{"id":"tas:sr-2024-084","name":"Long Service Leave (State Employees) Regulations 2024","slug":"long-service-leave-state-employees-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"84 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174534,"registerId":"tas-sr-2024-084-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Long Service Leave (State Employees) Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-084) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 19 December 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Long Service Leave (State Employees) Act 1994](/view/html/inforce/2026-04-12/act-1994-013) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed office","content":"### 4 Prescribed office\n\n> For the purpose of [paragraph (c) of the definition of ***prescribed authority*** in section 3](/view/html/inforce/2026-04-12/act-1994-013#GS3@Nd14@Hpc@EN) of the Act, the position of the General Manager of Corporate Services of the Department is a prescribed office.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Holidays","content":"### 5 Holidays\n\n> For the purposes of the Act –\n> \n> > > (a) a day that is a statutory holiday, within the meaning of the [Statutory Holidays Act 2000](/view/html/inforce/2026-04-12/act-2000-096) , is prescribed as a holiday for the whole State; and\n> > \n> > > (b) a day that is a statutory holiday, for an area of the State specified in column 3 of [Part 1 of Schedule 1 to the](/view/html/inforce/2026-04-12/act-2000-096#JS1@HS1@EN) [Statutory Holidays Act 2000](/view/html/inforce/2026-04-12/act-2000-096) , is prescribed as a holiday for that area.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Appeals","content":"### 6 Appeals\n\n> > (1)  An appeal under [section 22](/view/html/inforce/2026-04-12/act-1994-013#GS22@EN) of the Act is to be instituted by a notice of appeal in accordance with Form 1 in [Schedule 1](#JS1@EN) .\n> \n> > (2)  On the hearing of such an appeal, evidence and matters not raised before a Commissioner may only be admitted by leave of the Full Bench hearing the appeal.\n> \n> > (3)  A Full Bench may determine whether it is to hear both evidence and argument in respect of the appeal.\n> \n> > (4)  On the hearing of the appeal, a Full Bench –\n> > \n> > > > (a) is to act according to equity, good conscience and the merits of the matter without regard to technicalities or legal forms; and\n> > > \n> > > > (b) may direct itself by the best evidence it can obtain, whether that evidence is admissible in a court or not.\n> \n> > (5)  On the hearing of the appeal, a Full Bench is to consider any reason given by a Commissioner for any determination.\n> \n> > (6)  The provisions of [sections 16](/view/html/inforce/2026-04-12/act-1995-070#GS16@EN) , [22](/view/html/inforce/2026-04-12/act-1995-070#GS22@EN) , [23](/view/html/inforce/2026-04-12/act-1995-070#GS23@EN) , [25](/view/html/inforce/2026-04-12/act-1995-070#GS25@EN) , [26](/view/html/inforce/2026-04-12/act-1995-070#GS26@EN) and [27 of the](/view/html/inforce/2026-04-12/act-1995-070#GS27@EN) [Commissions of Inquiry Act 1995](/view/html/inforce/2026-04-12/act-1995-070) apply in an appeal before the Full Bench as if –\n> > \n> > > > (a) a reference to the Commission in those provisions were a reference to the Full Bench; and\n> > > \n> > > > (b) a reference to a Commissioner in those provisions were a reference to a member of the Full Bench.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Form","sectionType":"part","heading":"SCHEDULE 1 - Form","content":"# SCHEDULE 1 - Form SCHEDULE 1 - Form\n\n[Regulation 6](#GS6@EN)","sortOrder":6},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/lslstem14.gif)](/image/lslstem14.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 11 December 2024\n\nThese regulations are administered in the Department of Justice.","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Long Service Leave (State Employees) Act 1994. They address specific administrative gaps (prescribed offices, holidays, and appeal procedures) without expanding into new policy areas."},"complexity_factors":["Only 1 defined term in the interpretation section ('Act')","Short length — 6 substantive regulations plus a schedule containing a single form","Minimal cross-referencing — only references to the parent Act, the Statutory Holidays Act 2000, and the Commissions of Inquiry Act 1995","Simple conditional logic — primarily descriptive provisions rather than complex triggers or exceptions","No nested exceptions or layered definitions","Single schedule with one prescribed form (Form 1)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out practical details for how Tasmania's long service leave system works for state government employees. They fill in the gaps left by the main Act (the Long Service Leave (State Employees) Act 1994) by specifying:\n\n* **Who counts as a 'prescribed authority'** — specifically adding the General Manager of Corporate Services of the Department to the list of offices covered by the Act\n* **Which days count as holidays** — confirming that statutory holidays under the Statutory Holidays Act 2000 are recognised as holidays for long service leave purposes across the whole state or specific