{"id":"nsw:act-2010-123","name":"Long Service Corporation Act 2010","slug":"long-service-corporation-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"123 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30888,"registerId":"nsw-act-2010-123-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Long Service Corporation Act 2010](/view/html/inforce/current/act-2010-123).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 January 2011.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Corporation means the Long Service Corporation constituted by section 4.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > Fund means—\n> > \n> > > (a) the Building and Construction Industry Long Service Payments Fund referred to in section 12, and\n> > \n> > > (b) the Contract Cleaning Industry Long Service Leave Fund referred to in section 13, and\n> > \n> > > (c) the Community Services Sector Long Service Leave Fund referred to in section 13A.\n> > \n> > Secretary means the Secretary of the Department of Customer Service.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2015 No 58, Sch 3.58 \\[1\\]; 2018 No 25, Sch 5.25; 2022 No 59, Sch 3.41; 2024 No 39, Sch 4.3\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of Corporation","content":"# Part 2 Constitution and management of Corporation\n\nPart 2 Constitution and management of Corporation","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Corporation","content":"#### 4 Constitution of Corporation\n\n4 Constitution of Corporation\n\n> There is constituted by this Act a corporation with the corporate name of the Long Service Corporation.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Status of Corporation","content":"#### 5 Status of Corporation\n\n5 Status of Corporation\n\n> The Corporation is, for the purposes of any Act, a NSW Government agency.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Ministerial control","content":"#### 6 Ministerial control\n\n6 Ministerial control\n\n> The Corporation is subject to the control and direction of the Minister in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Secretary","content":"#### 7 Secretary\n\n7 Secretary\n\n> > (1) The Secretary is responsible for the day-to-day management of the affairs of the Corporation.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the Corporation by the Secretary is taken to have been done by the Corporation.\n> \n> **s 7:** Am 2015 No 58, Sch 3.58 \\[2\\].","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Staff","content":"#### 7A Staff\n\n7A Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Corporation to exercise its functions.\n> \n> Note.\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Corporation makes use of) may be referred to as officers or employees, or members of staff, of the Corporation. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Corporation from employing staff.\n> \n> **s 7A:** Ins 2015 No 58, Sch 3.58 \\[3\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Delegation of Corporation’s functions","content":"#### 8 Delegation of Corporation’s functions\n\n8 Delegation of Corporation’s functions\n\n> The Corporation may delegate the exercise of any of its functions (other than this power of delegation) to the following—\n> \n> > (a) a member of the staff of the Corporation,\n> \n> > (b) a person for the time being acting in a specified position in the staff establishment of the Corporation,\n> \n> > (c) any person of whose services the Corporation makes use under this or any other Act.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of the Corporation","content":"# Part 3 Functions of the Corporation\n\nPart 3 Functions of the Corporation","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Functions generally","content":"#### 9 Functions generally\n\n9 Functions generally\n\n> > (1) The Corporation has the functions conferred or imposed on it by or under—\n> > \n> > > (a) this Act, and\n> > \n> > > (b) the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019), and\n> > \n> > > (b1) the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039), and\n> > \n> > > (c) the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122), and\n> > \n> > > (d) any other Act.\n> \n> > (2) (Repealed)\n> \n> > (3) Without limiting subsection (1), the Corporation is to provide advice, and may make recommendations, to the Minister with respect to the payment of long service leave under any Act referred to in that subsection and otherwise in connection with the operation of those Acts.\n> \n> **s 9:** Am 2015 No 58, Sch 3.58 \\[4\\]; 2024 No 39, Sch 4.3\\[2\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"General powers of the Corporation","content":"#### 10 General powers of the Corporation\n\n10 General powers of the Corporation\n\n> > (1) The Corporation may, with the approval of the Minister, acquire by purchase or lease premises to be used for, or to be used partly for, the exercise of its functions.\n> \n> > (2) The Corporation may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material, in connection with the exercise by the Corporation of its functions.\n> \n> > (3) The Corporation may cause to be published, in such manner as it thinks fit, any information relating to its functions or activities under this or any other Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Borrowing powers of Corporation","content":"#### 11 Borrowing powers of Corporation\n\n11 Borrowing powers of Corporation\n\n> > (1) The Treasurer may, on the application of the Corporation and on such terms and conditions as the Treasurer thinks fit, lend money to the Corporation.