{"id":"a-1976-27","name":"Long Service Leave Act 1976","slug":"long-service-leave-act-1976","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"27 of 1976","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23904,"registerId":"act-a-1976-27-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Long Service Leave Act 1976","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLong Service Leave Act 1976\nA1976-27\nRepublication No 29\nEffective: 19 November 2025\nRepublication date: 19 November 2025\nLast amendment made by A2025-30\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Long Service Leave Act 1976 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n19 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLong Service Leave Act 1976\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n2B Offences against Act—application of Criminal Code etc 3\nPart 2 Important concepts\n2C Commission recipients may be employees 4\n2D Benefits under this Act and LSL (BCI) Act 4\n2E Benefits under this Act and LSL (CCI) Act 4\n2EA Benefits under this Act and LSL (PS) Act 5\n2F Working out remuneration—employee also receives commission 5\n2G Periods of service 6\n3 Entitlement to long service leave 8\n4 Amount of long service leave 8\n\nContents\nPage\ncontents 2 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Grant of leave 8\n7 Payment for leave 9\n8 Manner of payment for leave 9\n9 Public holidays not to count as leave 10\n10 Service not affected by transmission of business 11\n10A Continuity of service in certain cases 11\n11 Service with associated companies 12\n11A Pay in lieu of long service leave 12\n11C Pro rata long service leave entitlement 13\n11D Calculation of ordinary remuneration 14\n12 Long service leave records 15\nPart 3 Administration and enforcement\n12A Definitions—pt 3 17\n13 Registrar of long service leave 17\n13A Appointment of authorised officers 18\n13B Identity cards 18\n13C Powers of authorised officer to enter premises 18\n13CA Production of identity card 19\n13CB Consent to entry 19\n13CC Power to obtain, inspect and copy information 20\n13CD Abrogation of privilege against self-incrimination 21\n13CE Warning to be given 22\n13D Complaints 22\n13E Notice to comply with Act 23\n13F Internal review by registrar 23\n13G Review by ACAT 24\n13J Liability 24\n13K Delegation by registrar 24\nPart 4 Miscellaneous\n14 No contracting out 25\n18 Regulation-making power 25\n\nContents\nPage\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 26\nEndnotes\n1 About the endnotes 29\n2 Abbreviation key 29\n3 Legislation history 30\n4 Amendment history 35\n5 Earlier republications 41\n\n\n\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLong Service Leave Act 1976\nAn Act relating to long service leave\n\nPart 1 Preliminary\nSection 1\npage 2 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Long Service Leave Act 1976.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘period of service—see section 2G.’\nmeans that the term ‘period of service’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 2B\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2B Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Important concepts\nSection 2C\npage 4 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Important concepts\n2C Commission recipients may be employees\nA person may be an employee for this Act even though the person is\npaid completely or partly by commission.\n2D Benefits under this Act and LSL (BCI) Act\n(1) This section applies to an employee who—\n(a) was registered under the LSL (BCI) Act; and\n(b) has elected under that Act to take long service benefits under\nthat Act for a period stated by the employee.\n(2) The employee’s election does not prevent the employee from\nreceiving benefits under this Act.\n(3) However, the employee is not entitled to a benefit under this Act for\na period for which the employee has received a benefit under the LSL\n(BCI) Act.\n(4) In this section:\nLSL (BCI) Act means the Long Service Leave (Building and\nConstruction Industry) Act 1981.\n2E Benefits under this Act and LSL (CCI) Act\n(1) This section applies to an employee who—\n(a) was registered under the LSL (CCI) Act; and\n(b) has elected under that Act to take long service benefits under\nthat Act for a period stated by the employee.\n(2) The employee’s election does not prevent the employee from\nreceiving benefits under this Act.\n\nImportant concepts Part 2\nSection 2EA\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, the employee is not entitled to a benefit under this Act for\na period for which the employee has received a benefit under the LSL\n(CCI) Act.\n(4) In this section:\nLSL (CCI) Act means the Long Service Leave (Contract Cleaning\nIndustry) Act 1999.\n2EA Benefits under this Act and LSL (PS) Act\n(1) This section applies to an employee who—\n(a) is registered under the LSL (PS) Act; and\n(b) has elected under that Act to take long service leave benefits\nunder that Act for a period stated by the employee.\n(2) The employee’s election does not prevent the employee from\nreceiving benefits under this Act.\n(3) However, the employee is not entitled to a benefit under this Act for\na period for which the employee received a benefit under the LSL\n(PS) Act.\n(4) In this section:\nLSL (PS) Act means the Long Service Leave (Portable Schemes)\nAct 2009.\n2F Working out remuneration—employee also receives\ncommission\n(1) To work out the ordinary remuneration of an employee who, during\na year, is paid completely by commission, or partly by salary or wages\nand partly by commission—\n(a) the employee is taken to be paid completely by salary or wages\nthroughout the year; and\n\nPart 2 Important concepts\nSection 2G\npage 6 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the amount payable for salary or wages to the employee in\nrelation to a week in the year is taken to be the following:\n(2) In this section:\ntotal payable, for a year, means the total amount payable to the\nemployee for the year as commission, salary or wages.\n2G Periods of service\n(1) In this Act:\nperiod of service, as an employee, means a period of continuous\nservice as the employee of a particular employer.