regions\n* **How appeals work** — setting out the process for appealing decisions made by a Commissioner, including:\n  * The form to use (Form 1 in Schedule 1)\n  * That new evidence can only be introduced with permission\n  * That the Full Bench (a panel of decision-makers) decides how to run the hearing\n  * That they should focus on fairness and the merits rather than technical legal rules\n  * That they can accept any evidence they think helpful, even if courts normally wouldn't allow it\n  * That certain rules from the Commissions of Inquiry Act 1995 apply to these appeals\n\n**Who it affects:**\n\n* Tasmanian state government employees seeking long service leave\n* The General Manager of Corporate Services of the Department (now explicitly covered)\n* Commissioners and Full Benches hearing appeals about long service leave decisions\n\n**Why it matters:**\n\nThese regulations ensure the long service leave system actually functions day-to-day. Without them, employees wouldn't know which days are holidays for calculating leave, how to appeal if they disagree with a decision, or whether certain senior positions are covered by the scheme."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not expand or narrow who is entitled to long-service leave under the Act. They provide administrative and procedural details—commencement date (reg 2), a prescribed office for the Act's definition of prescribed authority (reg 4), which statutory holidays count for leave calculations (reg 5), and appeal procedures and form requirements (reg 6 and Schedule 1)—thus implementing, not altering, the Act's substantive scope."},"complexity_factors":["Cross-references to multiple external Acts (Long Service Leave (State Employees) Act 1994; Statutory Holidays Act 2000; Commissions of Inquiry Act 1995) increase reading required to fully understand effect (regs 3, 5, 6).","Procedural discretions in appeals (Full Bench may admit new evidence by leave; may determine hearing scope) create case-by-case legal uncertainty (reg 6(2)–(4)).","Administrative specification of a prescribed office (General Manager of Corporate Services) imposes an internal decision point but does not alter substantive entitlement (reg 4).","Use of a prescribed form (Form 1 in Schedule 1) and application of Commissions of Inquiry Act provisions creates formal compliance requirements for appellants (reg 6 and Schedule 1).","Mostly administrative and procedural detail rather than substantive law changes, reducing doctrinal complexity but requiring coordination across agencies for implementation."],"plain_english_summary":"These regulations put in place practical rules for how long-service leave for state employees works. They set the start date, identify a departmental office as a prescribed authority, specify which statutory holidays count for leave, and prescribe how appeals to the Full Bench are lodged and heard.\n\nThey affect state employees, managers and the Department of Justice as administrator. The State remains the payer of leave; the General Manager of Corporate Services is named as a decision-maker and the Full Bench controls appeal procedure and evidence (regs 4, 5, 6)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of these Regulations has shifted from the original intent — they appear to straightforwardly implement the administrative and procedural details of long service leave entitlements for Tasmanian state employees, consistent with the purpose of the enabling legislation."},"complexity_factors":["Regulations operate as subsidiary legislation — they must be read alongside the parent Act (Long Service Leave (State Employees) Act), adding a layer of cross-referencing","Applies to a specific, defined workforce (state employees) requiring understanding of who qualifies as a 'state employee'","Long service leave calculations can involve pro-rata entitlements, continuous service definitions, and break-of-service rules which are inherently technical","Limited operative text was available for analysis, meaning full complexity cannot be assessed with certainty","Interaction with broader Tasmanian public sector employment frameworks may create additional interpretive complexity"],"plain_english_summary":"These Regulations set out the practical rules for long service leave for Tasmanian state government employees — how entitlements are calculated, when and how leave can be taken, what happens on role changes or other special circumstances, and related administrative and record‑keeping requirements. They affect public servants and state agency workers by defining the processes that determine entitlement and access to long service leave. Check the full text for precise operative detail."}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-state-employees-regulations-2024","history":"/api/acts/long-service-leave-state-employees-regulations-2024/history","analysis":"/api/acts/long-service-leave-state-employees-regulations-2024/analysis","conflicts":"/api/acts/long-service-leave-state-employees-regulations-2024/conflicts","importantCases":"/api/acts/long-service-leave-state-employees-regulations-2024/important-cases","documents":"/api/acts/long-service-leave-state-employees-regulations-2024/documents"}}