State Service Amendment Regulations 2013
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 State Service Act 2000 .
16 December 2013PETER G. UNDERWOOD
Governor
By His Excellency's Command,
LARA GIDDINGS
Premier
These regulations may be cited as the State Service Amendment Regulations 2013 .
These regulations take effect on 25 December 2013.
In these regulations, the State Service Regulations 2011 are referred to as the Principal Regulations.
4. Regulation 7 amended (Deductions from salaries)
Regulation 7(1)(b) of the Principal Regulations is amended by omitting "Minister" and substituting "Employer".
5. Regulation 9 amended (Annual reports by Heads of Agencies)
Regulation 9(b) of the Principal Regulations is amended as follows:(a) by omitting subparagraphs (i) , (ii) and (iii) ;(b) by omitting subparagraph (v) .
6. Regulation 16 amended (Displacement allowance)
Regulation 16(2) of the Principal Regulations is amended by omitting "Minister" and substituting "Employer".
7. Regulation 18 amended (Relocation expenses)
Regulation 18 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(b) "Minister" and substituting "Employer";(b) by omitting from subregulation (3) "Minister" twice occurring and substituting "Employer".
8. Regulation 19 amended (Reimbursement of expenses incurred in the sale and purchase of property)
Regulation 19 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (4) "Minister" and substituting "Employer";(b) by omitting from subregulation (5) "Minister" twice occurring and substituting "Employer";(c) by omitting from subregulation (6) "Minister" and substituting "Employer".
9. Regulation 20 amended (Depreciation allowance)
Regulation 20 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (3) "Minister" and substituting "Employer";(b) by omitting from subregulation (4) "Minister" and substituting "Employer".
10. Regulation 23 amended (Leave for employees appointed to or voluntarily enlisting in Defence Force)
Regulation 23(3) of the Principal Regulations is amended by omitting "Minister" and substituting "Employer".
11. Regulation 24 amended (Leave of absence with or without pay)
Regulation 24(2) of the Principal Regulations is amended by omitting "Minister" twice occurring and substituting "Employer".
12. Regulation 29 amended (Studentships)
Regulation 29 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (4)(b) "Minister" and substituting "Employer";(b) by omitting from subregulation (6) "Minister" and substituting "Employer";(c) by omitting from subregulation (7) "Minister" and substituting "Employer";(d) by omitting from subregulation (8) "Minister" twice occurring and substituting "Employer";(e) by omitting from subregulation (10)(a) "Minister" and substituting "Employer".
13. Regulation 30 amended (Accommodation and travelling allowance)
Regulation 30 of the Principal Regulations is amended by omitting "Minister" and substituting "Employer".
14. Regulation 32 amended (Additional allowances)
Regulation 32(4)(b) of the Principal Regulations is amended by omitting "Minister" and substituting "Employer".
15. Regulation 37 amended (Timeframes in relation to reviews under section 50(1)(a) of Act)
Regulation 37 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulations:(3) For the purposes of this regulation, a timeframe specified in this regulation is to be calculated exclusive of any public holidays in the relevant part of the State that may fall within that timeframe.(4) In this regulation –application for selection review means an application for review under section 50(1)(a) of the Act.
16. Regulation 38 substituted
Regulation 38 of the Principal Regulations is rescinded and the following regulation is substituted:38. Timeframes in relation to reviews under section 50(1)(b) of Act
(1) An application by an employee for a review of the appointment of a person without advertising, in accordance with a determination of the Employer under section 39(1) of the Act, is to be lodged with the Tasmanian Industrial Commission within 14 days after the employee knew, or reasonably ought to have known, of the appointment of the person.(2) An application for a review of the promotion of a permanent employee without advertising, in accordance with the intention of the Head of Agency as notified in the Gazette under section 40(2) of the Act, is to be lodged with the Tasmanian Industrial Commission within 14 days after the date that the intention was so notified in the Gazette.(3) An application for a review of a State Service action, other than an action that may be the subject of an application for a review under subregulation (1) or (2) , is to be made within 14 days from the date of the occurrence of the event that gave rise to the making of the application.(4) For the purposes of this regulation, a timeframe specified in this regulation is to be calculated exclusive of any public holidays in the relevant part of the State that may fall within that timeframe.(5) In this regulation –application for review means an application for review under section 50(1)(b) of the Act.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 December 2013
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 State Service Regulations 2011 by –(a) conferring the power to determine certain matters on the Employer under the Act rather than the Minister; and(b) clarifying the timeframes that apply in certain circumstances.