\n(2) However, in working out an employee’s period of service, the\nfollowing interruptions of the period of service do not break the\ncontinuity of service:\n(a) an interruption caused by an industrial dispute if the employee\nreturns to the service of the employer in accordance with the\nterms of settlement of the dispute;\n(b) a period when an employee is stood down by his or her employer\nbecause of slackness of trade if the employee is re-employed by\nthe employer within 6 months after the day the employee is\nstood down;\n(c) a period, other than a period mentioned in the dictionary,\ndefinition of continuous service, paragraph (a) or (b), when the\nemployee is absent with the employer’s leave;52\npayabletotal\n\nImportant concepts Part 2\nSection 2G\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a period when the employee is absent because of injury arising\nout of or in the course of the employment;\n(e) any other interruption, including ending of service by the\nemployer (other than with the intention of avoiding the granting\nof long service leave), if the employee returns to the employer’s\nservice within 2 months after the day the service is interrupted;\n(f) service by the employee as a member of the Defence Force,\nother than as a member rendering continuous full-time service;\n(g) a period of service when the employee is temporarily outside the\nACT if the service would be continuous service if the employee\nwere inside the ACT.\n(3) Also, an interruption of an employee’s service of longer than\n2 months does not break the continuity of service if the interruption\nis caused by the seasonal nature of the work.\n(4) For subsection (2) (f), the service by the employee as a member of the\nDefence Force is taken to be service with the person by whom the\nemployee was employed immediately before the employee began to\nserve as a member of the Defence Force.\n(5) To remove any doubt, the period of the interruption under\nsubsection (2) or (3) (other than a period mentioned in\nsubsection (2) (f) or (g)) must not be taken into account in working\nout the total period of service.\nExample\nFiona starts work in the cosmetics department of Desmond James (‘DJ’s’),\na department store, on 1 January 1992. She works there until 31 December 1994,\nwhen she quits to take up a position with Gray’s Brothers, a competing department\nstore. She doesn’t like the new manager and returns to her old job at DJ’s on\n1 February 1995. On 1 June 1995 there is a strike which continues till\n30 September 1995, after which Fiona returns to work in accordance with the terms\nof settlement of the dispute. On 1 August 1999 Fiona injures herself at work and\nis unable to return to work until 1 December 1999. The cumulative absences of\n9 months do not count as service, postponing her entitlement, but do not break\ncontinuity of service. Her 10 years long service leave falls due on 1 October 2002.\n\nPart 2 Important concepts\nSection 3\npage 8 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Entitlement to long service leave\n(1) An employee who has completed 7 years service with a single\nemployer is entitled to long service leave for the period of the service.\n(2) An employee is entitled to long service leave for each year of\nservice completed by the employee after the end of the 7th year of\nservice.\n(3) An employee’s entitlement to long service leave for a period of\nservice arises at the end of the period.\n4 Amount of long service leave\nAn employee accrues long service leave at the rate of 1/5 of a month’s\nleave for each year of service.\n6 Grant of leave\n(1) An employer commits an offence if—\n(a) an employee of the employer becomes entitled to 4 weeks or\nmore of long service leave; and\n(b) the employer does not grant the leave—\n(i) as soon as practicable, having regard to the needs of the\nemployer’s business, after the employee becomes entitled\nto the leave; or\n(ii) if the employer and employee agree—at another time or\ntimes.\nMaximum penalty: 50 penalty units.\n(2) An employer commits an offence if the employer does not, at least\n60 days before the date from which long service leave is to be taken,\ngive the employee written notice of the date.\nMaximum penalty: 50 penalty units.\n(3) Subsection (2) does not apply if the employee agrees otherwise.\n\nImportant concepts Part 2\nSection 7\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) An offence against this section is a strict liability offence.\n7 Payment for leave\n(1) Payment for long service leave shall be made at the rate of an amount\nequivalent to the ordinary remuneration the employee would have\nreceived in respect of the period of leave if he or she had not taken\nthe leave.\n(2) In the case of an employee who is a part-time employee or casual\nemployee, the ordinary remuneration shall be calculated by\nmultiplying the average number of hours worked each week by the\nemployee during the period of 12 months immediately preceding the\nday on which the employee became entitled to the leave by the\nordinary remuneration of the employee on that day.\n(3) If, within the period of 2 years immediately before the date on which\nan employee becomes entitled to long service leave in respect of a\nperiod of service, the employee ceases to be employed full time and\nis employed part time or as a casual employee, the ordinary\nremuneration for long service leave shall be calculated by dividing by\n5 the total amount of salary or wages paid to the employee in the\nperiod of 5 years ending on his or her becoming so entitled.\n8 Manner of payment for leave\n(1) An employer commits an offence if the employer does not pay an\nemployee for long service leave—\n(a) in advance for the whole period of the long service leave; or\n(b) at the same times as the employer would have paid the employee\nif the employee had not taken the leave and, if the employee asks\nfor it, by cheque posted to an address the employee nominates;\nor\n(c) if the employer and the employee agree—in another way.\nMaximum penalty: 50 penalty units.\n\nPart 2 Important concepts\nSection 9\npage 10 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An offence against this section is a strict liability offence.