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10. Government
C. Public Service
i. Legislation
Commonwealth:
Made under the Public Service Act 1999 (Cth):
Made under the Parliamentary Contributory Superannuation Act 1948 (Cth):
New South Wales:
Made under the Government Sector Employment Act 2013 (NSW):
Industrial Relations Act 1996 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): allows regulations to be made that will permit an election of officers in State organisations to be postponed for up to 12 months from the commencement of the amendment.
Made under the Industrial Relations Act 1996:
Made under the Statutory and Other Offices Remuneration Act 1975 (NSW):
Queensland:
Made under the Public Service Act 2008 (Qld):
Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
Western Australia:
Made under the Local Government Act 1995 (WA):
ii. Case law
This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
For decisions relating to variations of Government Industry Awards, please see the Awards section.
C. Public Service
i. Legislation
Commonwealth:
Made under the Public Service Act 1999 (Cth):
- Prime Minister’s direction under subsection 21(1) – 2020 (No. 1)
- Public Service (Terms and Conditions of Employment) (General wage increase deferrals during the COVID‑19 pandemic) Determination 2020
Made under the Parliamentary Contributory Superannuation Act 1948 (Cth):
- Parliamentary Contributory Superannuation (Early Release Payments) Regulations 2020: allows early access to superannuation by deferred members in the Parliamentary Contributory Superannuation Scheme (PCSS) due to severe financial hardship and compassionate grounds.
New South Wales:
Made under the Government Sector Employment Act 2013 (NSW):
- Government Sector Employment (General) Rules 2014 amended by the Government Sector Employment (General) Rules (Amendment No 11—COVID-19) 2020
Industrial Relations Act 1996 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): allows regulations to be made that will permit an election of officers in State organisations to be postponed for up to 12 months from the commencement of the amendment.
Made under the Industrial Relations Act 1996:
- Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, amended by:
- Industrial Relations (Public Sector Conditions of Employment) Amendment (Temporary Wages Policy) Regulation 2020: to implement a temporary wages policy, being a 12-month pause on wage increases for public sector employees covered by the Industrial Relations Act 1996 (NSW).
Made under the Statutory and Other Offices Remuneration Act 1975 (NSW):
- Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013, amended by:
- Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Amendment (Temporary Wages Policy) Regulation 2020: to implement a temporary wages policy, being a 12-month pause on remuneration increases for office holders covered by Part 3 of the Statutory and Other Offices Remuneration Act 1975 (NSW).
Queensland:
Made under the Public Service Act 2008 (Qld):
Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas):
Western Australia:
Made under the Local Government Act 1995 (WA):
- Local Government (Long Service Leave) Regulations amended by the Local Government Regulations Amendment Regulations 2020
ii. Case law
This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
For decisions relating to variations of Government Industry Awards, please see the Awards section.
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