MEMBERS' FEES
W. M. MOORE
1. Every By-law made by Hospitals Boards providing for the pay- ment of fees to members for attending meetings and committee meetings of the Board, and making inspections, and the payment of expenses nccessar<ily incurred by attending such meetings and making inspections is hereby repealed.
2. (1) Fees-
(a) A Hospitals Board shall pay members the following fees for attending a meeting of the Board or of a Committee:-
(i) Oi) (iii)
Meeting up to' 2 hours inclusive More than 2 hours and up to 4 hours
More than 4 hours
Chairman Members
$43.50 $29.00
$58.00
$72.50
$38.50
$50.50 Provided such fee shall not be payable in n~spect of more than one meeting Qin any particular day and provided rurther that where the Deputy Chairman performs the duties of Ohairman he shall be paid the fees payable to the Chairman under the provisions of this subregulatiQin together with suoh allowance as the Board may grant to the Chairman under the provisions of subsection (5) of sectiQin 14 of ,this Act.
(b) Fees paid under the provisions of this subregulation shall not-
(i) exceed in aggmgate in anyone year $1,850 .in the case of the Chairman or Deputy Chairman Qir $1,000 in the case of a member; and
(ii) affect an allQiwance granted to the Chairman or Deputy Chairman by such Board under the provisions of this .hot.
(2) Travelling .Allowances.---A Hospitals Board shall pay the following travelling aHowances to the Chairman Dr a member who is required to travel on Board business:-
(a) Where the Chairman or member is an officer of the Public Service of Queensland, the allowances prescribed under Regulation 79 made under the provisions of the Public Service Act 1922-1968; Dr
(b) Where the Chairman or member is not such an officer:- (i) The Chairman-the allawance prescribed for an officer
classified 1-26 and higher; and
(ii) A member-the allowance prescribed for an afficcr olassified 1-13 to' 1-25 inclusive,
under such Regulation.
(3) Car Allowance.-A Haspitals Board shall pay a member whO' uses his own motor vehicle to attend a meeting of the Baard or af a Committee or to make an inspectian autharised by the Board, a car allowance in accordance with the allowance determined under Sub- regulation (2) O'f Regulation 82 made under the provisians af the Public Service Act 1922-1968.
"THE HOSPITALS OFFICERS AND EMPLOYEES' LONG SERVICE LEAVE REGULATIONS OF 1974"
Department of Health,
Brisbane, 22nd August, 1974.
HIS ExceHency the Governor, acting by and with the advioe of the Executive Council, has, in pursuance of the provjsions of tho Hospitals Act 1936-1971, been pleased to' make the foUowing Regulations.
S.'D. TOOTH.
"THE Hospitals Officers and Employ'ees' Long Service Leave RegulatiO'ns of 1973," made in pursuance of the provisions of the Hospitals Act 1936-1971, dated 15th March, 1973, and published in the Government Gazette of 17th March, 1973, are hereby revoked and the following Regulations, substituted in lieu thereof:-
1. These Regulatians may be cited as "The Hospitals Officers and Employees' Long Service Leave Regulations of 1974".
lA. Any reference in these regulations to 'permanent head af the Department of Health' or 'permanent head ar the Executive Director of Services also Assistant Under Secretary or the Director, Hospitals Administration oif the Department of Health' shall, with the exception of the reference to 'permanent head of the Department of Health' in regulation 5 (i), be read and construed as if the words 'Manager of the Hospitals Board concerned' appeared therein and shall operate and take effect accordingly.
Inserted by reg. pubd. Gazette 15 March 1980, p. 910.
Entitlement
2. An officer or employee who has completed or hereafter completes not less than ten years of continuous service shall, sub~ect as hereinafter pmvided, be entitled to long service leave at the rate of one and three-tenths weeks on fuU pay for eaoh year of his cO'ntinuous service and ,a propO'rtionate amount for a part of an incomplete year:
Provided that jn re:spect of each year of service for whi'ch disciplinary action has been taken against an officer or employee, the permanent head of the Department of Health, having regard to' the nature and time of the offence, may reduce an officer's Of emplO'yee's entitlement by a per-iod not exceeding the long service .leave for that year.
