{"id":"construction-industry-long-service-leave-regulations-2018","name":"Construction Industry Long Service Leave Regulations 2018","slug":"construction-industry-long-service-leave-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235315,"registerId":"sa-construction-industry-long-service-leave-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Construction Industry Long Service Leave Regulations 2018","content":"South Australia\nConstruction Industry Long Service Leave Regulations 2018\nunder the Construction Industry Long Service Leave Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tAllowable absence\n5\tCorresponding law\n6\tOrdinary weekly pay\n7\tRegistration as an employer\n8\tNotice of work as a supervisor\n9\tServices\n10\tReturn period\n11\tPenalty for late payment\n12\tSelf-employed contractors and working directors\nSchedule 1—Revocation of Construction Industry Long Service Leave Regulations 2003\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Construction Industry Long Service Leave Regulations 2018.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Construction Industry Long Service Leave Act 1987.\n4—Allowable absence\n\t(1)\tFor the purposes of the definition of allowable absence in section 4 of the Act, the absence of a worker from work by reason of any of the following is an allowable absence:\n\t(a)\ta public holiday;\n\t(b)\t—\n\t(i)\tpaid annual leave; or\n\t(ii)\tif the worker is paid an allowance instead of being entitled to paid annual leave—a period that is represented by the allowance (but, in this case, only up to 20 working days per year);\n\t(c)\t—\n\t(i)\tpaid sick leave; or\n\t(ii)\tif the worker is paid an allowance instead of being entitled to paid sick leave—an injury or illness to which the allowance may be related (but, in this case, only up to 10 working days per year);\n\t(d)\tlong service leave (whether under the Act or the Long Service Leave Act 1987);\n\t(e)\tany injury suffered during the course of employment.\n\t(2)\tIf a worker suffers a work injury (within the meaning of the Return to Work Act 2014) and is entitled to weekly payments in respect of the injury under the Return to Work Act 2014, the absence of the worker from work because of the injury is an allowable absence under subregulation (1)(e) but only until the worker has received weekly payments for a period of 104 weeks or for separate periods that when aggregated amount to 104 weeks.\n5—Corresponding law\nFor the purposes of the definition of corresponding law in section 4 of the Act, each of the following is a corresponding law:\n\t(a)\tLong Service Leave (Portable Schemes) Act 2009 of the Australian Capital Territory;\n\t(b)\tConstruction Industry Long Service Leave Act 1997 of Victoria;\n\t(c)\tConstruction Industry (Long Service) Act 1997 of Tasmania;\n\t(d)\tConstruction Industry Portable Paid Long Service Leave Act 1985 of Western Australia;\n\t(e)\tBuilding and Construction Industry Long Service Payments Act 1986 of New South Wales;\n\t(f)\tBuilding and Construction Industry (Portable Long Service Leave) Act 1991 of Queensland;\n\t(g)\tConstruction Industry Long Service Leave and Benefits Act of the Northern Territory.\n6—Ordinary weekly pay\nPursuant to section 4(3)(d) of the Act—\n\t(a)\tthe following payments made to or for the benefit of a construction worker must be included for the purposes of a determination or calculation under section 4(3):\n\t(i)\tany payment related to annual leave (other than a payment in the nature of an annual leave loading);\n\t(ii)\tany payment related to sick leave;\n\t(iii)\tany payment related to a day off work for a public holiday;\n\t(iv)\tany payment related to a rostered day off work;\n\t(v)\tany industry allowance or tool allowance;\n\t(vi)\tany weekly payments paid in respect of a work injury under the Return to Work Act 2014 (but not if the period, or the aggregate of separate periods, for which the compensation has already been paid exceeds 104 weeks); and\n\t(b)\tthe following payments made to or for the benefit of a construction worker must be excluded for the purposes of a determination or calculation under section 4(3):\n\t(i)\tany payment in the nature of an annual leave loading;\n\t(ii)\tany payment in respect of overtime;\n\t(iii)\tany payment in the nature of a bonus;\n\t(iv)\tany site allowance;\n\t(v)\tany payment made on the retirement or retrenchment of the worker, or in relation to any redundancy, other than for back-pay;\n\t(vi)\tany payment in respect of fares or in the nature of a travelling allowance;\n\t(vii)\tany payment that is in the nature of a special rate paid to the worker on an irregular basis to compensate for occasional disabilities under which work is performed, other than where the rate is paid during a period of leave with pay.\n7—Registration as an employer\n\t(1)\tA person who becomes an employer must register as an employer within 1 month of the date on which the person becomes an employer.\n\t(2)\tIn order to register as an employer, a person must post or deliver to the Board an application in writing that is signed by or on behalf of the applicant and which sets out the following:\n\t(a)\tthe name of the applicant, including—\n\t(i)\tif the employer is a partnership—the full name of each partner; or\n\t(ii)\tif the employer is a body corporate—the full name of each director;\n\t(b)\tany business name used by the employer;\n\t(c)\tthe postal address of the business;\n\t(d)\tin the case of a body corporate—the address of its registered office (if that address is different from the postal address);\n\t(e)\tthe address at which business records are kept (if that address is different from the postal address);\n\t(f)\tthe date on which wages were first paid in South Australia to a construction worker;\n\t(g)\tthe number of construction workers employed.