Long Service Leave (Casual Wharf Employees) Regulations 1982

Long Service Leave (Casual Wharf Employees) Regulations 1982

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, hereby make the following regulations under the Long Service Leave (Casual Wharf Employees) Act 1982 .

J. PLIMSOLL

Governor

By His Excellency's Command,

G. A. PEARSALL

for and on behalf of Minister for Industrial Relations

1.   Short title

These regulations may be cited as the Long Service Leave (Casual Wharf Employees) Regulations 1982 .

2.   Commencement

These regulations take effect on 1 January 1983.

3.   Interpretation

(1)  In these regulations, except in so far as the context or subject-matter otherwise indicates or requires –

the Act means the Long Service Leave (Casual Wharf Employees) Act 1982 ;

record means a long service leave record referred to in section 12 of the Act.

(2)  In these regulations, a reference to a form, quoted by a numeral, shall be construed as a reference to such of the forms in Schedule 1 as is indicated by the context.

4.   Procedure for hearing disputes under section 10 of Act

(1)  For the purposes of holding a hearing pursuant to section 10(3) of the Act, the Secretary may –

(a) by notice in writing sent by registered post, require a person to appear and give evidence at the hearing on the date and at the time and place specified in the notice;

(b) adjourn the hearing from place to place or from time to time; and

(c) hear and consider evidence from the parties to the dispute and any other person as he may consider necessary.

(2)  A person who fails to attend and give evidence at a hearing when required to do so under subregulation (1)(a) is guilty of an offence and is liable on summary conviction to a penalty not exceeding $200.

5.   Determinations

Where the Secretary determines a dispute pursuant to section 10 of the Act, he shall, immediately after making the determination, inform, by notice in writing sent by post, each of the parties to the dispute of the determination.

6.   Appeals

(1)  An appeal under section 11 of the Act –

(a) shall be by way of rehearing; and

(b) shall be instituted by a notice of appeal in accordance with Form 1 .

(2)  A notice of appeal referred to in subregulation (1) shall be sent by post to the Secretary within 28 days after the receipt by the appellant of a determination of the Secretary under the Act.

(3)  On receipt of a notice of appeal under this regulation, the Secretary shall lodge with the clerk of petty sessions in the municipality nearest to the place of business or employment of the appellant –

(a) a copy of the notice of appeal; and

(b) a copy of the notice of the determination in respect of which the appeal is made.

(4)  The clerk of petty sessions shall, on the direction of a magistrate, notify the parties to an appeal of the date on which and the time and place at which the appeal will be heard.

(5)  A party to an appeal may be represented by a barrister or solicitor.

(6)  On the application of a party to an appeal, the magistrate by whom the appeal is to be heard may summon witnesses to give evidence on the hearing of the appeal.

(7)  The magistrate by whom an appeal is heard –

(a) may consider the evidence given by any person appearing before him and inform himself of any relevant matters in such other manner as he thinks fit;

(b) may have regard to any reasons given by the Secretary for making the determination in respect of which the appeal is brought; and

(c) shall proceed without undue formality and is not bound by the rules of evidence.

(8)  After hearing and determining an appeal, the magistrate –

(a) shall make an order in writing; and

(b) shall make available copies of that order to each party to the appeal.

(9)  The Secretary or a person acting on his behalf shall, for the purposes of this regulation, be deemed to be a party to an appeal.

(10)  The magistrate, upon the hearing of an appeal under this regulation, may –

(a) subject to subregulation (11) , award costs to any party to the appeal; and

(b) assess the amount of those costs.

(11)  An order for the payment of costs under subregulation (10) shall not be made against the Secretary or a person acting on his behalf.

7.   Long service leave records

(1)  A record kept in pursuance of section 12 of the Act –

(a) shall be in accordance with Form 2 ; and

(b) shall contain the particulars specified in that form.

(2)  The employer may incorporate the record with any time, wages, or ordinary leave record relating to any employee.

(3)  The employer shall enter in the record the particulars specified in Form 2  –

(a) correctly in ink; and

(b) in the English language.

Penalty:  [Regulation 7 Subregulation (3) amended by No. 35 of 1995, Sched. 1, Applied:15 Sep 1995] Fine not exceeding 2 penalty units.

(4)  Where an event affects the entitlement of an employee to long service leave, the employer shall immediately after the event enter the particulars of the event in the record.

Penalty:  [Regulation 7 Subregulation (4) amended by No. 35 of 1995, Sched. 1, Applied:15 Sep 1995] Fine not exceeding 2 penalty units.

(5)  An employee may, at any reasonable time, inspect any entry in the record that relates to his entitlement to long service leave.

8.   Rescission

The regulation specified in Schedule 2 are rescinded.

SCHEDULE 1 - Forms

Regulation 6

Form 1

Form 2

SCHEDULE 2 - Regulations Rescinded

Regulation 8

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 1982

These regulations are administered in the Department of Labour and Industry.