Water (Long Service Leave) Regulations 2001

i Water (Long Service Leave) Regulations 2001 S.R. No. 79/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 4. When leave may be taken 2 5. No other employment 2 6. Computing period of service 2 7. Matters affecting entitlement to long service leave 3 8. Prior employment by other Authorities 4 9. Other prior employment 4 10. Prior employment that is not to be taken into account 5 11. Normal weekly hours 5 12. Computation of pay for leave with pay 6 13. Entitlement on death 6 14. Entitlement on retirement, resignation or termination 7 15. Computation of pay instead of leave 7 16. Transfer of entitlements between Authorities 8 17. Authority to refund former or other Authority in some cases 10 18. Authority to be able to seek further reimbursement from other Authorities in some cases 11 19. Agreements regarding transfer of entitlements 12 20. Exchange of information between Authorities 13 21. Agreements between Authorities regarding part-time employment 13 22. Transitional—retirement because of age 13 ═══════════════ ENDNOTES 14 -- 1 of 15 -- 1 STATUTORY RULES 2001 S.R. No. 79/2001 Water Act 1989 Water (Long Service Leave) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 7 August 2001 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to provide for long service leave for officers of water authorities and Catchment Management Authorities (other than officers of councils). 2. Authorising provisions These Regulations are made under sections 89(7) and 324 of the Water Act 1989. 3. Definitions In these Regulations— "Act" means the Water Act 1989; "Authority" has the same meaning as it has in the Act, but does not include a council listed in Column 1 of Schedule 12 or appointed under section 98(1)(a) of the Act; -- 2 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 2 "officer" means a person employed by an Authority. 4. When leave may be taken If the officer and the Authority cannot agree on the time for the officer to take long service leave, the Minister must decide. 5. No other employment An officer on long service leave must not engage in any employment for hire or reward. 6. Computing period of service (1) In computing the period of long service leave, or pay instead of that leave, to which any officer is entitled, the Authority must take into account any long service leave, or pay instead of that leave, already granted to him or her. (2) In computing the period of service in respect of which an officer of the Authority is entitled to be granted long service leave— (a) the Authority must include— (i) subject to paragraph (b) and to regulations 8, 9, 10 and 11, the aggregate of his or her periods of service if his or her period of service is not continuous; and (ii) any period of service during which he or she was absent from duty on annual recreation leave or sick leave on full pay or half pay or, to the extent determined by the Authority in any particular case, the whole or any portion of a period of service when he or she was absent from duty on any other leave; and r. 4 -- 3 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 3 (iii) any period during which his or her service was interrupted or he or she was absent from work in any of the circumstances described in paragraphs (a), (b) and (g) of regulation 7; and (b) the Authority must not include— (i) any prior period of service which was terminated when he or she voluntarily left his or her employment or was dismissed from it for causes within his or her own control; or (ii) any period during which his or her service was interrupted or he or she was absent from work in any of the circumstances described in paragraphs (c), (d), (e) and (f) of regulation 7. (3) For the purposes of sub-regulation (2)(b)(i), an officer must not be taken to have voluntarily left his or her employment if he or she terminated his or her services in special circumstances and the Authority, after considering these circumstances, decides that the period of prior service should be included. 7. Matters affecting entitlement to long service leave The entitlement of an officer to long service leave or pay instead of it is not (except as provided in regulation 6(2)(b)(ii)) affected by— (a) any absence from work of not more than 14 days in any year because of illness or injury; or (b) any interruption or ending of his or her service by the Authority, if that interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual recreation leave; or r. 7 -- 4 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 4 (c) any interruption in his or her service arising directly or indirectly from an industrial dispute; or (d) the dismissal of the officer, if he or she is re-employed within 2 months after the date of dismissal; or (e) the standing down of an officer when no work is available for him or her; or (f) any other absence of the officer because of injury arising out of or in the course of his or her employment; or (g) any absence on service as a member of the naval, military or air forces of the Commonwealth of Australia (other than service as a member of the permanent forces after he or she became an officer of the Authority). 8. Prior employment by other Authorities In computing the period of service which entitles an officer to be granted long service leave, or pay instead of it or an amount under regulation 13 or 14, the Authority must take into account— (a) any period after 1 March 1975 during which the officer was employed by any other Authority or Authorities; and (b) any other period during which the officer was employed by any other Authority that was his or her employer at 1 March 1975— but if there is an interruption of more than 2 months between any periods of the officer's employment, any period before that interruption must be disregarded. 9. Other prior employment r. 8 -- 5 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 5 An Authority must take into account prior service by an officer— (a) with any local government authority under the law of the Commonwealth or of any State; and (b) in any office under the Crown in right of the Commonwealth or any State; and (c) in any office with any public authority of the Commonwealth or any State— in computing the period of service which entitles the officer to be granted long service leave, to the extent provided for in any agreement that the Authority has entered into under regulation 19. 