\n(3) If, after payment in respect of long service leave is made in\naccordance with subsection (1), the amount of ordinary remuneration\npayable under an award or agreement to the employee increases,\npayment of that increase shall—\n(a) if payment was made under subsection (1) (a)—be made to the\nemployee as soon as practicable on completion of that leave; or\n(b) if payment was made under subsection (1) (b)—be made to the\nemployee in accordance with that paragraph; or\n(c) if payment was made under subsection (1) (c)—be made in such\nmanner as is agreed by the employer and the employee, or in the\nabsence of such agreement, as soon as practicable on completion\nof that leave.\n9 Public holidays not to count as leave\n(1) This section applies if a public holiday or an award holiday falls\nduring a period of long service leave taken by an employee.\n(2) The period of long service leave is increased by 1 day for each such\nholiday.\n(3) In this section:\naward holiday means a day that is, under an award or agreement,\na holiday for people employed in an industry.\n\nImportant concepts Part 2\nSection 10\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Service not affected by transmission of business\nWhere, before or after the date of commencement of this Act,\na business is transmitted from 1 employer to another and a person\nwho was, immediately before the transmission, an employee of the\nfirst employer becomes, immediately after the transmission, an\nemployee of the second employer—\n(a) the period of service of the employee shall be deemed not to\nhave been interrupted; and\n(b) the period of service of the employee with the first employer\nshall be deemed to be service with the second employer.\n10A Continuity of service in certain cases\n(1) Where—\n(a) a contract for the supply of services by 1 party to the contract\n(the first contractor) on behalf of the other party to the contract\n(the principal) has been discharged; and\n(b) the principal enters into another contract with a person other\nthan the first contractor for the supply of those services on its\nbehalf by that other person (the second contractor); and\n(c) that other contract imposes an obligation on the second\ncontractor to the effect that, so far as practicable, the second\ncontractor shall employ, in supplying those services, persons\nwhose employment with the first contractor ceased because of\nthe discharge of the firstmentioned contract; and\n(d) under that obligation the second contractor employs such a\nformer employee of the first contractor; and\nthis section applies to that former employee.\n\nPart 2 Important concepts\nSection 11\npage 12 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Where this section applies to a person, the aggregate of the periods of\nservice by the person for the first contractor and the second contractor\nshall, for this Act, be taken to be 1 period of service for the second\ncontractor.\n11 Service with associated companies\nWhere, over a continuous period, an employee has been employed by\n2 or more companies each of which is an associated company, the\nemployee is entitled to long service leave as if he or she had, during\nthe whole of the period of service, been employed by the company by\nwhich he or she is employed at the date at which his or her long\nservice leave accrues.\n11A Pay in lieu of long service leave\n(1) For this section, the long service leave credit of a person is the amount\nof long service leave that has accrued to the person less the amount\nof long service leave granted to the person.\n(2) Where—\n(a) a person’s employment ceases for any reason; and\n(b) the person had a long service leave credit immediately before\nthe employment ceased;\nthe employer shall pay the amount ascertained in accordance with\nsubsection (3)—\n(c) to the person; or\n(d) if the person is dead—to the legal personal representative of the\ndeceased person.\n(3) The amount payable is an amount that is equal to the amount of\nordinary remuneration that, but for the cessation of employment,\nwould have been payable by the employer under section 7 to the\nperson for a period of service equal to the period of the person’s long\nservice leave credit immediately before the cessation of employment.\n\nImportant concepts Part 2\nSection 11C\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) An employer commits an offence if the employer—\n(a) is required to pay an amount under subsection (2); and\n(b) does not pay the amount within 90 days after the day the\nperson’s employment ceases.\nMaximum penalty: 50 penalty units.\n(5) An offence against this section is a strict liability offence.\n11C Pro rata long service leave entitlement\n(1) Where—\n(a) a person’s employment is terminated—\n(i) by the person because of illness or incapacity or a domestic\nor other pressing necessity of such a nature to justify the\ntermination; or\n(ii) by the person upon or after attaining the minimum retiring\nage; or\n(iii) by the death of the person; or\n(iv) by the employer for a reason other than the person’s serious\nand wilful misconduct; and\n(b) the person had completed a period of service in that employment\nof at least 5 years but less than 7 years;\nthe employer shall pay the amount ascertained in accordance with\nsubsection (2)—\n(c) to the person; or\n(d) if the person is dead—to the legal personal representative of the\ndeceased person.\n\nPart 2 Important concepts\nSection 11D\npage 14 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The amount payable is an amount that is equal to the amount of\nordinary remuneration that, but for the cessation of employment,\nwould have been payable by the employer to the person for a period\nof service equal to the period that bears to 2 months the same\nproportion as the number of years or months of service completed by\nthe person bears to 10 years.\n(3) In this section:\nminimum retiring age, in relation to a person, means—\n(a) if a minimum retiring age applies to the person under an award\nor agreement—the age fixed by the award or agreement; and\n(b) in any other case—the age of 65 years.