Long Service Leave (State Employees) Amendment Act 2003

Long Service Leave (State Employees) Amendment Act 2003

An Act to amend the Long Service Leave (State Employees) Act 1994

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Long Service Leave (State Employees) Amendment Act 2003 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Long Service Leave (State Employees) Act 1994 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by omitting "person who is employed in any capacity by the State," from the definition of employee and substituting "State Service officer, State Service employee or any other person who is employed in any capacity by".

5.    Section 3A inserted

After section 3 of the Principal Act , the following section is inserted in Part 1:

3A.   Amendment to Schedule 1

(1)  The Governor may amend Schedule 1  –

(a) by omitting the name of any employee, class of employees or prescribed authority; or

(b) by inserting the name of any employee, class of employees or prescribed authority; or

(c) where the name of any employee, class of employees or prescribed authority is changed, by omitting the name of that employee, class of employees or prescribed authority and substituting the new name.

(2)  The Governor may, by order, omit Schedule 1 and substitute a Schedule containing in Column 1 the names of any employee or class of employees and containing in Column 2 the titles or other description of any prescribed authority.

6.    Section 9 amended (Employees previously employed by Commonwealth, &c.)

Section 9(1) of the Principal Act is amended by inserting "and if the employee has not received any payment in respect of that long service leave" after "ceased to be so employed".

7.    Section 10 amended (Continuous employment)

Section 10 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "in the employment of the State" and substituting "as an employee";

(b) by omitting subsection (4) and substituting the following subsection:

(4)  The continuous employment of an employee ceases on the day on which the employee is dismissed, resigns or retires.

(c) by inserting the following subsection after subsection (5) :

(6)  Subsection (4) as substituted by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have commenced on 1 May 2001.

8.    Section 11 amended (Length of employment)

Section 11 of the Principal Act is amended as follows:

(a) by omitting paragraph (a) from subsection (3) ;

(b) by inserting the following subsection after subsection (4) :

(5)  The amendment of subsection (3) made by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have commenced on 1 May 2001.

9.    Section 14 repealed

Section 14 of the Principal Act is repealed.

10.    Section 15 substituted

Section 15 of the Principal Act is repealed and the following section is substituted:

15.   Maximum amount of long service leave

An employee is not entitled to be credited with a period of long service leave in excess of 100 days unless the Minister has given permission as provided by section 16 .

11.    Section 21 amended (Disputes)

Section 21 of the Principal Act is amended as follows:

(a) by omitting paragraph (e) from subsection (1) ;

(b) by omitting paragraphs (c) , (d) and (e) from subsection (4) .

12.    Schedule 1 substituted

Schedule 1 to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE 1 - Prescribed Authorities

Sections 3 and 3A

COLUMN 1 Employee or class of employees		COLUMN 2 Prescribed authority
Employees employed in the Legislative Council		The President of the Legislative Council
Employees employed in the House of Assembly		The Speaker of the House of Assembly
Employees employed on the recommendation of the President of the Legislative Council and the Speaker of the House of Assembly		The President of the Legislative Council and the Speaker of the House of Assembly acting jointly
Employees employed at Government House		The Official Secretary and Head of the Governor's Establishment
Employees employed by the Stanley Cool Stores Board		The Stanley Cool Stores Board
Employees employed under the Police Regulation Act 1898		The Commissioner of Police

[Second reading presentation speech made in:

House of Assembly on 19 MARCH 2003

Legislative Council on 26 MARCH 2003]