1
Name of regulations \[see Note 1\]
1 Name of regulations [see Note 1]
These regulations are the Long Service Leave (Commonwealth Employees) Regulations 1957.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations set out how long service leave for Commonwealth employees is worked out and paid. They define which payments count as "salary" (including many specific allowances and some exclusions), prescribe particular offices and maritime classifications, and list authorities and earlier employers whose service is treated as Government service.
They affect current and former Commonwealth employees and people with prior service at listed bodies. They matter because they determine entitlement, the monetary basis for leave or payout, and administrative conditions (timing, written approvals and eligibility tests) that agencies must apply.
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Direct links to the current provisions in Long Service Leave (Commonwealth Employees) Regulations 1957.
1 Name of regulations [see Note 1]
These regulations are the Long Service Leave (Commonwealth Employees) Regulations 1957.
2 Interpretation
In these Regulations, the Act means the Long Service Leave (Commonwealth Employees) Act 1976.
3 Declaration of body corporate — paragraph 4 (6) (c) of the Act
A company referred to in column 2 of Schedule 1A is declared to be a body corporate to which paragraph 4 (6) (c) of the Act applies.
4 Emoluments included in salary
(1) For the purposes of the Act, salary includes the following allowances:
(a) an allowance in respect of the possession of certain qualifications;
(b) an allowance in respect of the performance of duties additional to the ordinary duties of an office or position, not being an allowance in respect of the performance of such duties for a temporary period;
(c) an allowance in lieu of quarters;
(d) an allowance payable to a person as an officer‑in‑charge;
(e) an allowance payable:
(i) to a motor lorry driver under paragraph (a) of clause 1 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by any subsequent determination;
(ii) to a mail officer in charge of a travelling post office van under clause 1 of the Determination No. 9 of 1928 made by the Public Service Arbitrator, as varied by any subsequent determination;
(iii) to a postal officer under clause 14 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by any subsequent determination;
(iv) under paragraph (c) of Schedule A to Determination No. 22 of 1935 made by the Public Service Arbitrator, as varied by any subsequent determination; or
(v) under clause 14 of Determination No. 36 of 1952 made by the Public Service Arbitrator, as varied by any subsequent determination;
for not less than two‑thirds of the working time of the recipient in the period of twelve months immediately preceding the date upon which the recipient’s long service leave commences or payment is made in lieu of long service leave, as the case may be;
(f) an allowance payable to a Commonwealth employee, not being an allowance payable to a fruit inspector (supervising) in lieu of overtime, for the Commonwealth employee’s possession of the same qualifications, or compliance with the same conditions, as those specified in the Second Schedule to the Public Service Regulations in respect of the occupant of an office the designation of which is specified in that Schedule and the duties of which the Commonwealth employee is performing; and
(h) subject to the next succeeding subregulation, an allowance payable under clause 1 of Determination No. 13 of 1930 made by the Public Service Arbitrator, as varied by subsequent Determinations, to telephonists employed in the operation of the overseas radio telephone service.
(1A) The conditions subject to which payments to a person in accordance with the Act are to include amounts payable by way of the allowance referred to in paragraph (h) of the last preceding subregulation are that the person has received the allowance for not less than two-thirds of the person’s working time in the twelve months immediately preceding the date upon which the person’s long service leave commences or payment is made in lieu of long service leave, as the case may be.
(2) For the purpose of the Act, salary includes an allowance, in the succeeding subregulations of this regulation referred to as group incentive allowance, payable to a person employed under the Supply and Development Act 1939‑1966 in pursuance of a scheme known as a group incentive scheme.
(3) The conditions subject to which payments to a person in accordance with the Act are to include amounts by way of, or in respect of, group incentive allowance are:
(a) that the person was employed under the Supply and Development Act 1939‑1966 throughout the period of twelve months immediately preceding the date upon which the person’s long service leave commences or payment is made in lieu of long service leave, as the case may be; and
(b) that the person was not, at any time during that period of twelve months, employed in such a capacity that the person was not a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance.
(4) Where the salary of a person employed under the Supply and Development Act 1939‑1966 includes group incentive allowance but the person was not paid that allowance at the same rate per week throughout the period of twelve months referred to in subregulation (3), an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the person:
(a) an amount equal to the annual salary of the person excluding any allowances that are to be included in the person’s annual salary by virtue of these Regulations;
(b) an amount in respect of group incentive allowance equal to the sum of the amounts of the allowance referred to in subregulation (2) payable in pursuance of a group incentive scheme that were paid or are deemed to have been paid to the person each week during the period of twelve months referred to in subregulation (3); and
(c) an amount equal to the sum of the annual amounts payable to the person in respect of each other allowance that is included in the salary of the person by virtue of these Regulations.
(5) A person employed under the Supply and Development Act 1939‑1966 who was a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance, at a particular rate per week, in respect of a week but was not paid that allowance in respect of that week shall, for the purpose of the application of subregulation (4) in relation to the person, be deemed to have been paid that allowance in respect of that week at the same rate per week.
