Long Service Leave (State Employees) Regulations 2004
I, the Administrator 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 Long Service Leave (State Employees) Act 1994 .
13 December 2004PETER G. UNDERWOOD
Administrator
By His Excellency's Command,
BRYAN GREEN
Minister for Infrastructure, Energy and Resources
These regulations may be cited as the Long Service Leave (State Employees) Regulations 2004 .
These regulations take effect on 1 January 2005.
In these regulations –the Act means the Long Service Leave (State Employees) Act 1994 .
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 is a prescribed office.
For the purposes of sections 11(2)(e) and 13(1)(b) 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.
(1) An appeal under section 22 of the Act is to be instituted by a notice of appeal in accordance with Form 1.(2) On the hearing of 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 an appeal.(4) On the hearing of an 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 an appeal, a Full Bench is to consider any reason given by a Commissioner for any determination.(6) The provisions of sections 15 , 16 , 22 , 23 , 25 , 26 and 27 of the Commissions of Inquiry Act 1995 apply in any appeal before a Full Bench as if the Full Bench were a Commission established under section 4 of that Act.
SCHEDULE 1 - Form
Form 1
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 December 2004
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations replace the Long Service Leave (State Employees) Regulations 1994 ; they prescribe –(a) certain offices and holidays for the purposes of the Long Service Leave (State Employees) Act 1994 ; and(b) the form and manner in which an appeal under that Act is to be instituted.