amendment may result in various consequences. Under the Act, breaches may lead to civil or criminal penalties. For instance, section 26A imposes penalties for non-compliance, including fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach but may include significant financial penalties. Additionally, any failure to provide accurate records or information as required by the regulations could also result in enforcement actions, further underscoring the importance of compliance with these provisions.
The Amendment aims to ensure that employees who have served with Health Services Australia and Employment National (Administration) Pty Ltd receive appropriate recognition of their service for long service leave purposes. By amending Schedule 2, the Amendment ensures that these employees' service is counted towards their eligibility for long service leave if they transfer to other Commonwealth bodies. This provision is intended to provide fairness and consistency in the application of long service leave entitlements across different Commonwealth entities, thereby protecting the rights of employees who have served in these specified capacities.