(7) A reference in this regulation to a class of persons employed under the Supply and Development Act 1939‑1966 shall be read as a reference to a class of persons so employed that constitutes a group of persons for the purpose of the scheme referred to in subregulation (2) of this regulation.
4B Salary to include higher duties allowance
(1) For the purposes of the Act, salary includes an allowance (in this regulation called higher duties allowance) payable to a person in respect of the performance of the duties of an office having a higher classification than the person’s own office.
(2) The conditions subject to which the salary payable in accordance with section 20 of the Act to an employee in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance are:
(a) that the salary that has been paid or is payable to the employee in respect of the employee’s employment on the relevant day includes an amount in respect of higher duties allowance;
(b) that the approving authority has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, the part of the period of long service leave in respect of which the salary is payable, the employee could, if the employee were not absent on long service leave, reasonably have been expected to perform:
(i) the duties that the employee was performing, or would, but for the employee’s absence on authorized leave, have performed on the relevant day; or
(ii) where the employee has performed, or would, but for the employee’s absence on authorized leave, have performed, for periods that were continuous with one another and with the period of long service leave, the duties of 2 or more offices each of which has a higher classification than the employee’s own classification — the duties of the office, being one of those last‑mentioned offices, specified in the certificate; and
(c) that the period specified in the certificate referred to in paragraph (b) is a period that commences on the expiration of:
(i) the relevant day; or
(ii) a period specified in a certificate given in accordance with paragraph (b) by the approving authority in respect of another part of the period of long service leave of the employee.
(3) Where:
(a) the salary payable in accordance with section 20 of the Act to an employee, being an employee referred to in subparagraph (2) (b) (ii), in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance; and
(b) the approving authority has in accordance with paragraph (2) (b) specified in a certificate given in respect of that part of the period of long service leave of the employee an office other than the office the duties of which the employee was performing, or would, but for the employee’s absence on authorized leave, have performed on the relevant day;
that amount is to be included in the salary payable to the employee in respect of that part of the period of long service leave to the extent only that it would be so included if the employee had performed on the relevant day the duties of the office specified in the certificate.
(4) The condition subject to which a payment in accordance with subsection 16 (4) or 17 (2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance is:
(a) that the person has, or would, but for the person’s absence on authorized leave, have, during a continuous period of not less than 12 months ending on the expiration of the relevant day, performed the duties of a single office having a higher classification than the person’s own office; or
(b) that, immediately before the person ceased to be an employee, the person has, or would, but for the person’s absence on authorized leave, have performed the duties of 2 or more offices each of which has a higher classification than the person’s own classification for periods that were continuous with one another and the aggregate of which is not less than 12 months.
(5) Where:
(a) a payment in accordance with subsection 16 (4) or 17 (2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance; and
(b) at any time during the period of 12 months immediately preceding the relevant day, the person (being a person referred to in paragraph (4) (b)) performed the duties of an office in respect of which higher duties allowance was payable to the person at a rate that is lower than the rate of the allowance payable to the person for the duties performed by the person on the relevant day;
that amount is to be included in the payment referred to in paragraph (a) to the extent only that it would be so included if the person had performed on the relevant day the duties in respect of which higher duties allowance was payable to the person at the lower or lowest rate, as the case may be, at which such an allowance was payable to the person during that period of 12 months.
(6) In this regulation, relevant day:
(a) in relation to an employee who has been granted long service leave, means the day immediately preceding the day on which that leave commences; and
(b) in relation to a person who ceases to be an employee, means the day on which the person ceases to be an employee.
4C Salary to include proficiency allowance
(1) For the purposes of the Act, salary includes the allowance, known as proficiency allowance, payable to persons employed under the Snowy Mountains Hydro‑electric Power Act 1949‑1966.
(2) The condition subject to which payments to a person in accordance with the Act are to include amounts in respect of proficiency allowance is that the person was in receipt of that allowance immediately before the person’s long service leave commences or payment is made in lieu of long service leave, as the case may be.
(3) Where a person is paid salary otherwise than by way of uniform amounts in respect of uniform periods by reason of the fact that the person is not paid proficiency allowance at a uniform rate, an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the person:
(a) an amount equal to the annual salary of the person excluding any allowances that are to be included in the person’s annual salary by virtue of these Regulations;
(b) an amount, in respect of proficiency allowance, equal to the amount of proficiency allowance that would be payable to the person in a year if the person were entitled to be paid that allowance throughout the year at the rate at which it is payable to the person immediately before the person commences long service leave or payment is made in lieu of long service leave as the case may be; and
(c) an amount equal to the sum of the annual amounts payable to the person in respect of each other allowance that is to be included in the salary of the person by virtue of these Regulations.
4D Salary to include district allowance
(1) For the purpose of section 20 of the Act, salary includes an allowance (in this regulation called district allowance) payable to a person by reason of the fact that the person is required to perform duties in a particular district in Australia or in a Territory of the Commonwealth.
