State Service Regulations 2021 (Tas)

State Service Regulations 2021

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 State Service Act 2000 .

12 April 2021

C. WARNER

Governor

By Her Excellency's Command,

PETER GUTWEIN

Premier

PART 1 - Preliminary

1. Short title These regulations may be cited as the State Service Regulations 2021 .

2. Commencement These regulations take effect on 13 April 2021.

3. Interpretation (1) In these regulations – Act means the State Service Act 2000 ; carer's leave, in relation to an employee or officer, means leave granted to the employee or officer to enable the employee or officer to care for a relative of the employee or officer, or a member of the employee's or officer's household, who – (a) is sick and requires care and support; or (b) requires care due to an unexpected emergency; dependant, in relation to an employee, means – (a) a relative of the employee who – (i) normally resides with the employee; and (ii) is wholly or substantially dependent on the employee for financial support; and (b) a person who – (i) is not a relative of the employee; and (ii) normally resides with the employee and has done so for a period of at least 12 months; and (iii) is wholly or substantially dependent on the employee for financial support; dwelling includes any residential accommodation, of a kind commonly known as a flat or home unit, that is, or is intended to be, a separate tenement; new locality, in relation to an employee, means the locality to which the employee relocates as a result of an assignment of duties to the employee; old locality, in relation to an employee, means the locality from which the employee relocates as a result of an assignment of duties to the employee; personal leave means sick leave or carer's leave; reimbursable expenses means – (a) legal fees; and (b) agent's commission; and (c) stamp duty; and (d) fees payable to the Recorder of Titles or to a person in another State or a Territory of the Commonwealth performing duties of a similar nature to, and for the same purposes as, the Recorder of Titles; and (e) expenses relating to the execution or discharge of a first mortgage; and (f) in the case of a sale of a kind referred to in regulation 18(1)(a) , the reasonable costs of advertising; relative, in relation to an employee or officer or a relevant employee within the meaning of regulation 24 , means – (a) the spouse of the employee,officer or relevant employee; and (b) a person with whom the employee, officer or relevant employee has resided for substantially the whole of the period of 12 months immediately preceding that person's illness or death; and (c) a person who is in a caring relationship, within the meaning of the Relationships Act 2003 , with the employee, officer or relevant employee; and (d) the parent or step-parent of the employee, officer or relevant employee; and (e) the father-in-law or mother-in-law of the employee, officer or relevant employee; and (f) a child or stepchild of the employee, officer or relevant employee; and (g) a brother or sister, stepbrother or stepsister, or brother-in-law or sister-in-law, of the employee, officer or relevant employee; and (h) a grandparent of the employee, officer or relevant employee; and (i) a grandchild of the employee, officer or relevant employee; sick leave, in relation to an employee or officer, means leave granted to the employee or officer because of the illness or injury of the employee or officer; spouse in relation to an employee, officer or relevant employee, includes a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with the employee, officer or relevant employee; standing orders means standing orders made by a Head of Agency under section 34(2) of the Act. (2) For the purposes of the definition of dependant, a person is taken to be wholly or substantially dependent on an employee if that person receives or is entitled to receive an annual income that is less than the minimum wage as determined from time to time by the Tasmanian Industrial Commission. (3) An employee with dependants is taken to be an employee without dependants where any dependant of the employee receives or is entitled to receive allowances of a similar nature to the payments and allowances specified in regulation 17 by reason of any entitlement arising from any employment, other than as an employee, engaged in by the dependant.