\n11D Calculation of ordinary remuneration\nFor section 11A or 11C, the amount of ordinary remuneration that,\nbut for the cessation of employment by a person, would have been\npayable by the employer to the person for a period of service referred\nto in that section shall be calculated—\n(a) at the rate at which ordinary remuneration was payable to the\nperson immediately before the cessation of employment; and\n(b) if the person was a part-time employee or casual employee\nimmediately before the cessation of employment—on the basis\nthat during that period of service the person would have been\nemployed for the number of hours per week that is equal to the\naverage number of hours per week for which the employee was\nemployed during the period of 12 months immediately before\nthe cessation of employment.\n\nImportant concepts Part 2\nSection 12\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Long service leave records\n(1) An employer commits an offence if the employer does not, for each\nemployee, keep a record of—\n(a) the name, occupation and classification of the employee; and\n(b) whether the employee is full-time, part-time or casual; and\n(c) the employee’s ordinary remuneration, including the base rate\nof pay and any loading payable to the employee, and the purpose\nof the loading; and\n(d) the number of hours the employee works each week; and\n(e) the date when the employee starts as an employee; and\n(f) any annual leave the employee takes; and\n(g) the employee’s entitlement to long service leave; and\n(h) long service leave granted, or payment instead of leave made, to\nthe employee; and\n(i) if the person ceases to be employed by the employer—the date\nwhen, and reason, the employee ceases to be employed; and\n(j) the employee’s date of birth; and\n(k) if overtime may be paid to the employee under an award or\nagreement—\n(i) the number of hours the employee works each day; and\n(ii) when the employee starts and stops work; and\n(l) the name of each award or agreement under which the employee\nhas entitlements.\nMaximum penalty: 20 penalty units.\n\nPart 2 Important concepts\nSection 12\npage 16 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An employer must keep a record made under subsection (1) for an\nemployee—\n(a) if the employee’s service ends on the employee’s death—for\n7 years after the day all amounts owing to the employee’s legal\npersonal representative are paid; and\n(b) in any other case—for 7 years after the day the employee’s\nservice ends.\nMaximum penalty: 20 penalty units.\n(3) An employer commits an offence if—\n(a) an authorised officer asks to inspect a record kept for this\nsection; and\n(b) the employer does not make the record available for inspection\nby the authorised officer at the employer’s usual place of\nbusiness during hours when the employer’s business is normally\nconducted at the place.\nMaximum penalty: 50 penalty units.\n(4) An offence against this section is a strict liability offence.\n\nAdministration and enforcement Part 3\nSection 12A\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Administration and enforcement\n12A Definitions—pt 3\nIn this part:\nat premises includes in or on the premises.\noccupier, of premises, includes—\n(a) a person an authorised officer believes on reasonable grounds to\nbe the occupier of the premises; and\n(b) a person apparently in charge of the premises.\npremises includes any land, structure or vehicle and any part of land,\na structure or a vehicle.\n13 Registrar of long service leave\n(1) The director-general must appoint a public servant as the registrar of\nlong service leave.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) The registrar of long service leave has—\n(a) the functions directed by the Minister; and\n(b) any other function given to the registrar under this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nPart 3 Administration and enforcement\nSection 13A\npage 18 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13A Appointment of authorised officers\nThe director-general may appoint a public servant to be an authorised\nofficer for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n13B Identity cards\n(1) The director-general must give an authorised officer an identity card\nstating the person’s name and position.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised officer; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable but no later than 7 days\nafter the day the person stops being an authorised officer.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n13C Powers of authorised officer to enter premises\n(1) For this Act, an authorised officer may—\n(a) at any reasonable time, enter premises that the authorised officer\nbelieves on reasonable grounds are a workplace; or\n(b) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(c) at any time, enter premises with the occupier’s consent.\n\nAdministration and enforcement Part 3\nSection 13CA\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, subsection (1) (a) and (b) does not authorise entry into a\npart of the premises that is being used only for residential purposes.\n(3) For the purpose of seeking consent to enter a building or other\nstructure on the premises, an authorised officer may, without the\noccupier’s consent, enter any land that forms part of the premises.\n(4) To remove any doubt, an authorised officer may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised officer may enter the premises with 1 or more people\nwho, in the opinion of the authorised officer, have knowledge or skills\nthat could assist the authorised officer to carry out their functions.\n13CA Production of identity card\nAn authorised officer must not remain at premises entered under this\npart if the officer does not produce their identity card when asked by\nthe occupier.\n13CB Consent to entry\n(1) When seeking consent to entry under section 13C (1) (c) (Powers of\nauthorised officer to enter premises), an authorised officer must—\n(a) produce the officer’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found under this part may be used as\nevidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised officer must ask the occupier\nto sign a written acknowledgment of consent stating—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n\nPart 3 Administration and enforcement\nSection 13CC\npage 20 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) that anything found under this part may be used as\nevidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) the time and date consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nofficer must immediately give a copy to the occupier.