(2) The district allowance is payable to the person on the condition that during the period of the person’s long service leave:
(a) the person remains in the district in respect of which the allowance is payable; or
(b) if the person is absent from the district, the person’s spouse, de facto partner or family remains in the district during any part of the period that the person is absent from the district.
(3) Where:
(a) the salary of a person for the purpose of a provision of the Act referred to in subregulation (1) of this regulation includes, by virtue of that subregulation, a district allowance in relation to a particular district;
(b) provision is made for that allowance to be payable at a particular rate, or in accordance with a particular scale of rates, in the case of persons:
(i) who are stationed at, or required to perform duty at, and to reside in, an established camp in the district; or
(ii) who are required, as members, whether regular or otherwise, of a camping party, to camp in the district elsewhere than at an established camp;
and at another rate, or in accordance with another scale of rates, in the case of other persons who are stationed at, and reside in, the district; and
(c) the person is in receipt of that allowance at the rate, or in accordance with the scale of rates, applicable in the case of persons referred to in subparagraph (i) or (ii) of the last preceding paragraph;
that allowance is included in the salary of the person to the extent only that it would be included if the person were stationed at, and residing in, the district but was not residing in an established camp in the district, or camping, as a member of a camping party, in the district elsewhere than at an established camp, as the case may be.
(4) In this regulation:
child, of a person means:
(a) an adopted child, a stepchild or an exnuptial child of the person; or
(b) someone who is a child of the person within the meaning of the Family Law Act 1975.
de facto partner has the meaning given by section 22A of the Acts Interpretation Act 1901.
family, of a person, is taken to include the following members:
(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person;
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.
4DA Salary to include experience allowance
(1) For subsection 8 (1) of the Act, salary includes an allowance payable to an employee in respect of the employee’s experience as a tradesperson, being experience gained while the person was an employee.
(2) In subregulation (1), employee means a person engaged as an employee by the Australian National Railways Commission.
4DB Salary to include tool allowance
For the purposes of the Act, salary includes an allowance payable to an employee in respect of the supply and maintenance by the employee of tools and equipment ordinarily required by the employee for performance of the employee’s work.
4DC Salary not to include certain payments
(1) For the purposes of the Act:
(a) shift penalty payments, as defined in this regulation; and
(b) overtime payments, as so defined; and
(c) payments in the nature of a restriction, or on‑call, allowance;
are not included in salary.
(2) For the purposes of paragraph (1) (a), a payment is a shift penalty payment if it:
(a) does not come within a single overall rate of salary; and
(b) is in the nature of an allowance or payment that is additional to the relevant ordinary rate of salary; and
(c) satisfies the criteria stated in subregulation (3).
(3) For the purposes of paragraph (2) (c), the following criteria are stated:
(a) the payment is payable because the employee to whom it is payable undertakes the employee’s normal duties:
(i) outside the hours that are regarded in the relevant industry as the normal hours of work or the standard hours of work; or
(ii) from time to time during those normal hours of work but as part of a pattern of working hours that are outside those standard hours of work; and
(b) the payment is paid:
(i) to an employee for work that the employee has in fact undertaken; or
(ii) to all employees within a class of employees as a payment in the nature of a commuted allowance or penalty.
(4) For the purposes of subparagraph (3) (b) (ii), a payment is a payment in the nature of a commuted allowance or penalty if it is paid on the basis of liability to undertake shift work (whether or not shift work is in fact undertaken to any particular extent, or at all) and instead of additional payment for shift work in fact undertaken.
(5) For the purposes of paragraph (1) (b), a payment is an overtime payment if it is:
(a) a payment, however described, for overtime that has been undertaken; or
(b) a commuted overtime payment to all employees within a class of employees; or
(c) a payment to an employee for all of the employee’s overtime work regardless of its length or frequency; or
(d) any other payment instead of a payment for overtime.
4E Prescribed office
(1) An office in any of the following organisations is a prescribed office for the purposes of subsection 12 (11) of the Act:
(a) an organisation, other than an organisation of the kind specified in paragraph 12 (11) (a) of the Act, the membership of which includes employees;
(b) a council of organisations; or
(c) an authorised deposit‑taking institution (ADI), within the meaning of section 5 of the Banking Act 1959, that:
(i) has been given consent by the Australian Prudential Regulation Authority, under subsection 66 (1) of the Banking Act 1959, to use the expression building society, credit union or credit society in relation to a financial business carried on by the ADI; and
(ii) conducts its business by or on behalf of an organisation for the benefit of its members or all employees; or
(d) a cooperative society, or similar body, that:
(i) is registered or incorporated by or under a law of a State or Territory; and
(ii) conducts its business by or on behalf of an organisation for the benefit of its members or all employees.
(2) In subregulation (1), organisation has the same meaning as in paragraph 12 (11) (a) of the Act.
