Long Service Leave (State Employees) Regulations 2014

Long Service Leave (State Employees) Regulations 2014

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 Long Service Leave (State Employees) Act 1994 .

C. WARNER

Governor

By Her Excellency's Command,

PETER GUTWEIN

Treasurer

1.   Short title

These regulations may be cited as the Long Service Leave (State Employees) Regulations 2014 .

2.   Commencement

These regulations take effect on 22 December 2014.

3.   Interpretation

In these regulations –

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

4.   Prescribed office

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 of the Department is a prescribed office.

5.   Holidays

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 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 16 , 22 , 23 , 25 , 26 and 27 of the Commissions of Inquiry Act 1995 apply in any appeal before the Full Bench as if –

(a) a reference to the Commission in those provisions were a reference to the Full Bench; and

(b) a reference to a Commissioner in those provisions were a reference to a member of the Full Bench.

SCHEDULE 1 - Form

Regulation 6

Form 1

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

Notified in the Gazette on 19 December 2014

These regulations are administered in the Department of Justice.