\n(4) A court must find that an occupier did not consent if—\n(a) a question arises in a proceeding before the court about whether\nthe occupier consented to the authorised officer entering the\npremises under this part; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n13CC Power to obtain, inspect and copy information\n(1) An authorised officer may, in writing, direct a person to give the\nofficer information, a document or other thing within a stated\nreasonable period if the information, document or thing is reasonably\nrequired by the officer for this Act.\n(2) An authorised officer who enters premises under this part may do 1 or\nmore of the following in relation to the premises or anyone at the\npremises:\n(a) examine anything;\n(b) take images, make audio or video recordings or any other kind\nof record;\n\nAdministration and enforcement Part 3\nSection 13CD\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if reasonably required by the authorised officer to exercise a\npower under this part, direct the occupier or anyone at the\npremises to do 1 or more of the following:\n(i) give information, a document or other thing (including\ninformation, a document or a thing not at the premises);\n(ii) produce a document or other thing (including a document\nor other thing not at the premises);\n(iii) answer a question;\n(iv) give the authorised officer reasonable help to exercise a\npower under this part.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(3) A person must take all reasonable steps to comply with a direction\ngiven under subsection (1) or (2) (c).\nMaximum penalty: 50 penalty units.\n13CD Abrogation of privilege against self-incrimination\n(1) If an authorised officer directs a person to answer a question or to\ngive information, a document or other thing under this part, the person\nis not excused from complying with the direction on the ground that\ndoing so may—\n(a) tend to incriminate the person; or\n(b) expose the person to civil penalty.\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the person’s compliance with the direction is\nnot admissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for an offence arising out of the\nfalse or misleading nature of the information, document or thing.\n\nPart 3 Administration and enforcement\nSection 13CE\npage 22 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13CE Warning to be given\n(1) Before directing a person under section 13CC, an authorised officer\nmust warn the person about the effect of—\n(a) section 13CC (3); and\n(b) section 13CD.\n(2) It is not an offence for an individual to fail to comply with a direction\non the ground that the question, information or document might tend\nto incriminate the individual, unless the individual was first given the\nwarning in subsection (1) (b).\n13D Complaints\n(1) Where a written complaint is made to the registrar by an employee,\nthe registrar shall refer the complaint to an authorised officer.\n(2) Where a complaint made by an employee—\n(a) is made to an authorised officer; or\n(b) is referred to an authorised officer under subsection (1);\nthe authorised officer may, by notice in writing, require the\ncomplainant and the employer to whom the complaint relates, to\nattend a conference at a place, date and time specified in the notice to\nendeavour to resolve the complaint.\n(3) A conference shall be conducted in such a manner as the authorised\nofficer thinks fit.\n(4) Except with the consent of the authorised officer—\n(a) an individual is not entitled to be represented at a conference by\nanother person; and\n(b) a body of persons (whether incorporated or unincorporated) is\nnot entitled to be represented at a conference by a person other\nthan a member, officer or employee of the body.\n\nAdministration and enforcement Part 3\nSection 13E\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\ncomplaint means a complaint by an employee concerning his or her\nentitlements under this Act.\n13E Notice to comply with Act\n(1) An authorised officer may, by written notice, require an employer to\ncomply with this Act within 28 days after the day the employer\nreceives the notice.\n(2) A person must comply with a requirement made of the person by an\nauthorised officer under subsection (1).\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n13F Internal review by registrar\n(1) An employer may apply to the registrar for review of a requirement\nmade of the employer under section 13E.\n(2) The application must—\n(a) be in writing; and\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(3) The registrar must—\n(a) confirm the requirement; or\n(b) vary the requirement; or\n(c) set aside the requirement.\n(4) If the registrar makes a decision under subsection (3), the registrar\nmust give an internal review notice only to the applicant.\nNote The requirements for internal review notices are prescribed under the\nACT Civil and Administrative Tribunal Act 2008.\n\nPart 3 Administration and enforcement\nSection 13G\npage 24 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\n13G Review by ACAT\n(1) This section applies if the registrar makes a decision under\nsection 13F (3) in relation to an employer.\n(2) The registrar must give a reviewable decision notice only to the\nemployer.\nNote The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n(3) The employer may apply to the ACAT for review of the decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n13J Liability\nAn action or other proceeding does not lie against the registrar or an\nauthorised officer in relation to an honest act or omission in the\nexercise of his or her functions under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n13K Delegation by registrar\nThe registrar may delegate to a person the registrar’s functions under\nthis Act, other than the registrar’s powers under section 13F (Review\nof directions by registrar).