5 Prescribed class of maritime employees
For subsection 15 (1) of the Act, the following classifications of employees are a prescribed class of maritime employees:
(a) deck officers, including:
(i) chief deck officers; and
(ii) first, second, third and fourth mates;
(b) engineer officers, including:
(i) chief, second, third, fourth, fifth and junior engineers; and
(ii) first, second and third electricians;
(c) able and ordinary seafarers;
(d) crew attendants;
(e) lamp trimmers;
(f) storekeepers;
(g) greasers;
(h) motorers;
(i) stokers;
(j) oil burners;
(k) trimmers;
(l) wipers;
(m) boatswains;
(n) engine and boiler operators;
(o) deck workers;
(p) marine stewards, including:
(i) chief, second, extra second, second class, assistant second, third class, cabin, assistant bar and stores stewards; and
(ii) first saloon and second class pantry cooks; and
(iii) security guards; and
(iv) chief saloon, head, second and third waiters; and
(v) bar attendants; and
(vi) storekeepers; and
(vii) linen-keepers; and
(viii) shop, milk bar, printing, first grade, bells, lounge, smokeroom, bedroom chief, captain’s, bridge utility, general utility, engineers’, second grade and assistant smokeroom stewards; and
(ix) second, third and fourth pantry cooks;
(q) marine cooks, including:
(i) chief, senior second, second, extra second, third, fourth, ship’s, assistant ship’s and assistant cooks; and
(ii) bakers, chief bakers and second bakers; and
(iii) butchers, chief butchers and second butchers; and
(iv) scullery workers; and
(v) cook’s attendants.
7 Authorities etc deemed State authorities
(1) An authority, institution or body referred to in column 2 of Schedule 1 shall, for the purposes of the Act, be deemed to be, or to have been, an authority of a State.
(2) Where, in column 3 of an item in Schedule 1, there is a reference to employment:
(a) in specified cases or circumstances; or
(b) on or after a particular date, before a particular date or during a particular period;
subregulation (1) has effect in respect only of employment in the service of the authority, institution or body referred to in column 2 of that item:
(c) in those specified cases or circumstances; or
(d) on or after that particular date, before that particular date or during that particular period;
as the case may be.
8 Previous employment with prescribed authorities etc treated as employment in Government Service
(1) The previous employment of an employee in the service of a person, authority, institution or body that is referred to in column 2 of Schedule 2 shall be taken into account for the purposes of section 11 of the Act as if it had been employment in Government Service.
(2) Where, in column 3 of an item in Schedule 2, there is a reference to employment:
(a) in specified cases or circumstances; or
(b) on or after a particular date, before a particular date or during a particular period;
subregulation (1) has effect in respect only of employment in the service of the authority, institution or body referred to in column 2 of that item:
(c) in those specified cases or circumstances; or
(d) on or after that particular date, before that particular date or during that particular period;
as the case may be.
9 Employment in Government Service — principal executive officers
(1) A principal executive office, other than a chief executive officer of a GBE, is prescribed for paragraph 10 (6) (ab) of the Act.
Previous service in a principal executive office
(2) For subsection 7 (2) of the Act, the previous employment of an employee in the service of an employer who employs a person holding a principal executive office (other than the chief executive officer of a GBE) must be taken into account for the purposes of section 11 of the Act as if it had been employment in Government Service.
(3) Subregulation (2) has effect only in relation to the employment of a person in the service of the employer in the following circumstances:
(a) the person was previously the holder of the principal executive office;
(b) the person is subsequently employed in a qualifying service;
(c) the person is employed in a qualifying service on or after the commencement of this regulation.
(4) In this regulation:
GBE has the same meaning as in section 5 of the Commonwealth Authorities and Companies Act 1997.
Schedule 1A Prescribed Authorities — Companies
(regulation 3)
| Column 1 | Column 2 |
|---|---|
| Item | Name of company |
| 1 | AIDC Limited |
| 2 | ANL Limited |
| 4 | Australian and Overseas Telecommunications Corporation Limited |
Schedule 1
(regulation 7)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Item | Name of authority, institution or body | Cases, circumstances or period of employment |
| New South Wales | ||
| 1 | A State Technical College or similar tertiary institution | |
| 2 | Board of Fire Commissioners of New South Wales | |
| 3 | Broken Hill Water Board | |
| 3A | Charles Sturt University | |
| 4 | Hunter District Water Board | |
| 5 | Kosciusko State Park Trust | |
| 6 | Macquarie University | |
| 7 | Main Roads Board of New South Wales | |
| 8 | Maritime Services Board of New South Wales | |
| 9 | Metropolitan Meat Industry Commissioner of New South Wales | |
| 10 | Metropolitan Water Sewerage and Drainage Board | |