\n\t(3)\tA person who fails to comply with this regulation is guilty of an offence.\nMaximum penalty: $1 000.\n8—Notice of work as a supervisor\n\t(1)\tIn order to give notice under section 18 of the Act, a person must post or deliver to the Board a notice in writing that sets out the following:\n\t(a)\tthe person's full name and address;\n\t(b)\tthe date on which the person ceased to work as a construction worker;\n\t(c)\tthe date on which the person commenced work as a supervisor in the construction industry, and the full name and address of the person's employer.\n\t(2)\tA notice under subregulation (1) must be verified by a statutory declaration made by the person giving the notice.\n9—Services\nFor the purposes of section 26(6) of the Act, but without derogating from the general meaning of remuneration—\n\t(a)\tthe following payments made to or for the benefit of a construction worker will be taken as constituting remuneration for the purposes of section 26 of the Act:\n\t(i)\tany payment related to annual leave (other than a payment in the nature of an annual leave loading);\n\t(ii)\tany payment related to sick leave;\n\t(iii)\tany payment related to a day off work for a public holiday;\n\t(iv)\tany payment related to a rostered day off work;\n\t(v)\tany industry allowance or tool allowance;\n\t(vi)\tany weekly payments paid in respect of a work injury under the Return to Work Act 2014 (but not if the period, or the aggregate of separate periods, for which the compensation has already been paid exceeds 104 weeks); and\n\t(b)\tthe following payments made to or for the benefit of a construction worker will not be taken as constituting remuneration for the purposes of section 26 of the Act:\n\t(i)\tany payment in the nature of an annual leave loading;\n\t(ii)\tany payment in respect of overtime;\n\t(iii)\tany payment in the nature of a bonus;\n\t(iv)\tany site allowance;\n\t(v)\tany payment made on the retirement or retrenchment of the worker, or in relation to any redundancy, other than for back-pay;\n\t(vi)\tany payment in respect of fares or in the nature of a travelling allowance;\n\t(vii)\tany payment that is in the nature of a special rate paid to the worker on an irregular basis to compensate for occasional disabilities under which work is performed, other than where the rate is paid during a period of leave with pay.\n10—Return period\nFor the purposes of section 27(1) of the Act, the following periods in each financial year are prescribed as return periods:\nJuly/August\nSeptember/October\nNovember/December\nJanuary/February\nMarch/April\nMay/June.\n11—Penalty for late payment\n\t(1)\tFor the purposes of section 29(1)(a) of the Act, the prescribed rate of interest is 20 per cent per annum.\n\t(2)\tFor the purposes of section 29(1)(b) of the Act, the prescribed amount is $75.\n12—Self-employed contractors and working directors\n\t(1)\tFor the purposes of section 37A(4)(b) of the Act, the following periods in respect of each financial year are prescribed:\nJuly/August\nSeptember/October\nNovember/December\nJanuary/February\nMarch/April\nMay/June.\n\t(2)\tFor the purposes of section 37A(4)(c)(I) of the Act, the prescribed number of days of effective service entitlement to be credited by the Board in respect of each period prescribed under subregulation (1) for which a payment is made under section 37A of the Act is the number of days of effective service entitlement that would be credited to the person under the Act for that period if the person was working full-time in the construction industry as a construction worker.\nSchedule 1—Revocation of Construction Industry Long Service Leave Regulations 2003\nThe Construction Industry Long Service Leave Regulations 2003 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n205\nGazette 30.8.2018 p3258 \n30.8.2018: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned an error due to what appears to be a website infrastructure change on 24 March 2026."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the substantive content of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"Based on the title, these regulations would set the detailed rules for long service leave in South Australia’s construction industry — defining how leave is accrued, who qualifies, how claims are made, and employer/authority obligations. \n\nThey affect construction workers and their employers by determining entitlements, claim procedures, and compliance requirements, so they matter for pay, time off and workplace record-keeping."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations revoke the 2003 Regulations (Schedule 1) and replace them with updated operational prescriptions under the 1987 Act. They do not amend the Act itself but alter the scope of administrative and definitional detail: what absences count, what payments are included or excluded for pay calculations, employer registration and notice requirements, reporting periods, penalty rates and contractor crediting (see regs 4, 6, 7, 10, 11, 12 and Schedule 1)."