Browne v Director General, Department of Water and Environmental Regulation

[2020] WASCA 16

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Public Service
2. › Voluntary severance
3. › Calculation of severance payment
4. › Continuous service
5. › Whether service in public service of another State included in continuous service
6. › Whether deeming provisions of Long Service Leave General Order picked up by definition in Redundancy Regulations
7. › Public Sector Management (Redeployment and Redundancy) Regulations 2014 (WA), regs 3, 13(2)
1. Statutory Interpretation
2. › Delegated legislation
3. › Defined terms
4. › Incorporation by reference
5. › Meaning of 'continuous service' adopted from Long Service Leave General Order
6. › Transposition of meaning from one statutory context to another
7. › Harmonious construction of competing provisions
8. › Whether deeming provisions integral to adopted meaning

Quick Take

For the purposes of calculating voluntary severance payments under reg 13(2) of the Public Sector Management (Redeployment and Redundancy) Regulations 2014 (WA), 'continuous service' includes service in the public service of the Commonwealth or another State, where that service was continuous with service in the Western Australian Public Sector, by virtue of the deeming provisions in the Long Service Leave General Order being picked up by the definition in reg 3.