Long Service Leave Regulations 2017

Long Service Leave Regulations 2017

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 Act 1976 .

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Building and Construction

1.   Short title

These regulations may be cited as the Long Service Leave Regulations 2017 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Long Service Leave Act 1976 ;

Registrar means the Registrar of the Commission appointed under the Industrial Relations Act 1984 .

4.   Settling of disputes

(1)  For the purpose of hearing and determining a dispute under section 13(2) of the Act, a Commissioner, by notice in writing, may require any person to attend the hearing.

(2)  A notice is to –

(a) specify –

(i) the parties to the dispute; and

(ii) the grounds giving rise to the dispute; and

(b) be served on the person at least 7 days before the dispute is to be heard.

(3)  The Commissioner may require any person to appear and give evidence at the hearing of a dispute.

(4)  A person must attend the hearing of a dispute if required to do so.

Penalty:  Fine not exceeding 0.4 penalty units.

(5)  The Commissioner, on hearing a dispute –

(a) may adjourn the hearing as the Commissioner considers appropriate; and

(b) may inform himself or herself on any relevant matters that he or she considers appropriate; and

(c) is to proceed without undue formality; and

(d) is not bound by the rules of evidence.

(6)  The Commissioner is to cause a copy of the determination of the dispute to be forwarded to each party to the dispute as soon as practicable after making the determination.

5.   Appeals

(1)  An appeal under section 14 of the Act is to –

(a) be instituted by a notice of appeal within 28 days of the receipt of the decision or determination in respect of which the appeal is made; and

(b) specify the parties to the appeal; and

(c) specify the grounds of the appeal; and

(d) be lodged with the Registrar of the Commission.

(2)  The Secretary is a party to an appeal.

(3)  A Full Bench, on hearing an appeal –

(a) may adjourn the hearing as it considers appropriate; and

(b) may inform itself on any relevant matters in a manner it considers appropriate; and

(c) is to proceed without undue formality; and

(d) is not bound by the rules of evidence; and

(e) is to have regard to any reason given by the Secretary or Commissioner for making the decision or determination in respect of which the appeal is made.

6.   Applications

(1)  An application to a magistrate under section 15 of the Act is to –

(a) specify –

(i) the parties to the application; and

(ii) the amount of money claimed; and

(iii) the date on which that amount became due; and

(b) be lodged with a clerk of petty sessions.

(2)  A clerk of petty sessions is to notify the parties to an application of the time and place at which the application will be heard and determined.

(3)  A magistrate, at the request of a party to an application, may summon witnesses to give evidence at the hearing of the application.

(4)  A magistrate is to cause a copy of the determination of an application to be forwarded to each party to the application as soon as practicable after making the determination.

7.   Long service leave records

(1)  For the purpose of section 18 of the Act, a long service leave record is to be –

(a) in writing; and

(b) in accordance with Form 1 in Schedule 1 .

(2)  An employer –

(a) may cause the long service leave record to be incorporated with any other record relating to leave, time or wages; and

(b) is to make an entry, or cause a relevant entry to be made, on the long service leave record as soon as practicable.

(3)  An employee, at any reasonable time, may inspect the record that relates to his or her entitlement to long service leave.

SCHEDULE 1 - Form

Regulation 7(1)(b)

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

Notified in the Gazette on 19 April 2017

These regulations are administered in the Department of Justice.