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MiscellaneousChapter 6

MiscellaneousPart 6-5 MiscellaneousDivision 2

Regulation6.08

Part 6-5—Miscellaneous

Division 2—Miscellaneous

Subdivision 1—Employment matters

6.08Public sector employer to act through employing authority—meaning of public sector employment

Employment or service that is public sector employment

(1) For paragraph 795(4)(h) of the Act, each of the following laws is prescribed: (aa) the Australian Civilian Corps Act 2011;

(a) the Australian Federal Police Act 1979;

(b) the Governor-General Act 1974;

(c) the Naval Defence Act 1910;

(d) the Members of Parliament (Staff) Act 1984.

Employment or service that is not public sector employment

(2) For paragraph 795(5)(a) of the Act, a member of the Defence Force is prescribed.

(3) For paragraph 795(5)(a) of the Act, a member of the Police Force of the Northern Territory is prescribed.

(4) For paragraph 795(5)(a) of the Act, a person who:

(a) holds an office established under a law of the Commonwealth or of a Territory; but

(b) is not a person who, otherwise than in his or her capacity as the holder of that office, is employed or serves in a capacity described in paragraphs 795(4)(a) to (h) of the Act;

is prescribed.

Example: An APS employee who also holds a part-time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full-time statutory office.

(5) For paragraph 795(5)(b) of the Act, the Prisons (Correctional Services) Act of the Northern Territory is prescribed.

6.09Public sector employer to act through employing authority—meaning of employing authority

For subsection 795(6) of the Act, the employing authority of a person mentioned in an item of Schedule 6.3 is:

(a) the person or body mentioned in the item as the employing authority; or

(b) each person or body mentioned in the item as the employing authority.

Fair Work Regulations 2009

Compilation date: 11/09/2021

97

Compilation No. 36

Registered: 19/10/2021

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