Further leave
3. An officer or employee who has taken or hereafter takes long service leave shall thereafter again be entitled upon completion of the period theTeof to long service leave, but no officer or employee shall be entitled to further long service leave under this provision unless and until the minimum period of such leave which may be granted to him hereunder is four weeks. The pe~iod of such long service leave shall be calcul,ated as provided in regulation (2) hereof in respect of the whole of the officer's or employee's continuous service after deducting therefrom any long ser¥ice leave previously taken.
Limit at anyone time
4. The maximum peTiod of long service leave which may be granted at anyone time is twenty-six weeks and the minimum period, except in the case of an Officer or employee whO' becomes ill during long seTvice leave and is granted sick leave for such iUness, is four weeks.
(Amendment Gov. Gaz., 28 April, 1979, page 1774).
Time when and the mode and conditions under which long service leave may be given
5. (i) An officer or employee who desires to be granted a period of long serv;ioe leave shaH give timely notice in wri{ing of his desire to take such leave and shall make application therefor to the Manager of the Hospitals Board by which he is employed in the maooer prescribed and on the form from time to time approved by the permanent head of the Department of Health on which form he shall state the amount of leave he requires and the date from which he desires such leave to cO'mmence.
(ii) (Repealed. )
(iii) Approv,al to the application of the officer or employee shall be oontingent upon the permanent head or the Executive Director of Services also Assistant Under Secretary or the Dil'ector, HOispitals AdministrartiOin of the Department Q1f Health determining-
(a) That the offioer or employee will be entitled under these regulations to the period of leave required at the time at whioh he desires such leave to' commence; and
(b) That leave for that period Gan be granted tOi the officer or employee at that time withQlut undue detriment to the Hospital Service.
(iv) The permanent head or the Executive DirectOir or!: Services also Assistant Under SeGretary or the Director, Hospitals Administration of the Department of Heal,th, shaU either-
(a) Approvre the application of the officer or employee; or (b) ApP'I'Ove the application altered with the cOinourrence of
the officer or employee in respect of the period of leave to be granted and/or the time of the commencement of s'UGh leave; or
(c) If he is not satisfied that the conditions contained in para- graphs (a) and (h) of sub-regulation (.iii) hereof are or will be oomplied with, refuse or defer consideration of the application.
Where the application of the officer or employee is approved the offioer Of employee shall, subject 'as hereinafter pwvided, be granted long service leave in accordance with such approval.
Repealed by reg. pubd. Gazette 15 March 1980, p. 910; as amended by reg.
pubd. Gazette 15 March 1980, p. 910.
Leave may be deferred or cancelled or officer or employee may be recalled from leave
6. (i) In special or emergent circumstances, the permanent head of the Department of Health may-
(a) Defer or cancel any period of long service leave approved in accordance wi~h regulat.ion (5) hereof;
(b) Recall an officer or employee at any time from an absence on long service leave, whereupon such officer or employee shall resume duty upon the day specified by the permanent head of the Department of Health.
(ii) An officer or employee so recalled from leave shaH he allowed to take the balance of the period of long service leave approved under regulatlion (5) hereof at a time mutually agreed upon hetween the permanent head of the Department of Health and the officer or employee, and for the purposes of regulation (3) hereof the peiriod of leave approved shall be deemed to have been taken continuously at the time at which it would have been taken if the officer or employee had not been so recalled.