\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nMiscellaneous Part 4\nSection 14\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n14 No contracting out\n(1) Subject to subsection (2), this Act has effect notwithstanding any\naward or agreement to the contrary.\n(2) Nothing in this Act affects the operation of an award or agreement to\nthe extent that the award or agreement confers upon an employee\nrights that are more advantageous to the employee than the rights\nconferred upon the employee by this Act.\n18 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act 2001.\n\nDictionary\npage 26 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• director-general (see s 163)\n• function\n• month\n• notifiable instrument (see s 10)\n• public employee\n• public holiday\n• public servant\n• reviewable decision notice.\nagreement means an enterprise agreement made under the Fair Work\nAct 2009 (Cwlth).\napproved training contract—see the Training and Tertiary\nEducation Act 2003, dictionary.\nassociated company means a company that is a subsidiary, holding\ncompany or related body corporate under the Corporations Act,\nsection 9.\nat premises, for part 3 (Administration and enforcement)—see\nsection 12A.\nauthorised officer means a person who is an authorised officer under\nsection 13A.\naward means a modern award or workplace determination made\nunder the Fair Work Act 2009 (Cwlth).\n\nDictionary\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncasual employee means a person who is, from time to time offered\nregular and systematic employment on the basis that the offer of\nemployment might be accepted or rejected and in circumstances\nwhere it could be expected by that person that further employment of\nthe same type would or might be offered and accepted, but in respect\nof which there is no certainty about the period over which it would\ncontinue to be offered.\ncontinuous service, in relation to an employee, includes—\n(a) a period of annual leave or long service leave; and\n(b) a period of leave, not exceeding 2 weeks in any 1 year, taken\nbecause of illness or injury; and\n(c) a period during which the service of the employee is interrupted\nor ended by his or her employer with the intention of avoiding\nthe granting of long service leave; and\n(d) for an employee who begins service with an employer within\n1 year after the day the employee’s apprenticeship, or an\napproved training contract, with the employer ends—the period\nof the apprenticeship or approved training contract.\nemployee—\n(a) includes—\n(i) a person who is remunerated at piecework rates; and\n(ii) a part-time employee; and\n(iii) a casual employee; but\n(b) does not include—\n(i) a public employee; or\n(ii) a person employed by a member of the Legislative\nAssembly under the Legislative Assembly (Members’ Staff)\nAct 1989, section 10.\n\nDictionary\npage 28 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\noccupier, of premises, for part 3 (Administration and enforcement)—\nsee section 12A.\nordinary remuneration, in relation to an employee, means the sum\nof—\n(a) the salary or wages payable to the employee; and\n(b) any allowances payable to the employee in respect of skill,\nqualifications, board and lodging; and\n(c) any amounts payable to the employee under a bonus,\nperformance pay or incentive scheme, being amounts that are\nusually paid to the employee with his or her salary or wages; and\n(d) where the employee is provided with board and lodging by his\nor her employer, an amount equal to the value of that board and\nlodging.\nperiod of service—see section 2G (Periods of service).\npremises, for part 3 (Administration and enforcement)—see\nsection 12A.\nsalary or wages does not include—\n(a) payments in respect of overtime; or\n(b) payments at penalty rates of pay; or\n(c) allowances which, under an award or agreement, are not to be\ntaken into account in determining a rate of remuneration in\nrespect of overtime.\n\nEndnotes\nAbout the endnotes 1\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 30 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Long Service Leave\nOrdinance 1976 A1976-27 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nLong Service Leave Act 1976 A1976-27\nnotified 16 June 1976\ncommenced 16 June 1976\nas amended by\nLong Service Leave (Amendment) Ordinance 1978 Ord1978-20\nnotified 8 August 1978\ncommenced 8 August 1978\nLong Service Leave (Amendment) Ordinance 1981 Ord1981-24\nnotified 10 September 1981\ncommenced 10 September 1981\nOrdinances Revision (Companies Amendments) Ordinance 1982\nOrd1982-38 sch 4\nnotified 30 June 1982\ncommenced 1 July 1982 (s 2)\nLong Service Leave (Amendment) Ordinance 1987 Ord1987-73\nnotified 22 December 1987\ncommenced 1 January 1988 (s 2)\n\nEndnotes\nLegislation history 3\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nStatute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1\nsch 1\nnotified 1 March 1993 (Gaz 1993 No S23)\nsch 1 commenced 1 March 1993\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and see Gaz 1994 No\nS269)\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97\nsch pt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\nsch commenced 18 December 1995 (s 2)\nLong Service Leave (Amendment) Act 1997 A1997-68\nnotified 9 October 1997 (Gaz 1997 No S300)\nss 1-3 commenced 9 October 1997 (s 2 (1))\nremainder commenced 17 December 1997 (s 2 (2) and Gaz 1997\nNo S416)\nLong Service Leave (Cleaning, Building and Property Services)\nAct 1999 A1999-85 s 69\nnotified 23 December 1999 (Gaz 1999 No S65)\npt 1, pt 2 commenced 23 December 1999 (s 2 (1))\ns 69 commenced 23 June 2000 (s 2 (3))\n\nEndnotes\n3 Legislation history\npage 32 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 229\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 229 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) 2001 A2001-56 sch 3 pt 3.35\nnotified 5 September 2001 (Gaz 2001 No S65)\nsch 3 pt 3.35 commenced 5 September 2001 (s 2 (1))\nVocational Education and Training Act 2003 A2003-37 sch 2 pt 2.5\nnotified LR 8 September 2003\ns 1, s 2 commenced 8 September 2003 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 November 2003 (s 2)\nLong Service Leave Legislation Amendment Act 2003 A2003-45 pt 2\nnotified LR 2 October 2003\ns 1, s 