Overview
The federal government has registered the Long Service Leave (Commonwealth Employees) Regulations 2026. These regulations came into force on 21 September 2026. They sit under the Long Service Leave (Commonwealth Employees) Act 1976 and are administered by the Department of the Prime Minister and Cabinet.
What the regulations cover
The regulations set out rules in three main areas:
- Service calculation - how periods of service are calculated for Commonwealth employees.
- Inclusions in salary - what allowances count as salary, such as higher duties allowances and district allowances.
- Exclusions from salary - what payments are excluded from salary, such as overtime and on-call allowances.
Repeal of the 2016 regulation
The Long Service Leave (Commonwealth Employees) Regulations 2026 repeal and replace the Long Service Leave (Commonwealth Employees) Regulation 2016.
Scope
These regulations apply to Commonwealth Government employees only. Private sector workers and state government employees are not covered by these regulations.
Key actions
- Employers with staff directly under Commonwealth employment arrangements can review the new regulations at https://www.legislation.gov.au/F2026L01251 to confirm how service periods and salary calculations are defined under the updated rules.
- The Long Service Leave (Commonwealth Employees) Regulation 2016 has been repealed - internal HR documents that reference the 2016 regulation are to be updated to reference the 2026 version.
- Employers uncertain whether their workers fall under Commonwealth employment conditions can contact the Department of the Prime Minister and Cabinet for clarification.
This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.