| 11 | New South Wales Ambulance Transport Service Board | Employment before 1 April 1952 |
| 12 | A public hospital constituted as a body corporate under the Public Hospitals Act, 1929 of New South Wales | Employment of a person during the period during which the name of the hospital has been included in the Second Schedule to that Act |
| 13 | Railway Commissioners for New South Wales | Employment during the period from 1 January 1912 to and including 1 January 1935 |
| 14 | Royal Alexandra Hospital for Children | Employment during the period during which the name of that hospital has been included in the Third Schedule to the Public Hospitals Act, 1929 of New South Wales |
| 15 | Royal Prince Alfred Hospital (including the King George V Memorial Hospital) | Employment during the period during which the name of that hospital has been included in the Third Schedule to the Public Hospitals Act, 1929 of New South Wales |
| 16 | Rural Bank of New South Wales | |
| 17 | State Coal Mine, Lithgow | Employment before 16 December 1932 |
| 18 | The Prince Henry Hospital | Employment during the period during which the name of that hospital has been included in the Third Schedule to the Public Hospitals Act, 1929 of New South Wales |
| 19 | The South Sydney Women’s Hospital | Employment during the period during which the name of that hospital has been included in the Third Schedule to the Public Hospitals Act, 1929 of New South Wales |
| 20 | The Sydney Hospital | Employment during the period during which the name of that hospital has been included in the Third Schedule to the Public Hospitals Act, 1929 of New South Wales |
| 21 | Totalizator Agency Board | |
| 22 | United Dental Hospital | Employment during the period during which the name of that hospital has been included in the Third Schedule to the Public Hospitals Act, 1929 of New South Wales |
| 23 | University of Newcastle | |
| 24 | University of New England | |
| 25 | University of New South Wales | |
| 26 | University of Sydney | |
| 26A | University of Technology, Sydney | |
| 26B | University of Western Sydney | |
| 26C | University of Wollongong | |
| 27 | Water Conservation and Irrigation Commission | |
| Victoria | ||
| 27A | Ballarat University College | |
| 28 | Cancer Institute Board | |
| 29 | Council of Adult Education | |
| 29A | Council of the Lincoln Institute of Health Sciences | |
| 29B | Deakin University | |
| 30 | Farmers’ Debts Adjustment Board of Victoria | |
| 31 | Gas and Fuel Corporation of Victoria | |
| 32 | Geelong Harbour Trust | |
| 33 | Geelong Waterworks and Sewerage Trust | |
| 33A | Knowledge Victoria Limited | Employment on or after 8 May 1987 |
| 34 | La Trobe University | |
| 34A | Mayfield Centre, Malvern | |
| 35 | Melbourne Harbour Trust | |
| 36 | Melbourne and Metropolitan Board of Works | |
| 37 | Melbourne and Metropolitan Tramways Board | |
| 38 | Metropolitan Fire Brigades Board | |
| 39 | Mildura Vineyards Protection Board | |
| 40 | Monash University | |
| 40A | Municipal Association of Victoria | |
| 41 | Portland Harbour Trust Commissioners | |
| 42 | A State Technical College or similar tertiary institution | |
| 43 | A public hospital which is an incorporated institution under the Hospitals and Charities Act 1958 of Victoria or an unincorporated public hospital under that Act (not being a separate institution under that Act) | |
| 43A | A public hospital that is incorporated under the Health Services Act 1988 of Victoria | Employment on or after 1 July 1988 |
| 43B | Royal Melbourne Institute of Technology | |
| 44 | State Savings Bank of Victoria | |
| 44A | Swinburne University of Technology | |
| 45 | University of Melbourne | |
| 45A | Victoria University of Technology | |
| 46 | Victorian Civil Ambulance Service | |
| 46A | Victorian College of Pharmacy | Employment after 4 July 1966 |
| 47 | Victorian Inland Meat Authority | |
| 48 | Victorian State Coalmine, Wonthaggi | |
| 49 | Zoological Board of Victoria | |
| Queensland | ||
| 50 | Bowen Harbour Board | |
| 51 | Bundaberg Harbour Board | |
| 52 | Cairns Harbour Board | |
| 53 | Committee of Direction of Fruit Marketing | |
| 54 | Darling Downs Institute of Advanced Education | |
| 55 | A District Fire Brigades Board | |
| 56 | Gladstone Harbour Board | |
| 56A | Griffith University | |
| 56B | James Cook University of North Queensland | |
| 57 | Mackay Harbour Board | |
| 58 | Metropolitan Public Abattoir Board | Employment before 1969 and during that part of 1969 when that Board was known as the Queensland Meat Industry Board |
| 59 | A public hospital conducted by a board constituted as a body corporate in accordance with The Hospitals Act of 1936 of Queensland | |
| 60 | A Queensland Ambulance Transport Brigade Area Committee established under section 19 of The Ambulance Services Act of 1967 of Queensland | Employment on or after 24 June 1967 |
| 61 | A Queensland commodity board established under The Primary Producers’ Organisation and Marketing Act of 1926 of Queensland | |
| 62 | Queensland Fish Board | |
| 63 | Queensland Institute of Medical Research | |
| 64 | Queensland State Wheat Board | |
| 64A | Queensland University of Technology | |
| 65 | Rockhampton Harbour Board | |
