1
Short title
1 Short title
These regulations may be cited as the Long Service Leave (State Employees) Regulations 2024 .
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Tasmania regulation
Long Service Leave (State Employees) Regulations 2024
In ForceTASPlain English Summary
3/10 complexity
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.
They 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).
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Current sections
Direct links to the current provisions in Long Service Leave (State Employees) Regulations 2024.
2
Commencement
2 Commencement
These regulations take effect on 19 December 2024.
3
Interpretation
3 Interpretation
In these regulations –
Act means the Long Service Leave (State Employees) Act 1994 .
4
Prescribed office
4 Prescribed office
For the purpose of paragraph (c) of the definition of prescribed authority in section 3 of the Act, the position of the General Manager of Corporate Services of the Department is a prescribed office.
5
Holidays
5 Holidays
For the purposes of the Act –
(a) a day that is a statutory holiday, within the meaning of the Statutory Holidays Act 2000 , is prescribed as a holiday for the whole State; and
(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 Statutory Holidays Act 2000 , is prescribed as a holiday for that area.
6
Appeals
6 Appeals
(1) An appeal under section 22 of the Act is to be instituted by a notice of appeal in accordance with Form 1 in Schedule 1 .
(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.
(3) A Full Bench may determine whether it is to hear both evidence and argument in respect of the appeal.
(4) On the hearing of the appeal, a Full Bench –
(a) is to act according to equity, good conscience and the merits of the matter without regard to technicalities or legal forms; and
(b) may direct itself by the best evidence it can obtain, whether that evidence is admissible in a court or not.
(5) On the hearing of the appeal, a Full Bench is to consider any reason given by a Commissioner for any determination.
(6) The provisions of sections 16 , 22 , 23 , 25 , 26 and 27 of the Commissions of Inquiry Act 1995 apply in an appeal before the Full Bench as if –
(a) a reference to the Commission in those provisions were a reference to the Full Bench; and
(b) a reference to a Commissioner in those provisions were a reference to a member of the Full Bench.
SCHEDULE 1 - Form
SCHEDULE 1 - Form
SCHEDULE 1 - Form SCHEDULE 1 - Form
Form 1
Form 1
Form 1 Form 1
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 11 December 2024
These regulations are administered in the Department of Justice.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
These regulations may be cited as the Long Service Leave (State Employees) Regulations 2024 .
2 Commencement
2 Commencement
These regulations take effect on 19 December 2024.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Long Service Leave (State Employees) Act 1994 .
4 Prescribed office
4 Prescribed office
For the purpose of paragraph (c) of the definition of prescribed authority in section 3 of the Act, the position of the General Manager of Corporate Services of the Department is a prescribed office.
5 Holidays
5 Holidays
For the purposes of the Act –
(a) a day that is a statutory holiday, within the meaning of the Statutory Holidays Act 2000 , is prescribed as a holiday for the whole State; and
(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 Statutory Holidays Act 2000 , is prescribed as a holiday for that area.
6 Appeals
6 Appeals
(1) An appeal under section 22 of the Act is to be instituted by a notice of appeal in accordance with Form 1 in Schedule 1 .
(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.
(3) A Full Bench may determine whether it is to hear both evidence and argument in respect of the appeal.
(4) On the hearing of the appeal, a Full Bench –
(a) is to act according to equity, good conscience and the merits of the matter without regard to technicalities or legal forms; and