Commonwealth Numbered Regulations - Explanatory Statements

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LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO.354

Statutory Rules 1992 No. 354

Issued by the Authority of the Minister for Industrial Relations

Long Service Leave (Commonwealth Employees) Apt 197

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (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 for long service leave purposes is the period during which the employee has been continuously in Government Service.

Subsection 7(2) of the Act provides that employment with a person, authority, institution or body (including a company), whether incorporated or not, that is prescribed in the regulations, shall be taken into account for the purposes of section 11 as if it had been employment in Government service.

Subregulation 8(1) of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that, for the purposes of section 11 of the Act, a period of employment in the service of a person, authority, institution or body referred to in column 2 of Schedule 2 is taken to be employment in Government service.

It has been longstanding practice to recognise service with organisations which are wholly government owned as service for the purposes of section 11 of the Act.

It was necessary to amend Schedule 2 of the Regulations to include four organisations for the purposes of section 11 of the Act.

The Commonwealth Funds Management Limited Act 1990 (the CFM Act) reconstituted the Superannuation Fund Investment Trust (the SFIT) as the Commonwealth Funds Management Limited (CFM Ltd), a wholly government owned business enterprise. Prior to this, employees of the SFIT were covered by the provisions of the Act by virtue of the SFIT being a Commonwealth authority.

Schedule 2 has been amended to include employment with CFM Ltd, for the purposes of the Act.

Employment with three other bodies also needed to be included in the Regulations. This followed a policy decision that employment with government owned bodies, which have not already been prescribed in the Regulations, should now also been included.

Schedule 2 of the Regulations has been further amended to insert the Australian ViceChancellors' Committee, the International Development Program of Australian Universities and Colleges Limited and the National Institute of Dramatic Art into that Schedule.