10. Prior employment that is not to be taken into account (1) For the purposes of regulations 8 and 9, the service of the officer with the former Authority or other person or body must not be taken into account unless the officer was employed by that former Authority or other person or body for 3 years or more. (2) Sub-regulation (1) does not apply if the officer— (a) has died; or (b) has retired because of age; or (c) has retired, or had his or her services terminated, because of ill health. 11. Normal weekly hours (1) In computing the period of service that entitles an officer to long service leave, any period during which the normal weekly number of hours of work of the officer was less than 24 must not be taken into account. (2) If no normal weekly number of hours is fixed for an officer under the terms of his or her -- 6 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 6 employment, his or her normal weekly number of hours during each year, starting at the date on which he or she was first employed by the Authority, must be taken to be the average weekly number of hours worked by the officer during that year. (3) Despite sub-regulations (1) and (2), in computing the period of service that entitles an officer to long service leave, a period of employment during which— (a) the officer is employed with an Authority and any other local government authority; and (b) his or her normal weekly number of hours is greater than 24— must be taken into account. 12. Computation of pay for leave with pay If an officer is granted long service leave with pay, that pay must be computed in the same manner as if he or she had remained on duty during the period of leave. 13. Entitlement on death (1) An officer who has completed 5 or more years of service and who dies is entitled to be granted pay instead of long service leave at the rate of 10% of 3 months pay for each completed year of service in respect of which the officer had not already taken long service leave or pay instead of leave. (2) If an officer dies before or while taking long service leave, or before being paid in full for long service leave, the Authority must pay to the legal personal representative of the officer— (a) any pay which the officer elected to take instead of leave that had yet to be paid; and r. 12 -- 7 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 7 (b) pay instead of any long service leave to which the officer was entitled and which he or she had not taken, or for which he or she had not been paid. 14. Entitlement on retirement, resignation or termination (1) An officer who has completed 5 years of service and who, because of age retires, or, because of ill health, retires or has his or her services terminated, is entitled to be granted pay instead of long service leave at the rate of 10% of 3 months pay for each completed year of service in respect of which the officer has not already taken long service leave or pay instead of leave. (2) An officer who has completed 10 years of service and who— (a) resigns; or (b) has his or her services terminated for any reason other than ill health— is entitled to be granted pay instead of long service leave at the rate of 10% of 3 months pay for each completed year of service in respect of which the officer has not already taken long service leave or pay instead of leave. (3) An officer retires because of age, if he or she ceases to be an officer on or after becoming 55 years old. (4) An officer retires or has his or her services terminated because of ill health, if the Authority is satisfied that he or she ceases to be an officer because of ill health that is likely to be permanent. 15. Computation of pay instead of leave (1) If an officer or the legal personal representative of any deceased officer is granted pay instead of the r. 14 -- 8 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 8 whole or part of any long service leave to which that officer is or was entitled, that pay must be computed for the period of the leave on the basis of the officer's normal weekly number of hours of work and his or her ordinary time rate of pay as at the date of accrual to the officer of the entitlement. (2) If no ordinary time rate of pay is fixed for an officer's work under the terms of his or her employment, the ordinary time rate of pay must be taken to be the average weekly rate earned by him or her while actually working during the period of 12 months immediately before the date of accrual to the officer of the entitlement. (3) If no normal weekly number of hours is fixed for an officer under the terms of his or her employment, the normal weekly number of hours must be taken to be the average weekly number of hours worked by him or her during the period of 12 months immediately before the date of accrual to the officer of the entitlement. (4) In this regulation the expression "the date of accrual to the officer of the entitlement" means the date on which the pay instead of long service is granted to the officer or, in the case of any officer who at that date is not entitled to receive pay, the date on which he or she ceased to be so entitled. 16. Transfer of entitlements between Authorities (1) If an officer ceases to be employed by an Authority (the "former Authority") and within 2 months of ceasing to be so employed is employed by another Authority (the "current Authority"), the current Authority must, within 2 months of the commencement of the officer's employment, inform the former Authority of his or her employment and the former Authority must within -- 9 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 9 30 days of being so informed pay to the current Authority— (a) if the officer was employed by the former Authority for a period of 3 years or more, an amount equal to 10% of 3 months pay for each completed year of service of that officer with the former Authority and with any other Authority, person or body where service with the former Authority or that other Authority, person or body would be included in computing the period of service entitling the officer to long service leave under these Regulations; or (b) if the officer was employed by the former Authority for a period of less than 3 years, any amount which the former Authority has received in respect of that officer from any other Authority, person or body in respect of long service