| 66 | A State Technical College or similar tertiary institution | |
| 67 | The State Council of the Queensland Ambulance Transport Brigade | Employment on or after 24 June 1967 |
| 68 | The Sugar Experiment Stations Board | |
| 69 | Townsville Harbour Board | |
| 69AA | University College of Central Queensland | |
| 69A | University College of Southern Queensland | |
| 70 | University of Queensland | |
| South Australia | ||
| 71 | Betting Control Board | Employment before 9 December 1965 |
| 72 | Electricity Trust of South Australia | |
| 73 | Fire Brigades Board of South Australia | |
| 74 | Flinders University of South Australia | |
| 75 | A hospital other than a hospital registered as a private hospital or a maternity home under section 146 of the Health Act, 1935 of South Australia | |
| 76 | Institute of Medical and Veterinary Science | |
| 76A | Local Government Association of South Australia | |
| 77 | Metropolitan and Export Abattoirs Board | |
| 78 | Municipal Tramways Trust of South Australia | |
| 78A | The National Fitness Council of South Australia | |
| 79 | Renmark Irrigation Trust | |
| 80 | Savings Bank of South Australia | |
| 81 | South Australian Housing Trust | |
| 82 | South Australian School of Mines | |
| 83 | A State Technical College or similar tertiary institution | |
| 84 | The Australian Mineral Development Laboratories | |
| 85 | The Public Examinations Board of South Australia | |
| 86 | The South Australian Egg Board | |
| 87 | University of Adelaide | |
| 87A | University of South Australia | |
| Western Australia | ||
| 88 | Commissioner of Main Roads | Employment of a person as a casual employee |
| 88A | Curtin University of Technology | |
| 88B | Edith Cowan University | |
| 89 | Fremantle Harbour Trust | |
| 90 | Kings Park Board | |
| 91 | Metropolitan (Perth) Passenger Transport Trust | |
| 91A | Murdoch University | |
| 92 | National Parks Board of Western Australia | |
| 93 | A public hospital conducted by a hospital board constituted as a body corporate under the Hospitals Act, 1927 of Western Australia | |
| 94 | State Gardens Board | Employment that is continuous with employment with the National Parks Board of Western Australia |
| 95 | A State Technical College or similar tertiary institution | |
| 96 | The Library Board of Western Australia | |
| 97 | The Motor Vehicle Insurance Trust (Western Australia) | |
| 98 | University of Western Australia | |
| 98A | Wait‑Aid Ltd | |
| 99 | Western Australia Egg Marketing Board | |
| 100 | Western Australian Potato Marketing Board | |
| Tasmania | ||
| 101 | Burnie Marine Board | |
| 102 | Circular Head Marine Board | |
| 103 | Commissioner for Railways | Employment before 1 July 1939 |
| 104 | Devonport Marine Board | |
| 105 | Engineering Board of Management of Tasmania | |
| 106 | A Fire Brigade Board constituted under the Fire Brigades Act 1945 of Tasmania | |
| 107 | Flinders Marine Board | |
| 108 | Hobart Marine Board | |
| 109 | Hydro‑Electric Commission (Tasmania) | |
| 110 | King Island Marine Board | |
| 111 | Launceston Marine Board | |
| 112 | Metropolitan Transport Trust (Tasmania) | Employment at Hobart on or after 1 March 1955 and employment at Launceston on or after 1 July 1955 |
| 113 | North Eastern Harbour Trust | |
| 114 | A public hospital conducted by a hospital board constituted as a body corporate under the Hospitals Act 1918 of Tasmania | |
| 115 | Smithton Harbour Trust | |
| 116 | A State Technical College or similar tertiary institution | |
| 117 | Strahan Marine Board | |
| 118 | Tasmanian College of Advanced Education | |
| 119 | Tasmanian Grain Elevators | |
| 120 | Tasmanian Grain Elevators Board | |
| 121 | Tasmanian Racing Commission | |
| 122 | Ulverstone Harbour Trust | |
| 123 | University of Tasmania | |
| Northern Territory | ||
| 124 | Darwin Institute of Technology | |
| 125 | Northern Territory University |
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Long Service Leave (Commonwealth Employees) Regulations 1957
Statutory Rules 1957 No. 49 as amended
made under the
Long Service Leave (Commonwealth Employees) Act 1976
This compilation was prepared on 22 June 2011
taking into account amendments up to SLI 2011 No. 96
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of regulations [see Note 1]
2 Interpretation
3 Declaration of body corporate — paragraph 4 (6) (c) of the Act
4 Emoluments included in salary
4B Salary to include higher duties allowance
4C Salary to include proficiency allowance
4D Salary to include district allowance
4DA Salary to include experience allowance
4DB Salary to include tool allowance
4DC Salary not to include certain payments
4E Prescribed office
5 Prescribed class of maritime employees
7 Authorities etc deemed State authorities
8 Previous employment with prescribed authorities etc treated as employment in Government Service
9 Employment in Government Service — principal executive officers
Schedule 1A Prescribed Authorities — Companies
Schedule 1
Schedule 2 Previous employment
Notes
1 Name of regulations [see Note 1]
These regulations are the Long Service Leave (Commonwealth Employees) Regulations 1957.
2 Interpretation
In these Regulations, the Act means the Long Service Leave (Commonwealth Employees) Act 1976.