Payment in lieu of leave on resignation
7. (i) An officer or employee who resigns or terminates his service and who immediately prior to the date on which his resignation or termination of service became effective was entitled to be granted long service leave shall, w1tlh the approval of the Permanent Head or the Executive Director of Services also Assistant Under Secretary or the Director, Hospitals Administration of the Department of Health, be paid in lieu of long service leave a sum equal to salary at the rate he was receiving at the date on which his resiignation or termination of service became effective for a period calculated as provided in regu,lation 2 hereof in r,espeet of rthe whole of the Officer's Olf Employee's continuous service after deducting fr:om such period any long service leave previously taken and without regard to' the minimum period for which such leave may be granted under these regulations, but the period for which payment in lieu of long service leave shall be made shaH in no case eXlCeed twenty- s,ix weeks except-
(a) in the cas,e of an offioer or employee who resigns at any time within a period of five years immediately preceding the day on which he would attain the age of sixty-five years;
(b) in the case of an officer or employee who resigns or te'rminates his service for the purpose of taking up an appointment made by the Governor in Council by Commis- sion in Her Majesty's Name.
Oi) An officer or employee who at the time at which his resignation or termination of service became effective was on long service leave shall, with the approval of the Permanent Head or the Executive Director of Services also Assistant Under Secretary or the Director, Hospitals Administration of the Department of Health, be paid in lieu of long service leave a sum equal to salary at the rate he was receiving at
the date on which his resignation or termination of service became effective for· a period cakulated as provided in regulation 2 hereof in respect of the whole of the officer's or employee's continuous service after deducting from such period any long service leave previously taken including the period of long service leave taken immediately prior to the time at which his resignation or termination of service became effective, but the period for which payment in lieu of long service leave shall be made shall in no case exceed twenty-six weeks except-
(a) in the case of an officer or employee who resigns at any time within a period of five years immediately preceding the day on which he would attain the age of sixty-five years;
(b) in the case of an officer or employee who resigns or terminates his service for the purpose of taking up an appointment made by the Governor in Council by Com- mission in Her Majesty's name.
(iii) This regulation shall not apply in any case in which the Permanent Head of the Department of Health is satisfied that the officer or employee concerned has been guilty of an offence against the Hospitals Act which would have warranted such officer being dismissed from or required to resign from the Hospital Service.
(Amendment Gov. Gaz., 28 April, 1979, page 1774.)
Payment in lieu of leave on retirement
8. If an officer or employee be retired or his services be terminated for any cause other than misconduct at the eJGpiration of a period of not less than ten years of continuous service, there shall be paid to him with the approval of the permanent head or the Executive Director of Services also Assistant Under Secretary or the Director, Hospitals Administration of the Department of Health in lieu of long service leave, a sum equal to salary at the rate he was receiving at the date of retirement for the period hereinafter specified.
On death of ofticer or employee equivalent payment to dependants or personal representative in respect O'f leave
9. (i) If an officer or employee dies during the currency of a period of long service leave, the permanent head or the Executive Director of Services also Assistant Under Secretary or the Director, Hospitals Administration of the Department of Health shall approve the payment to' his dependants (,if any) or if there be nO' dependant, to his personal rep:r:esentative, in lieu of long service leave cf a sum equal to salary at the rate he was receiving at the date of his death for ,the period hereinafter specified.
(ii) If an cfficer or emp1cyee dies at the ,expiration of a period cf net less than ten years of continuous service, the permanent head or the Executive Director of Services alsO' Assistant Under Secretary or the Directcr, Hospitals Administration of the Department of Healtlh shall approve the payment to his dependants (if any) or, if there be nO' dependants, to his personal representative, in lieu of long service leave of a sum equal to salary at the rate he was receiving at the date of his death for the period hereinafter specified.
Payment to female officers or employees upon marriage
10. If a female officer or employee resigns to be married at the expiration ofa period of not less than five years of continuous service and does not engage herself in any paid employment between her resignation and her marriage, there may be paid to her with the approval of the permanent head or the Executive Director Q1f Services also Assistant Under Secretary or the Director, Hospitals Administration of the Depart- ment of Health, upon the production of a copy of certificate of marriage, a statutory declaration signed by both parties to the marriage giving the place and date of marriage, or a duly authenticated short extract of the registration thereof, in lieu of long service leave, a sum equal to salary at the rate she was receiving at the date of her resignation for the
period hereinafter specified. '
Calculation of periods on retirement, death, or marriage
11. The periods referred to in regulations ( 8 ) , (9) , and (10) hereof shall be calculated as provided in regulation (2) hereof in respect of the whole of the officer's or employee's continuous service, after deduoting from suoh periods any long service leave previously taken.
