{"id":"F2018L00216","name":"Coal Mining Industry (Long Service Leave) Administration Regulations 2018","slug":"coal-mining-industry-long-service-leave-administration-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439512,"registerId":"F2018L00216-fast-fetch-1775955512361","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coal Mining Industry (Long Service Leave) Administration Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nCoal Mining Industry (Long Service Leave) Administration Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 02 March 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nCraig Laundy\n\nMinister for Small and Family Business, the Workplace and Deregulation\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Prescribed matters\n\n6 Qualifications of Fund administrator\n\n7 Waiver agreements—prescribed employees\n\nPart 3—Application and transitional provisions\n\n8 Application of instrument\n\nSchedule 1—Repeals\n\nCoal Mining Industry (Long Service Leave) Administration Regulations 1993\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Coal Mining Industry (Long Service Leave) Administration Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2018. 1 July 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Coal Mining Industry (Long Service Leave) Administration Act 1992.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Corporation;\n\n(b) eligible employee;\n\n(c) executive officer;\n\n(d) Fund.\n\n  In this instrument:\n\nAct means the Coal Mining Industry (Long Service Leave) Administration Act 1992.\n\nofficer, in relation to a corporation, means a person who:\n\n (a) is a director (within the meaning of the Corporations Act 2001) of the corporation; or\n\n (b) is an executive officer of the corporation; or\n\n (c) has control or substantial control of the corporation.\n\nPart 2—Prescribed matters\n\n \n\n6  Qualifications of Fund administrator\n\n (1) This section makes provision in relation to a person with whom the Corporation proposes to enter, or has entered, a contract to administer the Fund, as mentioned in subsection 8(2) of the Act (the administrator).\n\n (2) If the administrator is an individual, the Corporation must be satisfied on reasonable grounds that the administrator:\n\n (a) has educational qualifications and experience appropriate to administer the Fund; and\n\n (b) is not an insolvent under administration within the meaning of the Corporations Act 2001; and\n\n (c) has not within the last 10 years been convicted of an offence involving financial dishonesty; and\n\n (d) is of good fame and character; and\n\n (e) will be an honest, efficient and fair administrator of the Fund.\n\n (3) If the administrator is a corporation, the Corporation must be satisfied on reasonable grounds that:\n\n (a) the administrator is not a Chapter 5 body corporate within the meaning of the Corporations Act 2001; and\n\n (b) subject to subsection (4), each officer of the administrator meets the requirements set out in subsection (2).\n\n (4) The Corporation may appoint a corporation as administrator even though not every officer of the administrator meets the requirements set out in subsection (2), if the Board is satisfied that the administration of the Fund is not likely to be prejudiced by the circumstance that one or more officers do not meet those requirements.\n\n7  Waiver agreements—prescribed employees\n\n  For the purposes of subsection 39B(1) of the Act, an eligible employee is of a kind prescribed if the eligible employee:\n\n (a) is at least 55 years of age and has no qualifying service for the purposes of section 39A of the Act; or\n\n (b) is at least 55 years of age and has at least 8 years of qualifying service for the purposes of section 39A of the Act; or\n\n (c) is a manager of a corporation that employs eligible employees in the black coal mining industry; or\n\n (d) is a senior professional employee engaged in the management of a corporation that employs eligible employees in the black coal mining industry; or\n\n (e) has an annual salary (including allowances) of:\n\n (i) in 2017—at least $174,700; and\n\n (ii) in a subsequent year—$174,700, as adjusted by the annual rate of the Consumer Price Index for 2017 and then for each completed year (if any) after 2017; or\n\n (f) is employed under an undergraduate placement or a work training placement.\n\nNote: Eligible employees of these kinds may make a waiver agreement with their employer as described in section 39B of the Act.\n\nPart 3—Application and transitional provisions\n\n \n\n8  Application of instrument\n\n  Section 6 (qualifications of fund administrator) applies in relation to a contract if the contract:\n\n (a) was in existence on 1 July 2018; or\n\n (b) is entered into on or after 1 July 2018.\n\nSchedule 1—Repeals\n\n \n\nCoal Mining Industry (Long Service Leave) Administration Regulations 1993\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: administrative details for the Coal Mining Industry Long Service Leave scheme. It covers only two substantive matters—administrator qualifications and waiver categories—exactly as suggested by the enabling Act's framework. The 2018 version simply updates and replaces the 1993 Regulations without expanding into new policy areas."},"complexity_factors":["Short length (8 sections plus Schedule)","Minimal defined terms (only 2 explicit definitions in the instrument itself: 'Act' and 'officer')","Straightforward conditional logic (simple 'if/then' structures in sections 6 and 7)","Single cross-reference to the parent Act for most definitions","No nested exceptions or complex transitional arrangements beyond a simple date-based application rule","Clear prescriptive lists (subsection 7(a)-(f)) rather than ambiguous standards"],"plain_english_summary":"This law tightens integrity and fitness checks for anyone or any company appointed to run the Coal Mining Industry Long Service Leave Fund, ensuring managers are qualified, solvent and free of recent serious misconduct. It also narrows who may sign waiver agreements to leave the national portable scheme — targeting certain older, senior, high‑paid or temporary coal workers — giving those groups an option to negotiate private long‑service arrangements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 1993 Regulations and replaces them with focused rules: it prescribes specific qualifications for Fund administrators, enumerates employee categories eligible for waiver agreements (including an indexed salary threshold), and applies to contracts existing on 1 July 2018 and those entered from that date. Practically, it narrows and clarifies administrative fitness tests and waiver classes while shifting operational detail from the earlier instrument into the new regulations."},"complexity_factors":["Cross‑reference dependence on the Coal Mining Industry (Long Service Leave) Administration Act 1992 for key terms and powers (Definitions and authority)","Different qualification tests for individual administrators (education, insolvency, convictions, character and conduct) versus corporate administrators","Board discretion allowing appointment of a corporation even if some officers fail individual tests (s6(4))","Prescribed employee categories for waiver agreements include multiple, overlapping criteria (age, qualifying service, managerial/senior professional roles, salary threshold, trainees)","Salary threshold indexed to the Consumer Price Index for years after 2017 (s7(e)(ii)), requiring ongoing adjustment","Transitional/application clause covering contracts existing on 1 July 2018 and entered thereafter (s8)","Straightforward repeal of the 1993 Regulations but potential practical effects where prior arrangements persist (Schedule 1)","Reliance on defined terms from the Act (eg. eligible employee, Fund, Corporation), increasing interpretive load"],"plain_english_summary":"This regulation sets the rules for who may administer the Coal Mining Industry Long Service Leave Fund and which employees may sign waiver agreements with their employers. It requires the Corporation to satisfy specific fitness, insolvency and criminal‑history checks for individual administrators, and similar checks for corporate administrators (with limited Board discretion). It also prescribes employee categories (age/service thresholds, managers, senior professionals, salary threshold indexed to CPI, and trainees) and repeals the 1993 regulations. The Corporation decides appointments; employees may choose waivers with employers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/coal-mining-industry-long-service-leave-administration-regulations-2018","history":"/api/acts/coal-mining-industry-long-service-leave-administration-regulations-2018/history","analysis":"/api/acts/coal-mining-industry-long-service-leave-administration-regulations-2018/analysis","conflicts":"/api/acts/coal-mining-industry-long-service-leave-administration-regulations-2018/conflicts","importantCases":"/api/acts/coal-mining-industry-long-service-leave-administration-regulations-2018/important-cases","documents":"/api/acts/coal-mining-industry-long-service-leave-administration-regulations-2018/documents"}}