2 commenced 2 October 2003 (LA s 75 (1))\npt 2 commenced 3 October 2003 (s 2)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.52\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.52 commenced 9 April 2004 (s 2 (1))\nLong Service Leave Amendment Act 2005 A2005-22\nnotified LR 12 May 2005\ns 1, s 2 commenced 12 May 2005 (LA s 75 (1))\nss 3-12, sch 1 commenced 13 May 2005 (s 2 and CN2005-5)\nremainder commenced 20 May 2005 (s 2 and CN2005-7)\nOccupational Health and Safety Legislation Amendment Act 2005\nA2005-38 s 5\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\ns 5 commenced 31 August 2005 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.63\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.63 commenced 12 April 2007 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTraining and Tertiary Education Legislation Amendment Act 2007\nA2007-12 sch 1 pt 1.9\nnotified LR 13 June 2007\ns 1, s 2 commenced 13 June 2007 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 July 2007 (s 2 and CN2007-3)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.71\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.71 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nLong Service Leave Legislation Amendment Act 2008 A2008-43 pt 2\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\npt 2 commenced 10 September 2008 (s 2)\nLong Service Leave (Portable Schemes) Act 2009 A2009-25 sch 4\npt 4.2\nnotified LR 8 September 2009\ns 1, s 2 commenced 8 September 2009 (LA s 75 (1))\nsch 4 pt 4.2 commenced 1 January 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.96\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.96 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.25\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.25 commenced 21 September 2011 (s 2 (1))\nPublic Sector Management Amendment Act 2019 A2019-36 sch 1\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\nsch 1 commenced 11 October 2019 (s 2)\n\nEndnotes\n3 Legislation history\npage 34 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.12\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.12 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.19\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.19 commenced 14 May 2020 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.32\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.32 commenced 23 June 2021 (s 2 (1))\nWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 3,\nsch 1 pt 1.2\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 3, sch 1 pt 1.2 commenced 19 November 2025 (s 2 (3))\n\nEndnotes\nAmendment history 4\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nPreliminary\npt 1 hdg ins A2005-22 s 4\nName of Act\ns 1 sub A2005-22 s 4\nDictionary\ns 2 am Ord1981-24 s 2; Ord1987-73 s 4; A1997-68 s 4; A1999-85\ns 69; ss renum R6 LA\ndefs reloc to dict A2005-22 s 6\ns 2 remainder om A2005-22 s 7\npres s 2 ins A2005-22 s 7\ndef approved training agreement ins A1997-68 s 4\nom A2003-37 amdt 2.10\ndef associated company am Ord1982-38 sch 4; A1995-46\nsch; A1997-68 s 4\nom A2005-22 s 5\ndef award holiday om A2005-22 s 5\ndef continuous service am A1997-68 s 4; A2003-37\namdt 2.12\nom A2005-22 s 5\ndef minimum retiring age am Ord1987-73 s 4\nom A2005-22 s 5\ndef training agreement ins A1997-68 s 4\nom A2003-37 amdt 2.14\nNotes\ns 2A ins A2005-22 s 7\nOffences against Act—application of Criminal Code etc\ns 2B ins A2005-22 amdt 1.1\nImportant concepts\npt 2 hdg ins A2005-22 s 7\nCommission recipients may be employees\ns 2C ins A2005-22 s 7\nBenefits under this Act and LSL (BCI) Act\ns 2D ins A2005-22 s 7\nam A2008-43 s 4; A2009-25 amdt 4.3\nBenefits under this Act and LSL (CCI) Act\ns 2E ins A2005-22 s 7\nam A2008-43 s 5; A2009-25 amdt 4.4\nBenefits under this Act and LSL (PS) Act\ns 2EA ins A2009-25 amdt 4.5\n\nEndnotes\n4 Amendment history\npage 36 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWorking out remuneration—employee also receives commission\ns 2F ins A2005-22 s 7\nPeriods of service\ns 2G ins A2005-22 s 7\nam A2005-38 s 5\nEntitlement to long service leave\ns 3 sub Ord1987-73 s 5\nam A1997-68 s 5\nsub A2005-22 s 8\nam A2008-43 s 6\nAmount of long service leave\ns 4 sub Ord1987-73 s 5; A2005-22 s 8\nEntitlement to payment in lieu of payment\ns 5 am Ord1978-20\nom Ord1987-73 s 5\nGrant of leave\ns 6 am Ord1978-20; A1994-81 sch; A1997-68 s 6\nsub A2005-22 amdt 1.2\nam A2008-43 s 7, s 8; A2020-11 amdt 1.47; A2020-14\namdt 1.97\n(3A)-(3C) exp 30 September 2022 (s 6 (3C))\nPayment for leave\ns 7 am A1997-68 s 7\nManner of payment for leave\ns 8 am Ord1978-20; A1994-81 sch; A1997-68 s 8; ss renum\nR6 LA; A2005-22 amdt 1.3; ss renum R10 LA (see A2005-22\namdt 1.4); A2025-30 s 5\nPublic holidays not to count as leave\ns 9 sub A2003-45 s 4\nam A2011-28 amdt 3.165\nContinuity of service in certain cases\ns 10A ins Ord1987-73 s 6\nPay in lieu of long service leave\ns 11A ins Ord1987-73 s 7\nam A1997-68 s 9; A2008-43 s 9; A2025-30 s 6\nPay for ineligible service after 7 years\ns 11B hdg sub A2005-22 s 9\ns 11B ins Ord1987-73 s 7\nam A1997-68 s 10\nom A2008-43 s 10\n\nEndnotes\nAmendment history 4\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPro rata long service leave entitlement\ns 11C ins Ord1987-73 s 7\nam A1997-68 s 11; A2003-45 s 5; A2005-22 s 10; A2011-28\namdt 3.166\nCalculation of ordinary remuneration\ns 11D ins Ord1987-73 s 7\nam A1997-68 s 12\nLong service leave records\ns 12 am Ord1978-20; A1994-81 sch; A1997-68 s 13; pars renum\nR6 LA\nsub A2005-22 amdt 1.5\nAdministration and enforcement\npt 3 hdg ins A2005-22 s 11\nDefinitions—pt 3\ns 12A ins A2025-30 s 7\ndef at ins A2025-30 s 7\ndef occupier ins A2025-30 s 7\ndef premises ins A2025-30 s 7\nRegistrar of long service leave\ns 13 sub A1994-97 sch pt 1; A1997-68 s 13\nam A2001-44 amdt 1.2680, amdt 1.2681\nsub A2005-22 s 11\n(3)-(5) exp 13 May 2006 (s 13 (5))\nam A2011-22 amdt 1.296; A2025-30 amdt 1.2\nAppointment of authorised officers\ns 13A ins A1997-68 s 14\nsub A2005-22 s 11\n(2)-(4) exp 13 May 2006 (s 13A (4))\nam A2011-22 amdt 1.296; A2025-30 amdt 1.2\nIdentity cards\ns 13B ins A1997-68 s 14\nsub A2005-22 amdt 1.6\n(5)-(7) exp 13 May 2005 (s 13B (7))\nam A2011-22 amdt 1.296\nPowers of authorised officer to enter premises\ns 