\n> \n> > (2) The Corporation may, for the purpose of obtaining temporary financial accommodation, borrow by way of overdraft from any bank, building society or credit union but the total amount owing on all borrowings made under this subsection must not at any time exceed $500,000.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Finance","content":"# Part 4 Finance\n\nPart 4 Finance","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Building and Construction Industry Long Service Payments Fund","content":"#### 12 Building and Construction Industry Long Service Payments Fund\n\n12 Building and Construction Industry Long Service Payments Fund\n\n> > (1) The Corporation is to maintain, administer and control a fund called the Building and Construction Industry Long Service Payments Fund.\n> \n> > (2) There is to be paid into the Fund—\n> > \n> > > (a) the long service levies paid under the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019), and\n> > \n> > > (b) any money borrowed by the Corporation for the purposes of the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019), and\n> > \n> > > (c) the proceeds of any investment of the Fund, and\n> > \n> > > (d) any other amounts received by the Corporation in the course of its administration of the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019).\n> \n> > (3) There is to be paid from the Fund—\n> > \n> > > (a) the long service payments provided for by the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019), and\n> > \n> > > (b) the expenses incurred in the administration of this Act and the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019) and the management of the Fund, and\n> > \n> > > (c) any other payments authorised by the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019) to be made from the Fund.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Contract Cleaning Industry Long Service Leave Fund","content":"#### 13 Contract Cleaning Industry Long Service Leave Fund\n\n13 Contract Cleaning Industry Long Service Leave Fund\n\n> > (1) The Corporation is to establish, administer and control a fund to be called the Contract Cleaning Industry Long Service Leave Fund.\n> \n> > (2) There is to be paid into the Fund—\n> > \n> > > (a) the long service leave levies paid under the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122), and\n> > \n> > > (b) any money borrowed by the Corporation for the purposes of the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122), and\n> > \n> > > (c) the proceeds of any investment of the Fund, and\n> > \n> > > (d) any other amounts received by the Corporation in the course of its administration of the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122).\n> \n> > (3) There is to be paid from the Fund—\n> > \n> > > (a) the long service payments provided for by the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122), and\n> > \n> > > (b) the expenses incurred in the administration of this Act and the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122) and the management of the Fund, and\n> > \n> > > (c) any other payments authorised by the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122) to be made from the Fund.","sortOrder":17},{"sectionNumber":"13A","sectionType":"section","heading":"Community Services Sector Long Service Leave Fund","content":"#### 13A Community Services Sector Long Service Leave Fund\n\n13A Community Services Sector Long Service Leave Fund\n\n> > (1) The Corporation must establish, administer and control a fund called the Community Services Sector Long Service Leave Fund.\n> \n> > (2) The following must be paid into the Fund—\n> > \n> > > (a) the long service leave levies paid under the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039),\n> > \n> > > (b) money borrowed by the Corporation for the purposes of the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039),\n> > \n> > > (c) the proceeds of investment of the Fund,\n> > \n> > > (d) other amounts received by the Corporation in the administration of the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039).\n> \n> > (3) The following must be paid from the Fund—\n> > \n> > > (a) the long service leave payments provided for by the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039),\n> > \n> > > (b) the expenses incurred in the administration of this Act and the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039) and the management of the Fund,\n> > \n> > > (c) other payments authorised by the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039) to be made from the Fund.\n> \n> **s 13A:** Ins 2024 No 39, Sch 4.3\\[3\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Financial year of Corporation","content":"#### 14 Financial year of Corporation\n\n14 Financial year of Corporation\n\n> The financial year of the Corporation is the year commencing on 1 July.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Investment of money in Funds","content":"#### 15 Investment of money in Funds\n\n15 Investment of money in Funds\n\n> The Corporation may invest money in a Fund—\n> \n> > (a) if the Corporation is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Corporation is permitted to invest money under that Part, or\n> \n> > (b) if the Corporation is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 15:** Subst 2018 No 70, Sch 3.39.