Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L01116 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Minister for Territories, Local Government and Major Projects

 

Norfolk Island Applied Laws Ordinance 2016

 

Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016

 

The Minister for Territories, Local Government and Major Projects has made this rule under section 7 of the Norfolk Island Applied Laws Ordinance 2016 (the Ordinance), which was made under section 19A of the Norfolk Island Act 1979.

 

Subsection 7(1) of the Ordinance provides that the Minister may, by legislative instrument, make rules amending the Ordinance so as to amend or repeal an applied law, or to make application, savings or transitional provision in relation to any amendments or repeals of applied laws.  Subsection 7(2) provides limitations on the rule making power.

 

The Ordinance amended the Long Service Leave Act 1955 (NSW)(NI) (LSL Act) to enable the extension of long service leave arrangements to Norfolk Island from 1 July 2016.

 

The Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016 (the Rule) amends the Ordinance to modify the application of the LSL Act in relation to Norfolk Island.

The purpose of the Rule is to ensure that long service leave under the LSL Act only accrues from 1 July 2016, without removing existing long service leave entitlements of eligible employees on Norfolk Island.  The Rule also ensures that Norfolk Island public holidays are recognised for the purposes of long service leave accrual.

A Statement of Compatibility with Human Rights is set out at Attachment A.

The Australian Government Department of Employment and the Fair Work Ombudsman undertook consultation with employers, employer groups and workers on the amendments relating to employment.

The Rule is a legislative instrument for the purpose of the Legislation Act 2003.

The Rule commences immediately after the commencement of the Ordinance on 1 July 2016.

Details of the Rule are set out at Attachment B.

 

 

Authority: Section 7 of the Norfolk Island Applied Laws Ordinance 2016


ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016

The Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of Legislative Instrument

The Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016 (the Rule) amends the Norfolk Island Applied Laws Ordinance 2016 to amend the Long Service Leave Act 1955 (NSW)(NI) (LSL Act).   The purpose of the Rule is to ensure that long service leave under the LSL Act accrues from 1 July 2016, without removing existing long service leave entitlements of eligible employees on Norfolk Island.  The Rule also ensures that Norfolk Island public holidays are recognised for the purposes of long service leave accrual.

Human rights implications

The Legislative Instrument engages the following rights:

  • The right to work and rights at work

The right to work and rights at work

Articles 6(1) and 7(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognise the right to work, which includes the right of everyone to the opportunity to gain his or her living by work which he or she freely chooses or accepts. Under these Articles, States Parties undertake to take appropriate steps to safeguard this right. Under Article 2(1) of ICESCR, a country is obliged to take steps to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in ICESCR. Article 7 of ICESCR recognises the ‘right of everyone to the enjoyment of just and favourable conditions of work’. The United Nations Committee on Economic, Social and Cultural Rights has stated that this right encompasses the right to fair wages and equal remuneration for work of equal value, safe and healthy working conditions, and rest, leisure and reasonable limitation of working hours, among other elements.

The Rule does not limit the right to work or the right to the enjoyment of just and favourable conditions of work.  The application of the LSL Act makes provisions entitling workers to long service leave, and does not affect long service leave rights accrued previously. The LSL Act is complementary to the extension of the Fair Work Act 2009 (Cth), among other Commonwealth laws, on 1 July 2016.  The Rule makes amendments to the Norfolk Island Applied Laws Ordinance 2016 to support the application of provisions in the LSL Act, which operates to enhance the ability of eligible employees on Norfolk Island to realise their right to just and favourable conditions of work.

Conclusion

This Legislative Instrument is compatible with human rights because it promotes the protection of human rights.


         ATTACHMENT B

 

Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016

 

Section 1

 

Section 1 provides the name of the rule as the Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016 (the Rule). 

 

Section 2

 

Section 2 provides that the Rule commences immediately after the commencement of the Ordinance.  The Norfolk Island Applied Laws Ordinance 2016 (the Ordinance) commences on 1 July 2016.  This is the day the Long Service Leave Act 1955 (NSW)(NI) (LSL Act), as modified, extends to Norfolk Island.

 

Section 3

 

Section 3 refers to section 7 of the Ordinance as the legislative authority under which the rule is made.  The Rule is made before the commencement of the Ordinance in reliance on section 4(2) of the Acts Interpretation Act 1901 (as it applies through the operation of paragraph 13(1)(a) of the Legislation Act 2003).

 

Section 4

 

Section 4 provides that the Ordinance is modified by Schedule 1 to the Rule.

 

Schedule 1 – Amendments

 

Norfolk Island Applied Laws Ordinance 2016

 

Item 1 – After item 6 of Schedule 5

 

This item inserts items 6A, 6B and 6C into the Ordinance. 

 

Item 6A amends subsection 4(1) of the LSL Act to provide that service on or after 1 July 2016, or service to which an agreement applied before 1 July 2016 (if immediately before 1 July 2016, the worker was entitled under that agreement to leave in the nature of long service leave) is taken into account for the purposes of calculating the amount of long service leave that the worker will be entitled to under section 4.  This modifies the point in time from which the entitlement for long service leave accrues to coincide with the commencement of the LSL Act.  New paragraph 4(1)(b)  has some retroactive application which is appropriate to ensure that pre-existing long service leave entitlements (if any) are preserved for Norfolk Island workers. 

