Long Service Leave (State Employees) Regulations 1994

Long Service Leave (State Employees) Regulations 1994

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 (State Employees) Act 1994 .

P. H. BENNETT

Governor

By His Excellency's Command,

JOHN BESWICK

Minister for Industrial Relations and Training

1.   Short title

These regulations may be cited as the Long Service Leave (State Employees) Regulations 1994 .

2.   Commencement

These regulations take effect on 1 May 1994.

3.   Interpretation

In these regulations,

the Act means the Long Service Leave (State Employees) Act 1994 .

4.   Prescribed offices

For the purposes of paragraph (c) of the definition of "prescribed authority" in section 3 of the Act, the following is a prescribed office:

Manager – Corporate Support.

5.   Holidays

[Regulation 5 Amended by No. 82 of 2000, Sched. 2, Applied:13 Dec 2000] [Regulation 5 Amended by No. 82 of 2000, Sched. 2, Applied:13 Dec 2000] [Regulation 5 Substituted by S.R. 2003, No. 13, Applied:26 Mar 2003] 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.

6.   Appeals

(1)  An appeal under section 22 of the Act is to be instituted by 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)  [Regulation 6 Subregulation (6) substituted by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] 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 - Forms

Form 1

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

Notified in the Gazette on 20 April 1994

These regulations are administered in the Department of Industrial Relations, Vocational Education and Training.