Public Sector Regulations 2025

Section 51 of the Act to the extent that it provides that the rights of an employee of a public sector agency to leave are governed by Schedule 1 Part 6 (Long service leave) of the Act applies to—

police officers; and

employees of the South Australian Fire and Emergency Services Commission, South Australian Metropolitan Fire Service, South Australian Country Fire Service or South Australian State Emergency Service; and

public sector employees bound by the South Australian Metropolitan Fire Service Enterprise Agreement 2022; and

officers of both Houses of Parliament and persons under the separate control of the President of the Legislative Council or the Speaker of the House of Assembly or under their joint control (other than a person appointed to an office under the Parliament (Joint Services) Act 1985); and

public sector employees who do not have an entitlement to long service leave under an Act or under their conditions of employment (other than a person who is remunerated solely by fees, allowances or commission or a person employed by a statutory corporation).

However, the provisions of Schedule 1 Part 6 of the Act that provide for an entitlement to skills and experience retention leave under clause 7(1a) of Schedule 1 of the Act will not apply to—

any person who is bound by the South Australia Police Enterprise Agreement 2021;

any other person who is entitled under a determination of the Commissioner of Police to leave that corresponds to Police Service Leave under clause 38 of the South Australia Police Enterprise Agreement 2021 (including a determination made before that clause came into effect).

Section 51 of the Act to the extent that it provides that the rights of an employee of a public sector agency to leave are governed by Schedule 1 clause 7(1), (1a), (2)(a) and (4a) to (5) (inclusive) of the Act applies to persons employed by the Return to Work Corporation of South Australia under Part 5 of the Return to Work Corporation of South Australia Act 1994.

Section 51 of the Act to the extent that it provides that the rights of an employee of a public sector agency to leave are governed by Schedule 1 clause 7(1), (1a), (2)(a), (2a) and (4a) to (5) (inclusive) of the Act applies to—

persons employed under section 72 of the Act; and

without limiting paragraph (a), persons employed in the position of Assistant or Research Officer to a Member of Parliament.

For the purposes of this clause, the service or effective service of an employee includes service that would be counted as service or effective service (as the case requires) under Schedule 1 clause 10 of the Act if the employee were a Public Service employee.