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Actuarial investigation of Funds","content":"#### 16 Actuarial investigation of Funds\n\n16 Actuarial investigation of Funds\n\n> > (1) The Corporation must investigate the adequacy of the Funds and the adequacy of the rate of any long service levy imposed under an Act referred to in section 9 (1) in accordance with this section.\n> \n> > (2) The investigations are to occur at such dates as may be determined by the Corporation but so that the interval between the dates of successive investigations does not exceed—\n> > \n> > > (a) 3 years—in the case of an investigation in relation to funds and rates under the [Building and Construction Industry Long Service Payments Act 1986](/view/html/inforce/current/act-1986-019), and\n> > \n> > > (b) 2 years—in the case of an investigation in relation to funds and rates under the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039) or the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122).\n> \n> > (3) An investigation under this section must be made by an actuary appointed by the Corporation.\n> \n> > (4) An actuary who makes an investigation under this section must report to the Corporation the result of the investigation and must state whether or not in his or her opinion any reduction or increase should be made in the rate of any long service levy.\n> \n> > (5) The actuary appointed to make an investigation referred to in this section must complete the investigation and report the result of the investigation to the Corporation as referred to in subsection (4) as soon as practicable after the date as at which the investigation was made.\n> \n> > (6) The Corporation must, as soon as practicable after it receives a report under subsection (5), forward the report to the Minister together with such comments on it as it considers appropriate.\n> \n> **s 16:** Am 2024 No 39, Sch 4.3\\[4\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"No duty payable in relation to agreements, vestings or transfers under Act","content":"#### 17 No duty payable in relation to agreements, vestings or transfers under Act\n\n17 No duty payable in relation to agreements, vestings or transfers under Act\n\n> Duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) is not chargeable for or in respect of—\n> \n> > (a) a vesting or transfer of land or other property effected under this Act or in accordance with arrangements entered into under this Act, or\n> \n> > (b) anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements.","sortOrder":22},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Seal of Corporation","content":"#### 18 Seal of Corporation\n\n18 Seal of Corporation\n\n> The seal of the Corporation is to be kept by the Secretary, or by a Public Service employee authorised in that behalf by the Secretary, and may be fixed to a document only—\n> \n> > (a) in the presence of the Secretary or that Public Service employee, and\n> \n> > (b) with an attestation by the signature of the Secretary or that Public Service employee of the fact of the fixing of the seal.\n> \n> **s 18:** Am 2015 No 58, Sch 3.58 \\[2\\] \\[5\\].","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n19 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Review of Act","content":"#### 20 Review of Act\n\n20 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":27},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":35}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2010 Act established the Corporation to administer only the building/construction and contract cleaning schemes. The 2024 amendment (section 13A and related changes) added a third fund for the community services sector, significantly expanding the Corporation's remit beyond its original two-industry scope. The machinery provisions were drafted with sufficient flexibility to accommodate this expansion without structural overhaul."},"complexity_factors":["Short statute with only 20 operative sections plus schedules","Minimal defined terms (only 5 in section 3: Corporation, exercise a function, function, Fund, Secretary)","Straightforward structure: preliminary provisions, constitution/management, functions, finance, miscellaneous","Some cross-referencing to three separate industry-specific Acts (1986, 2010, 2024) but these are clearly delineated by industry","Simple conditional logic in section 15 (investment powers depend on GSF agency status)","Recent amendments (2024) added third fund with parallel structure to existing funds — pattern is repetitive rather than complex","No nested exceptions or heavily conditional operative provisions"],"plain_english_summary":"This law creates and runs the **Long Service Corporation** — a NSW government body that manages portable long service leave schemes for workers in industries where people often change employers.\n\n**What it does:**\n- **Sets up the Corporation** as a government agency that operates three separate funds to pay long service leave to eligible workers\n- **Manages three industry funds:**\n  - Building and construction workers\n  - Contract cleaning workers  \n  - Community services sector workers (added in 2024)\n- **How it works:** Employers in these industries pay levies (like a tax) into the relevant fund. When workers accrue enough service time, they can claim long service leave payments from the fund — even if they've worked for multiple different employers in the industry.