Entitlement on re-admission to Hospital Service 12. Where an Officer or Employee-
(a) who has been granted long service leave; or
(b) who has received a payment in lieu of long serVlce leave under these regulations,
is re-admitted to the Hospital Service on or after the First day of May, 1979, the period of service for which long service leave has been granted or payment has been made shall not be credited to the Officer or Employee when calculating any entitlement to long service leave or any payment in lieu thereof.
(Amendment Gov. Gaz., 28 April, 1979, page 1774.)
Leave Granted under the Officials in Parliament Act
13. Where pursuant to section 5 of the Officials in Parliament Act 1896-1975, a period of leave not exceeding two months is taken by an officer or employee whO' is then entitled under these regulations to long service leave, upon the condition that it is chargeable against the long service leave to which that officer or employee is so entitled, the granting of such period of leave shall not prejudice or affect the eligibility of suoh Dfficer or emplO'yee for long service leave at the same time or times at which he wDuld otherwise have been entitled to' such leave but the period of leave so taken and ohargeable as aforesaid- (i) shaH be deducted from the long service leav:e to' which he
wDuld otherwise be entitled and which otherwise might have been granted to' him;
(i,i) 81ha11 be deemed to' be long service leave for the purpose of the deduction of long service leave previDusly taken which deduction paragraphs (i) and (ii) of regulation 7 and regulation 11 of these regulations require to' be made.
(Amendment Gov. Gaz" 28 April, 1979, page 1774.)
Leave granted under the Industrial Conciliation and A rbitration Act 1961-1974
14. Subject to regulations (5) and (6) of these regulations, if at any time an officer or employec would, if the provisions of section 17 of the Industrial Conciliation and Arbitration Act 1961-1974, applied to him, be entitled to long service leave in terms of that section, then (notwithstanding that he would not be -entitled under these regulations to long service lcave or to a paymcntin lieu of long service leave) he shall be entitled to the same amount of long service leave as that to which he would have been entitled had the provisions of the said section appEed to' him (Dr to' payment of a cash equivalent therefor) less any long service leave Dr payment in lieu of long service leave which 11e may have taken Dr have been paid under thcse regulations.
Meaning of "service", "Hospital Service", "long service leave", "salary", and "dependant"
15. For purposes of these Regulations-
(i) The term "service" means service in the emplDyment of a Hospitals Board or Hospital Boards constituted under the Hospitals Act 1936-1971;
(ii) The term the "Hospital Service"compdses all persons employed for the time being in any capacity by a Hospitals Board or Hospitals Boards constituted under ·the Hospitals Act 1936-1971;
(iii) The term "long service leave" includes extended leave or long service leave granted under any Regulation heretofore in force authorising the granting of extended l'eave or long service leave;
(iv) The term "salary" includes "the allowance to meet increased cost of living"; and
(v) The term "dependant" means a relative proved to the satisfaction of the permanent head of the Department of Health to have been wholly or in part dependent upon the earnings of the officer or employee, being-
(a) The widow, son, or daughter of the officer; or
(b) If there be no widow, S011, or daughter, then any other . felative.
Published Gov. Gaz., 24 August, 1974 (pages 2228-9).
NOTE.-Previous Regulation'" now repealed, published in Gazettes dated 25th March, 1950 (pages 1154-5), 3rd October, 1953 (pages 588-90), 12th June, 1965 (pages 983-5), 13th April, 1968 (pages 1500-2), 15th January, 1972 (pages 297-8), and 17th March, 1973 (pages 1306-8).