Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 85

Statutory Rules 1999 No. 85

Issued by the Authority Minister for Employment, Workplace Relations, and Small Business

Long Service Leave (Commonwealth Employees) Act 1976

Long Service Leave (Commonwealth Employees) Amendment Regulations 1999 (No. 1)

The Long Service Leave (Commonwealth Employees) Act 1976 (the Act) makes provision for long service leave in respect of persons employed by the Commonwealth in Government Service or employed in an authority, institution or body recognised by statute, or prescribed by regulations.

Section 26 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The Regulations amend the Long Service Leave (Commonwealth Employees) Regulations (the LSL Regulations) to apply new terminology for credit unions and similar institutions, and to provide for service by employees compulsorily transferred from the Australian Broadcasting Corporation (ABC) to specified ABC orchestral network companies to be recognised as prior service for the purposes of the Act.

Amendment of Regulation 4E (Item 1 of the Schedule)

One category of office prescribed in the LSL Regulations is an office in a credit union, cooperative society, building cooperative or similar body, registered or incorporated under State or Territory law. The relevant provision is Regulation 4E as made under ss. 12(4) and (11) of the Act.

The amendment of Regulation 4E is consequent on amendment of the Banking Act 1959 to provide for credit unions and similar approved deposit-taking institutions (ADIs). The amendment does not change the effect of Regulation 4E but maintains the status quo.

Amendment of Schedule 2 to the Regulations (Item 2 of the Schedule

Subsection 7(2) of the Act allows the LSL 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 as defined in s. 10 of the Act.

Regulation 8 of the LSL Regulations is made under ss.7(2) of the Act. It 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 amendment of Schedule 2 is to enable an employee who has been compulsorily transferred from the ABC to one of its subsidiary companies on the dates specified to count his or her period of service with those organisations as Government Service for long service leave purposes if he or she subsequently regains employment with other Commonwealth bodies bound by the Act. The subsidiary companies of the ABC are:

Symphony Australia Holdings Pty Ltd Melbourne Symphony Orchestra Pty Ltd Adelaide Symphony Orchestra Pty Ltd, or West Australian Symphony Orchestra Holdings Pty Ltd.

The opportunity has been taken to renumber all items in Schedule 2 to the LSL Regulations. The remaking of Schedule 2 is therefore for drafting reasons only.

The Regulations are taken to have commenced on 1 July 1998. This is the date on which employees are to be taken to have transferred from the ABC to one of the subsidiary companies specified above.

The retrospective application of these Regulations does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.