Tasmanian State Service Amendment Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Tasmanian State Service Act 1984 .
19 June 1998G. S. M. GREEN
Governor
By His Excellency's Command,
RONALD CORNISH
Minister for Public Sector Administration
These regulations may be cited as the Tasmanian State Service Amendment Regulations 1998 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Tasmanian State Service Regulations 1985 are referred to as the Principal Regulations.
4. Regulation 49 amended (Adoption leave)
Regulation 49 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulations:(2) Adoption leave may be granted for a period –(a) not less than 3 weeks, including the day of adoption; and(b) not exceeding 52 weeks.(2A) Regulations 32(3) and (4) apply to adoption leave as if it were leave granted under regulation 32(1).
5. Regulation 262 amended (Adoption leave)
Regulation 262 of the Principal Regulations is amended as follows:(a) by omitting subregulation (1) and substituting the following subregulation:(1) The relevant Head of an Agency may grant to an employee who has adopted, or is about to adopt, a child leave of absence without pay for a period –(a) not less than 3 weeks, including the day of adoption; and(b) not exceeding 52 weeks.(b) by omitting from subregulation (2) "46 weeks" and substituting "52 weeks".
6. Regulation 418 amended (Adoption leave)
Regulation 418 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:(2) Adoption leave may be granted for a period –(a) not less than 3 weeks, including the day of adoption; and(b) not exceeding 52 weeks.
7. Regulation 605 amended (Interpretation of Part X)
Regulation 605 of the Principal Regulations is amended by omitting the definition of "permanent part-time employee" and substituting the following definitions:part-time, in relation to permanent employment, means employment that is less than full-time;permanent part-time employee means a permanent employee who is employed on a part-time basis.
After regulation 620 of the Principal Regulations, the following Part is inserted:PART 12 - Carer's LeaveIn this Part –care includes physical, medical and emotional care and support;carer's leave means leave referred to in regulation 622(1) ;child includes any adult child, adopted child, stepchild, foster child or ex-nuptial child;de facto spouse, in respect of an employee, means a person of the opposite sex living with the employee as the husband or wife of the employee but who is not legally married to the employee;household, in respect of an employee, means any person or persons who usually reside with the employee;immediate family, in respect of an employee, means a spouse, child, parent, grandparent, grandchild or sibling of the employee or employee's spouse;parent includes a foster parent, step-parent or legal guardian;spouse includes a de facto spouse, former spouse or former de facto spouse.622. Entitlement to carer's leave
(1) An employee may apply for leave to enable that employee to provide care to an ill person who is a member of the employee's immediate family or household.(2) Unless the relevant Head of an Agency determines otherwise, carer's leave may only be granted to an employee in respect of an ill person referred to in subregulation (1) if no other person has been granted leave to provide care to the ill person.623. Application for carer's leave
(1) An application for carer's leave is to –(a) be made in advance if practicable; and(b) be in writing; and(c) specify the following:(i) the name of the person requiring care;(ii) the relationship of that person to the employee;(iii) the reasons the employee requires leave;(iv) the day or days or any part of a day for which leave is required.(2) If it is not practicable for an employee to apply for carer's leave in advance, the employee is to –(a) notify the relevant Head of an Agency of the requirement for leave at the earliest opportunity on any day leave is required; and(b) provide an estimation of the length of leave required; and(c) on return to duty, lodge a written application under subregulation (1).624. Grant of application for carer's leave
(1) Carer's leave may be granted to an employee for part of a day and up to a maximum of 5 days in any sick leave year.(2) The relevant Head of an Agency, before granting carer's leave to an employee, may require the employee to produce a medical certificate or statutory declaration to establish that a person who is a member of the employee's immediate family or household is ill and requires care by another.625. Carer's leave part of sick leave
(1) Carer's leave forms part of, and is not in addition to, sick leave entitlements under these regulations.(2) Each day or part day of carer's leave granted to an employee is to be deducted from the employee's sick leave entitlements under these regulations.626. Special leave not to be granted instead of carer's leave
Special leave of absence under these regulations is not to be granted to an employee in the event of the serious illness of a near relative of the employee if the employee is entitled to carer's leave under this Part.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 June 1998
These regulations are administered in the Department of Premier and Cabinet.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Tasmanian State Service Regulations 1985 –(a) by making further provision in relation to adoption leave; and(b) by providing for carer's leave; and(c) by providing that special leave in the event of the serious illness of a near relative is not to be granted to an employee who is entitled to carer's leave in respect of that person; and(d) by amending the definition of "permanent part-time employee".