3 Declaration of body corporate — paragraph 4 (6) (c) of the Act
A company referred to in column 2 of Schedule 1A is declared to be a body corporate to which paragraph 4 (6) (c) of the Act applies.
4 Emoluments included in salary
(1) For the purposes of the Act, salary includes the following allowances:
(a) an allowance in respect of the possession of certain qualifications;
(b) an allowance in respect of the performance of duties additional to the ordinary duties of an office or position, not being an allowance in respect of the performance of such duties for a temporary period;
(c) an allowance in lieu of quarters;
(d) an allowance payable to a person as an officer‑in‑charge;
(e) an allowance payable:
(i) to a motor lorry driver under paragraph (a) of clause 1 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by any subsequent determination;
(ii) to a mail officer in charge of a travelling post office van under clause 1 of the Determination No. 9 of 1928 made by the Public Service Arbitrator, as varied by any subsequent determination;
(iii) to a postal officer under clause 14 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by any subsequent determination;
(iv) under paragraph (c) of Schedule A to Determination No. 22 of 1935 made by the Public Service Arbitrator, as varied by any subsequent determination; or
(v) under clause 14 of Determination No. 36 of 1952 made by the Public Service Arbitrator, as varied by any subsequent determination;
for not less than two‑thirds of the working time of the recipient in the period of twelve months immediately preceding the date upon which the recipient’s long service leave commences or payment is made in lieu of long service leave, as the case may be;
(f) an allowance payable to a Commonwealth employee, not being an allowance payable to a fruit inspector (supervising) in lieu of overtime, for the Commonwealth employee’s possession of the same qualifications, or compliance with the same conditions, as those specified in the Second Schedule to the Public Service Regulations in respect of the occupant of an office the designation of which is specified in that Schedule and the duties of which the Commonwealth employee is performing; and
(h) subject to the next succeeding subregulation, an allowance payable under clause 1 of Determination No. 13 of 1930 made by the Public Service Arbitrator, as varied by subsequent Determinations, to telephonists employed in the operation of the overseas radio telephone service.
(1A) The conditions subject to which payments to a person in accordance with the Act are to include amounts payable by way of the allowance referred to in paragraph (h) of the last preceding subregulation are that the person has received the allowance for not less than two-thirds of the person’s working time in the twelve months immediately preceding the date upon which the person’s long service leave commences or payment is made in lieu of long service leave, as the case may be.
(2) For the purpose of the Act, salary includes an allowance, in the succeeding subregulations of this regulation referred to as group incentive allowance, payable to a person employed under the Supply and Development Act 1939‑1966 in pursuance of a scheme known as a group incentive scheme.
(3) The conditions subject to which payments to a person in accordance with the Act are to include amounts by way of, or in respect of, group incentive allowance are:
(a) that the person was employed under the Supply and Development Act 1939‑1966 throughout the period of twelve months immediately preceding the date upon which the person’s long service leave commences or payment is made in lieu of long service leave, as the case may be; and
(b) that the person was not, at any time during that period of twelve months, employed in such a capacity that the person was not a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance.
(4) Where the salary of a person employed under the Supply and Development Act 1939‑1966 includes group incentive allowance but the person was not paid that allowance at the same rate per week throughout the period of twelve months referred to in subregulation (3), an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the person:
(a) an amount equal to the annual salary of the person excluding any allowances that are to be included in the person’s annual salary by virtue of these Regulations;
(b) an amount in respect of group incentive allowance equal to the sum of the amounts of the allowance referred to in subregulation (2) payable in pursuance of a group incentive scheme that were paid or are deemed to have been paid to the person each week during the period of twelve months referred to in subregulation (3); and
(c) an amount equal to the sum of the annual amounts payable to the person in respect of each other allowance that is included in the salary of the person by virtue of these Regulations.
(5) A person employed under the Supply and Development Act 1939‑1966 who was a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance, at a particular rate per week, in respect of a week but was not paid that allowance in respect of that week shall, for the purpose of the application of subregulation (4) in relation to the person, be deemed to have been paid that allowance in respect of that week at the same rate per week.
(7) A reference in this regulation to a class of persons employed under the Supply and Development Act 1939‑1966 shall be read as a reference to a class of persons so employed that constitutes a group of persons for the purpose of the scheme referred to in subregulation (2) of this regulation.
4B Salary to include higher duties allowance
(1) For the purposes of the Act, salary includes an allowance (in this regulation called higher duties allowance) payable to a person in respect of the performance of the duties of an office having a higher classification than the person’s own office.
(2) The conditions subject to which the salary payable in accordance with section 20 of the Act to an employee in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance are:
(a) that the salary that has been paid or is payable to the employee in respect of the employee’s employment on the relevant day includes an amount in respect of higher duties allowance;
(b) that the approving authority has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, the part of the period of long service leave in respect of which the salary is payable, the employee could, if the employee were not absent on long service leave, reasonably have been expected to perform:
(i) the duties that the employee was performing, or would, but for the employee’s absence on authorized leave, have performed on the relevant day; or
(ii) where the employee has performed, or would, but for the employee’s absence on authorized leave, have performed, for periods that were continuous with one another and with the period of long service leave, the duties of 2 or more offices each of which has a higher classification than the employee’s own classification — the duties of the office, being one of those last‑mentioned offices, specified in the certificate; and
(c) that the period specified in the certificate referred to in paragraph (b) is a period that commences on the expiration of:
(i) the relevant day; or
(ii) a period specified in a certificate given in accordance with paragraph (b) by the approving authority in respect of another part of the period of long service leave of the employee.