},"complexity_factors":["Cross-references to primary Act and other statutes (Construction Industry Long Service Leave Act 1987; Return to Work Act 2014) increase interpretive dependency (regs 3, 4(2), 6(a)(vi), 9(a)(vi)).","Detailed inclusions and exclusions for 'ordinary weekly pay' and 'remuneration' require item-by-item application to payroll and benefits (regs 6 and 9).","Administrative obligations for employers (registration, notices, statutory declarations) create compliance tasks and potential penalty exposure (regs 7 and 8).","Prescribed reporting/return periods and crediting rules for contractors set discrete filing windows and calculation intervals (regs 10 and 12(1)–(2)).","Fixed monetary sanctions and a high prescribed interest rate require precise accounting for late payments (reg 11: 20% p.a.; $75 prescribed amount).","Revocation of prior regulations means transition and interpretation issues between old and new operational rules (Schedule 1)."],"plain_english_summary":"These regulations set the operational details for the Construction Industry Long Service Leave Act 1987 in South Australia. They define which absences and types of pay count toward long-service leave, require employer registration and notices, prescribe reporting periods and interest/penalty amounts, and set how self-employed contractors are credited. Employers pay and report; the Board decides registration and service-crediting. The rules change calculation and compliance mechanics that affect construction employers, workers, supervisors and certain contractors."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain the original scope of operational detail-setting for the construction industry long service leave scheme. They replace the 2003 regulations without apparent expansion into new policy areas. The content remains focused on administrative mechanics (registration, reporting periods, calculations) as is typical for regulations under an enabling Act."},"complexity_factors":["Moderate cross-referencing to the parent Act (Construction Industry Long Service Leave Act 1987) — most regulations explicitly reference specific sections of the Act","Duplicated content between regulations 6 and 9 (identical lists of inclusions/exclusions for ordinary weekly pay and remuneration)","Nested conditions in regulation 4(2) — work injury absence is allowable only until 104 weeks of weekly payments received","Multiple sub-paragraphs and nested lists (i/ii levels within a/b/c/d levels)","Prescribed periods and monetary amounts scattered throughout (20% interest, $75 fee, $1,000 penalty, 104-week cap, 20-day/10-day annual limits)","Interaction with multiple external statutes (Return to Work Act 2014, Long Service Leave Act 1987, and seven corresponding laws from other jurisdictions)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how South Australia's construction industry long service leave scheme works. They fill in the details that the main Act (the Construction Industry Long Service Leave Act 1987) leaves out.\n\n**Key things covered:**\n\n- **What counts as time off that doesn't break your service** — things like public holidays, paid annual leave (up to 20 days if you get an allowance instead), sick leave (up to 10 days if allowance-based), long service leave itself, and work injuries. Work injury coverage stops after 104 weeks of weekly payments.\n\n- **Which other states' schemes match ours** — so workers can move between SA, ACT, Victoria, Tasmania, WA, NSW, Queensland and NT without losing their long service leave entitlements.\n\n- **How to calculate your \"ordinary weekly pay\"** — what payments count toward your leave (annual leave pay, sick leave, public holidays, rostered days off, industry/tool allowances, workers comp for first 104 weeks) and what doesn't (leave loading, overtime, bonuses, site allowances, redundancy payouts, travel allowances, special disability rates).\n\n- **Employer obligations** — employers must register within a month of hiring construction workers, giving the Board their business details and worker numbers. Late registration attracts a $1,000 fine.\n\n- **Supervisors** — construction workers who become supervisors must notify the Board with a statutory declaration (a formal sworn statement) to keep their entitlements.\n\n- **How often employers report and pay** — every two months (six return periods per financial year).\n\n- **Penalties for late payment** — 20% interest per annum plus a $75 fee.\n\n- **Self-employed contractors and working directors** — they also report every two months, and if they pay their levy, they get credited with the same days of service as a full-time worker would for that period.\n\n**Who it affects:**\nConstruction workers, their employers, and self-employed contractors in South Australia. Also the Board that administers the scheme.\n\n**Why it matters:**\nLong service leave is a significant entitlement — after 10 years in the industry, workers get paid leave. Because construction work is often project-based and workers move between employers, this \"portable\" scheme means your service follows you, not your boss. These regulations make sure everyone knows exactly what counts as service, what payments are included, and what the paperwork requirements are."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-long-service-leave-regulations-2018","history":"/api/acts/construction-industry-long-service-leave-regulations-2018/history","analysis":"/api/acts/construction-industry-long-service-leave-regulations-2018/analysis","conflicts":"/api/acts/construction-industry-long-service-leave-regulations-2018/conflicts","importantCases":"/api/acts/construction-industry-long-service-leave-regulations-2018/important-cases","documents":"/api/acts/construction-industry-long-service-leave-regulations-2018/documents"}}