Commonwealth Consolidated Regulations

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS 1957 - REG 4D

         (1)   For the purpose of section 20 of the Act, salary includes an allowance (in this regulation called district allowance ) payable to a person by reason of the fact that the person is required to perform duties in a particular district in Australia or in a Territory of the Commonwealth.

         (2)   The district allowance is payable to the person on the condition that during the period of the person's long service leave:

                (a)    the person remains in the district in respect of which the allowance is payable; or

               (b)    if the person is absent from the district, the person's spouse, de facto partner or family remains in the district during any part of the period that the person is absent from the district.

         (3)   Where:

                (a)    the salary of a person for the purpose of a provision of the Act referred to in subregulation (1) of this regulation includes, by virtue of that subregulation, a district allowance in relation to a particular district;

               (b)    provision is made for that allowance to be payable at a particular rate, or in accordance with a particular scale of rates, in the case of persons:

                          (i)    who are stationed at, or required to perform duty at, and to reside in, an established camp in the district; or

                         (ii)    who are required, as members, whether regular or otherwise, of a camping party, to camp in the district elsewhere than at an established camp;

                        and at another rate, or in accordance with another scale of rates, in the case of other persons who are stationed at, and reside in, the district; and

                (c)    the person is in receipt of that allowance at the rate, or in accordance with the scale of rates, applicable in the case of persons referred to in subparagraph (i) or (ii) of the last preceding paragraph;

that allowance is included in the salary of the person to the extent only that it would be included if the person were stationed at, and residing in, the district but was not residing in an established camp in the district, or camping, as a member of a camping party, in the district elsewhere than at an established camp, as the case may be.

         (4)   In this regulation:

child , of a person means:

                (a)    an adopted child, a stepchild or an exnuptial child of the person; or

               (b)    someone who is a child of the person within the meaning of the Family Law Act 1975.

"de facto partner" has the meaning given by section 22A of the Acts Interpretation Act 1901 .

"family" , of a person, is taken to include the following members:

                (a)    a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person;

               (b)    a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.