(3) Where:
(a) the salary payable in accordance with section 20 of the Act to an employee, being an employee referred to in subparagraph (2) (b) (ii), in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance; and
(b) the approving authority has in accordance with paragraph (2) (b) specified in a certificate given in respect of that part of the period of long service leave of the employee an office other than the office the duties of which the employee was performing, or would, but for the employee’s absence on authorized leave, have performed on the relevant day;
that amount is to be included in the salary payable to the employee in respect of that part of the period of long service leave to the extent only that it would be so included if the employee had performed on the relevant day the duties of the office specified in the certificate.
(4) The condition subject to which a payment in accordance with subsection 16 (4) or 17 (2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance is:
(a) that the person has, or would, but for the person’s absence on authorized leave, have, during a continuous period of not less than 12 months ending on the expiration of the relevant day, performed the duties of a single office having a higher classification than the person’s own office; or
(b) that, immediately before the person ceased to be an employee, the person has, or would, but for the person’s absence on authorized leave, have performed the duties of 2 or more offices each of which has a higher classification than the person’s own classification for periods that were continuous with one another and the aggregate of which is not less than 12 months.
(5) Where:
(a) a payment in accordance with subsection 16 (4) or 17 (2) of the Act to a person who ceases to be an employee is to include an amount in respect of higher duties allowance; and
(b) at any time during the period of 12 months immediately preceding the relevant day, the person (being a person referred to in paragraph (4) (b)) performed the duties of an office in respect of which higher duties allowance was payable to the person at a rate that is lower than the rate of the allowance payable to the person for the duties performed by the person on the relevant day;
that amount is to be included in the payment referred to in paragraph (a) to the extent only that it would be so included if the person had performed on the relevant day the duties in respect of which higher duties allowance was payable to the person at the lower or lowest rate, as the case may be, at which such an allowance was payable to the person during that period of 12 months.
(6) In this regulation, relevant day:
(a) in relation to an employee who has been granted long service leave, means the day immediately preceding the day on which that leave commences; and
(b) in relation to a person who ceases to be an employee, means the day on which the person ceases to be an employee.
4C Salary to include proficiency allowance
(1) For the purposes of the Act, salary includes the allowance, known as proficiency allowance, payable to persons employed under the Snowy Mountains Hydro‑electric Power Act 1949‑1966.
(2) The condition subject to which payments to a person in accordance with the Act are to include amounts in respect of proficiency allowance is that the person was in receipt of that allowance immediately before the person’s long service leave commences or payment is made in lieu of long service leave, as the case may be.
(3) Where a person is paid salary otherwise than by way of uniform amounts in respect of uniform periods by reason of the fact that the person is not paid proficiency allowance at a uniform rate, an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the person:
(a) an amount equal to the annual salary of the person excluding any allowances that are to be included in the person’s annual salary by virtue of these Regulations;
(b) an amount, in respect of proficiency allowance, equal to the amount of proficiency allowance that would be payable to the person in a year if the person were entitled to be paid that allowance throughout the year at the rate at which it is payable to the person immediately before the person commences long service leave or payment is made in lieu of long service leave as the case may be; and
(c) an amount equal to the sum of the annual amounts payable to the person in respect of each other allowance that is to be included in the salary of the person by virtue of these Regulations.
4D Salary to include district allowance
(1) For the purpose of section 20 of the Act, salary includes an allowance (in this regulation called district allowance) payable to a person by reason of the fact that the person is required to perform duties in a particular district in Australia or in a Territory of the Commonwealth.
(2) The district allowance is payable to the person on the condition that during the period of the person’s long service leave:
(a) the person remains in the district in respect of which the allowance is payable; or
(b) if the person is absent from the district, the person’s spouse, de facto partner or family remains in the district during any part of the period that the person is absent from the district.
(3) Where:
(a) the salary of a person for the purpose of a provision of the Act referred to in subregulation (1) of this regulation includes, by virtue of that subregulation, a district allowance in relation to a particular district;
(b) provision is made for that allowance to be payable at a particular rate, or in accordance with a particular scale of rates, in the case of persons:
(i) who are stationed at, or required to perform duty at, and to reside in, an established camp in the district; or
(ii) who are required, as members, whether regular or otherwise, of a camping party, to camp in the district elsewhere than at an established camp;
and at another rate, or in accordance with another scale of rates, in the case of other persons who are stationed at, and reside in, the district; and
(c) the person is in receipt of that allowance at the rate, or in accordance with the scale of rates, applicable in the case of persons referred to in subparagraph (i) or (ii) of the last preceding paragrap
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