Tasmanian Consolidated Acts

LONG SERVICE LEAVE (STATE EMPLOYEES) ACT 1994 - SECT 3

In this Act, unless the contrary intention appears –

"age for retirement" means –

(a) the age prescribed by the Act under which an employee is employed as the age at which the employee is entitled to retire from employment; or

(b) if no age is so prescribed, the age of 55 years;

"Commission" means the Tasmanian Industrial Commission constituted under the Industrial Relations Act 1984;

"Commissioner" means a member of the Commission;

"day" means a working day;

"employee" means a State Service officer, State Service employee or any other person who is employed in any capacity by a State authority or a prescribed employer as a full-time employee or a part-time employee and includes–

(a) a person so employed whose terms and conditions of employment are prescribed by an industrial award; and

(b) an officer appointed under the Parliamentary Privilege Act 1898;

"Full Bench" means a Full Bench of the Commission constituted under the Industrial Relations Act 1984;

"full-time employee" means an employee who is required to devote the whole of working time to the duties of the position or appointment and includes the holder of a Government scholarship;

"Government department" has the same meaning as it has in the State Service Act 2000;

"Head of an Agency" means the Head of a State Service Agency;

"holder of a Government scholarship" means a person who is studying or training full-time under a scholarship provided by the State or a State authority;

"industrial award" means –

(a) any order or award under the Industrial Relations Act 1988 of the Commonwealth and any agreement under that Act having the force of an order or award; and

(b) any award or agreement under the Industrial Relations Act 1984;

"inspector" means a person holding office as an inspector under the Industrial Relations Act 1984;

"part-time employee" means an employee who is employed in other than full-time employment;

"prescribed authority" means –

(a) the appropriate Head of a State Service Agency, in the case of a State Service officer or State Service employee; or

(b) the person holding the office specified opposite that employee in column 2 of Schedule 1, in the case of an employee specified in column 1 of that Schedule; or

(c) the person holding a prescribed office, in the case of an employee employed in the Department responsible for the administration of this Act; or

(d) the Minister responsible for administering the provisions of the State Service Act 2000 which relate to the appointment of Heads of State Service Agencies, in the case of a Head of a State Service Agency; or

(e) the Minister responsible for administering the Act under which an employee is appointed, in any other case;

"relevant Minister", in relation to an employee, means the Minister who administers the Government department or State authority in which the employee is employed;

"resign" means to cease employment before the age for retirement;

"retire" means to cease employment at or after the age for retirement;

"Secretary" means the Secretary of the Department;

"State authority" means –

(a) any person appointed by the Governor under any Act; or

(b) any body constituted or established under any Act –

to administer any department, business or undertaking on behalf of the State;

"working day" includes a rostered day off;

"year" means a period of 12 months.