leave. (2) The amount to be paid by the former Authority to the current Authority under sub-regulation (1)(a) must be computed on the basis of the officer's normal weekly number of hours of work and his or her ordinary time rate of pay as at the time he or she ceased being employed by the former Authority. (3) If no ordinary time rate of pay is fixed for an officer's work under the terms of his or her employment, the ordinary time rate of pay must be taken to be the average weekly rate earned by him or her while actually working during the period of 12 months immediately before the date he or she ceased being employed by the former Authority. (4) If no normal weekly number of hours is fixed for an officer under the terms of his or her employment, the normal weekly number of hours r. 16 -- 10 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 10 must be taken to be the average weekly number of hours worked by him or her during the period of 12 months immediately before the date he or she ceased being employed by the former Authority. 17. Authority to refund former or other Authority in some cases (1) This regulation applies if— (a) a current Authority (within the meaning of regulation 16(1)) has received a payment in respect of an officer from a former Authority under regulation 16(1); and (b) the officer ceases to be employed by the current Authority; and (c) the officer— (i) resigned or had his of her services terminated for any reason other than ill health, and 6 months after the cessation of employment— (A) the current Authority has not been informed that the officer has been employed by any other Authority; and (B) no agreement has been made for a payment to be made in respect of the officer by the current Authority under regulation 19(a); or (ii) died or, because of age retired, or, because of ill health, retired or had his or her services terminated; and (d) no long service leave or pay instead of long service leave has been granted by the current authority under regulation 13 or 14 in respect of the officer; and r. 17 -- 11 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 11 (e) there is no entitlement to long service leave or entitlement to pay instead of long service leave under regulation 13 or 14 in respect of that officer. (2) The current Authority must inform the former Authority, or any other Authority which has paid a contribution under regulation 16(1) in respect of the officer, that this regulation applies to the payment that the former or other Authority has made in respect of the officer. (3) At the request of the former or other Authority, the current Authority must refund the payment to the former or other Authority. (4) The current Authority— (a) must comply with sub-regulation (2) within 30 days after the date all the conditions listed in sub-regulation (1) are met; and (b) must comply with sub-regulation (3) within 30 days after the date the request is received in writing from the former or other Authority. 18. Authority to be able to seek further reimbursement from other Authorities in some cases (1) This regulation applies if— (a) an officer dies or, because of age retires, or, because of ill health, retires or has his or her services terminated; and (b) pay instead of long service leave in respect of that officer has been granted by the current Authority (within the meaning of regulation 16(1)) under regulation 13 or 14(1); and r. 18 -- 12 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 12 (c) that pay is based on a period of service which takes into account prior service with any other Authority (a "relevant Authority"); and (d) the current Authority has not received any payment in respect of that period of service from a relevant Authority under regulation 16(1) or under an agreement made under regulation 19(b). (2) The current Authority may request in writing that the relevant Authority make a payment to it in respect of the pay instead of long service leave paid to the officer. (3) Within 30 days after receiving a request under sub-regulation (2), the relevant Authority must pay to the current Authority an amount equal to 10% of 3 months pay for each completed year of service of the officer with the relevant Authority. 19. Agreements regarding transfer of entitlements An Authority may enter into an agreement with the Treasurer or with any other person or public authority responsible for the payment of salary or wages to any person holding an office described in regulation 9(b) or (c) providing for— (a) payments by the Authority to the Treasurer or the person or public authority in respect of long service leave for the officer transferring from employment with the Authority to employment with the Crown, government or public authority; (b) payments to the Authority by the Treasurer or the person or public authority in respect of long service leave for the officer transferring from employment with the Crown, r. 19 -- 13 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 13 government or public authority to employment with the Authority. 20. Exchange of information between Authorities An Authority must at the request of any other Authority supply that other Authority with any information in its possession which may be required by that other Authority for the purposes of these Regulations. 21. Agreements between Authorities regarding part-time employment An Authority may enter into an agreement with any other Authority or Authorities with respect to long service leave to be granted to an officer employed on a part-time basis by the Authority and that other Authority or those other Authorities, and may do anything necessary or expedient to carry such an agreement into effect. 22. Transitional—retirement because of age A person who resigned from an Authority before this regulation came into operation is not entitled to an amount under these Regulations in respect of his or her service with an Authority that is additional to the amount (if any) that he or she was entitled to under the Water (Long Service Leave) Regulations 1990. ═══════════════ r. 20 -- 14 of 15 -- S.R. No. 79/2001 Water (Long Service Leave) Regulations 2001 14 ENDNOTES Note that the Water (Long Service Leave) Regulations 1990, S.R. No. 199/1990 as extended in operation by S.R. No. 76/2000, were revoked on 6 August 2001 under section 5 of the Subordinate Legislation Act 1994. Endnotes -- 15 of 15 --