\n- **Financial oversight:** The Corporation must get regular actuarial reviews (financial health checks) to ensure each fund has enough money to pay future claims.\n\n**Who it affects:**\n- Workers in building/construction, contract cleaning, and community services who want portable long service leave entitlements\n- Employers in those industries who must pay levies\n- The NSW Government, which oversees the Corporation\n\n**Why it matters:** Without this system, workers who frequently change jobs (common in construction and cleaning) would lose their long service leave entitlements. This creates a portable scheme where entitlements travel with the worker across employers."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have retained its original purpose: establishing and governing the Long Service Corporation to administer portable long service leave entitlements in covered industries. The multiple amendments suggest refinements and updates rather than a fundamental shift in scope. Without access to the full legislative text, a definitive assessment cannot be made, but no scope drift is apparent from the information provided."},"complexity_factors":["The Act establishes a statutory corporation with governance, financial, and administrative obligations, which typically involves layered legal structures","Interaction with other legislation (e.g., long service leave acts, industrial relations law) creates cross-referencing complexity","The portable long service leave scheme involves tracking entitlements across multiple employers, requiring complex record-keeping and calculation rules","Multiple amendments over 15 years (7 versions) suggest evolving and potentially intricate obligations","However, the full text of the Act's provisions was NOT available in the supplied document — only metadata and navigation were provided, limiting full complexity assessment","The subject matter (long service leave administration) is relatively well-understood in Australian law, moderating complexity"],"plain_english_summary":"The Long Service Corporation Act 2010 (NSW) creates the Long Service Corporation to manage long service leave for workers in covered industries—principally building and construction—by pooling employer contributions, tracking service across multiple employers, and paying entitlements even when workers change jobs. \n\nIt affects workers who accumulate leave, employers who must register and contribute, and the Corporation itself; the Act has been amended several times and is in force as of 1 July 2025."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded since original enactment. The Corporation's functions now explicitly include the Community Services Sector (inserted fund and references at s 13A and s 9(1)(b1)). Other amendments alter staffing arrangements (s 7A), investment authorisations (s 15, tying investments to GSF agency status or Minister/Treasurer approval), and add specific actuarial review intervals for different funds (s 16). Schedule 1 preserves continuity from the former Corporation and its funds/staff."},"complexity_factors":["Multiple industry-specific funds with separate funding and payment rules (ss 12, 13, 13A).","Interlocking regime across several Acts creating cross-references and external dependencies (s 9(1)).","Actuarial review requirements with different maximum intervals by fund, requiring appointed actuaries and reporting (s 16).","Ministerial control over the Corporation while operational management rests with the Secretary, producing shared decision-making lines (ss 6, 7).","Investment regime contingent on GSF agency status or Minister/Treasurer approval, introducing conditional discretion (s 15).","Delegation and staffing arrangements that rely on Public Service employment rules and external service use (ss 7A, 8).","Borrowing powers include Treasurer-lent funds and a capped short-term overdraft, creating mixed financing channels (s 11).","Savings and transitional provisions preserving continuity from the former Corporation and existing funds/staff, affecting legal identity and asset continuity (Schedule 1 Parts 2–5)."],"plain_english_summary":"This Act sets up the Long Service Corporation to collect industry levies, hold and invest those funds, and pay portable long‑service leave entitlements for covered industries. It establishes separate funds for building and construction, contract cleaning and community services, and gives the Corporation powers to borrow, contract, delegate and advise the Minister. Employers in those industries pay levies; the Corporation (and its Secretary) administers payments and recommends levy rates based on actuarial investigations."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/long-service-corporation-act-2010","history":"/api/acts/long-service-corporation-act-2010/history","analysis":"/api/acts/long-service-corporation-act-2010/analysis","conflicts":"/api/acts/long-service-corporation-act-2010/conflicts","importantCases":"/api/acts/long-service-corporation-act-2010/important-cases","documents":"/api/acts/long-service-corporation-act-2010/documents"}}