 

Item 6B replaces the reference to “appointed by the Governor as a public holiday to be observed generally throughout New South Wales” with “that is a public holiday within the meaning of the Fair Work Act 2009 of the Commonwealth. This ensures recognition of Norfolk Island public holidays for the purposes of long service leave accrual.  This includes both:

  • the standard eight national public holidays in paragraph 115(1)(a) of the Fair Work Act; and
  • additional public holidays provided for in section 9 of the Employment Act 1988 (NI), as permitted by paragraph 115(1)(b) of the Fair Work Act.

 

The reference to the Fair Work Act 2009 is a reference to that Act as in force from time to time (see section 10 of the Acts Interpretation Act 1901, applying through the operation of section 13(1)(a) of the Legislation Act 2003).

 

Item 6C provides that the amendments made by items 6A and 6B have effect from the start of 1 July 2016.  This amendment is slightly retrospective to the commencement of the rule, which commences immediately after 1 July 2016.  This slight retrospectivity is intended to prevent conflicting requirements relating to the point in time from which long service leave accrues.

Overview

The Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016, made under the authority of the Norfolk Island Applied Laws Ordinance 2016, addresses the gap in long service leave arrangements on Norfolk Island by extending the application of the Long Service Leave Act 1955 (NSW)(NI) from 1 July 2016. The rule was enacted by the Minister for Territories, Local Government and Major Projects to ensure that long service leave accruals align with the commencement of the Long Service Leave Act on Norfolk Island. Importantly, it preserves existing long service leave entitlements for eligible employees on the island while also recognising Norfolk Island public holidays for the purposes of leave accrual. This legislative instrument aims to uphold workers' rights to fair working conditions, as recognised under international human rights instruments, by extending the protection of long service leave entitlements to Norfolk Island employees. The rule was developed following consultations with relevant stakeholders, including employers, employer groups, and workers, to ensure that the amendments relating to employment are practical and effective. Commencing immediately after the commencement of the Ordinance on 1 July 2016, the rule ensures a smooth transition and alignment of the Long Service Leave Act with other applicable Commonwealth laws on Norfolk Island. A Statement of Compatibility with Human Rights is included, affirming that the rule is consistent with human rights and freedoms as recognised in international instruments.

Scope and Application

The Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016 is a legislative instrument that amends the Norfolk Island Applied Laws Ordinance 2016 to modify the application of the Long Service Leave Act 1955 (NSW)(NI) (LSL Act) in relation to Norfolk Island. The rule ensures that long service leave under the LSL Act only accrues from 1 July 2016, without removing existing long service leave entitlements of eligible employees on Norfolk Island. It also ensures that Norfolk Island public holidays are recognised for the purposes of long service leave accrual. The rule applies to eligible employees on Norfolk Island and aims to provide them with fair and favourable conditions of work. The rule is compatible with human rights as it promotes the protection of human rights. It is a legislative instrument for the purpose of the Legislation Act 2003 and commences immediately after the commencement of the Ordinance on 1 July 2016. The rule is made under section 7 of the Norfolk Island Applied Laws Ordinance 2016 and is a legislative instrument for the purpose of the Legislation Act 2003.

Key Provisions

The Norfolk Island Applied Laws Amendment (Long Service Leave) Rule 2016 (the Rule) primarily modifies the application of the Long Service Leave Act 1955 (NSW)(NI) (LSL Act) in relation to Norfolk Island, ensuring that long service leave under this Act accrues from 1 July 2016, without affecting the existing entitlements of eligible employees on Norfolk Island. This is achieved through amendments to the Norfolk Island Applied Laws Ordinance 2016 (the Ordinance) (Item 6A, Schedule 1). The Rule also ensures that Norfolk Island public holidays are recognised for the purposes of long service leave accrual (Item 6B, Schedule 1). These amendments have effect from the start of 1 July 2016 (Item 6C, Schedule 1). The Rule imposes specific obligations on the parties and entities governed by the Ordinance. Employers and employees on Norfolk Island must adhere to the modified provisions of the LSL Act, which now includes the recognition of Norfolk Island public holidays for long service leave accrual. This ensures that the accrual of long service leave aligns with the commencement of the LSL Act on Norfolk Island, while preserving any pre-existing entitlements that workers may have accrued prior to this date. The modifications made by the Rule are designed to facilitate a smooth transition and application of the LSL Act in this context. Failure to comply with the provisions of the Rule may result in legal consequences. However, the explanatory statement does not detail specific offences, penalties, or civil/criminal consequences for breach. It is essential for employers and employees to ensure that they are aware of and adhere to the amended provisions of the LSL Act as modified by the Rule to avoid any potential legal repercussions. The Rule, as a legislative instrument, is subject to the provisions of the Legislation Act 2003, which may include mechanisms for enforcement and compliance. The Rule is compatible with human rights as it promotes the protection of the right to work and rights at work, as recognised in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The amendments to the LSL Act, as supported by the Rule, aim to enhance the ability of eligible employees on Norfolk Island to realise their right to just and favourable conditions of work. This compatibility is further detailed in the Statement of Compatibility with Human Rights set out in Attachment A.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.