13C ins A1997-68 s 14\nsub A2025-30 s 8\nProduction of identity card\ns 13CA ins A2025-30 s 8\nConsent to entry\ns 13CB ins A2025-30 s 8\n\nEndnotes\n4 Amendment history\npage 38 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPower to obtain, inspect and copy information\ns 13CC ins A2025-30 s 8\nAbrogation of privilege against self-incrimination\ns 13CD ins A2025-30 s 8\nWarning to be given\ns 13CE ins A2025-30 s 8\nComplaints\ns 13D ins A1997-68 s 14\nam A2001-44 amdts 1.2682-1.2685; A2007-3 amdt 3.350;\nA2021-12 amdt 3.77\nNotice to comply with Act\ns 13E ins A1997-68 s 14\nsub A2005-22 amdt 1.7\nInternal review by registrar\ns 13F ins A1997-68 s 14\nsub A2008-37 amdt 1.308\nam A2021-12 amdt 3.77\nReview by ACAT\ns 13G ins A1997-68 s 14\nsub A2008-37 amdt 1.308\nFailing to comply with requirement of authorised officer\ns 13H hdg sub A2004-15 amdt 2.113\ns 13H ins A1997-68 s 14\nam A2004-15 amdt 2.114, amdt 2.115\nom A2005-22 amdt 1.8\nLiability\ns 13J ins A1997-68 s 14\nam A2001-44 amdt 1.2686, amdt 1.2687\nsub A2007-3 amdt 3.351\nDelegation by registrar\ns 13K ins A1997-68 s 14\nsub A2007-3 amdt 3.352\nMiscellaneous\npt 4 hdg ins A2005-22 s 12\nOffence\ns 15 om Ord1978-20\nApplication of Act\ns 16 am A2005-22 s 13\nexp 20 May 2005 (s 16 (5))\n\nEndnotes\nAmendment history 4\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApproved forms\ns 17 om A1993-1 sch 1\nins A2001-44 amdt 1.2688\nam A2007-3 amdt 3.353; A2011-28 amdt 3.167\nom A2021-12 amdt 3.78\nRegulation-making power\ns 18 am Ord1989-38 sch 1\nsub A1997-68 s 15; A2001-44 amdt 1.2688\nTransitional—Fair Work Act (Cwlth)\ns 19 ins A2011-28 amdt 3.168\nexp 21 September 2012 (s 19 (3))\nDictionary\ndict ins A2005-22 s 14\nam A2008-37 amdt 1.309; A2011-22 amdt 1.297; A2011-28\namdt 3.169; A2019-36 amdt 1.1\ndef agreement am A1997-68 s 4\nreloc from s 2 A2005-22 s 6\nsub A2011-28 amdt 3.170\ndef approved training contract ins A2003-37 amdt 2.11\nreloc from s 2 A2005-22 s 6\nam A2007-12 amdt 1.14\ndef associated company ins A2005-22 s 14\ndef at ins A2025-30 s 9\ndef authorised officer ins A1997-68 s 4\nreloc from s 2 A2005-22 s 6\ndef award am A1997-68 s 4\nsub A2001-56 amdt 3.445\nreloc from s 2 A2005-22 s 6\nsub A2011-28 amdt 3.171\ndef award holiday ins A2005-22 s 14\nom A2011-28 amdt 3.172\ndef casual employee ins A1997-68 s 4\nreloc from s 2 A2005-22 s 6\ndef continuous service ins A2005-22 s 14\ndef determination sub Ord1989-38 sch 1\nreloc from s 2 A2005-22 s 6\nom A2011-28 amdt 3.173\ndef employee sub Ord1981-24 s 2l; A1997-68 s 4\nreloc from s 2 A2005-22 s 6\nsub A2019-36 amdt 1.2\ndef minimum retiring age ins A2005-22 s 14\nom A2011-28 amdt 3.174\ndef occupier ins A2025-30 s 9\ndef ordinary remuneration am A1997-68 s 4\nreloc from s 2 A2005-22 s 6\n\nEndnotes\n4 Amendment history\npage 40 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef period of service ins A2005-22 s 14\ndef premises ins A2025-30 s 9\ndef salary or wages reloc from s 2 A2005-22 s 6\ndef trainee ins A1997-68 s 4\nam A2003-37 amdt 2.13\nreloc from s 2 A2005-22 s 6\nom A2011-28 amdt 3.175\n\nEndnotes\nEarlier republications 5\nR29\n19/11/25\nLong Service Leave Act 1976\nEffective: 19/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 31 May 1991\n2 A1993-1 31 August 1993\n3 A1994-97 31 January 1995\n4 A1995-46 30 November 1996\n5 A1997-68 31 December 1997\n6* A2001-56 23 January 2002\n7 A2003-45 3 October 2003\n8 A2003-45 1 November 2003\n9 A2004-15 9 April 2004\n10 (RI) † A2005-22 18 May 2005\n11 (RI) † A2005-22 19 May 2005\n12 A2005-22 20 May 2005\n13 A2005-22 21 May 2005\n14* A2005-38 31 August 2005\n15 A2005-38 14 May 2006\n16 A2007-3 12 April 2007\n17 A2007-12 1 July 2007\n18 A2008-43 10 September 2008\n19* A2008-43 2 February 2009\n20 A2009-25 1 January 2010\n\nEndnotes\n5 Earlier republications\npage 42 Long Service Leave Act 1976\nEffective: 19/11/25\nR29\n19/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n21 A2011-22 1 July 2011\n22 A2011-28 21 September 2011\n23* A2011-28 22 September 2012\n24 A2019-32 11 October 2019\n25 A2020-11 8 April 2020\n26 A2020-14 14 May 2020\n27 A2021-12 23 June 2021\n28 A2021-12 1 October 2022\n† includes republication correction\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted in 1976 as a straightforward long service leave entitlement for traditional employment relationships, the Act has expanded significantly. Major scope changes include: (1) addition of portable scheme interactions (building/construction 1981, cleaning 1999, security 2009) creating a complex web of overlapping entitlements; (2) inclusion of casual and part-time employees who were historically excluded; (3) addition of comprehensive administration and enforcement machinery (Part 3) in 1997 and significantly expanded in 2025 with new inspection powers, self-incrimination abrogation, and ACAT review pathways; (4) specific provisions for commission-based workers (2005); and (5) COVID-19 emergency provisions (2020, since expired). The Act has transformed from a simple leave calculator into a sophisticated regulatory framework with active compliance monitoring."},"complexity_factors":["Multiple cross-references to other Acts (LSL (BCI) Act, LSL (CCI) Act, LSL (PS) Act, Fair Work Act, Corporations Act, Criminal Code)","Nested conditions for calculating 'ordinary remuneration' with different formulas for part-time/casual employees, commission workers, and those transitioning from full-time to part-time (s 7, s 2F, s 11D)","7 specific exceptions to service continuity in s 2G(2), plus a seasonal work exception in s 2G(3), with explicit exclusion of certain periods from the total calculation","Interaction between three different legislative schemes (portable vs non-portable long service leave) requiring anti-double-dipping provisions (ss 2D, 2E, 2EA)","Detailed record-keeping requirements with 12 specific data points required per employee (s 12)","Enforcement provisions with abrogation of privilege against self-incrimination (s 13CD) and specific warning requirements (s 13CE)","19 defined terms in the Dictionary, some incorporating external definitions (e.g., 'associated company' refers to Corporations Act)"],"plain_english_summary":"**What this law does:**\n\nThis is the ACT's main law giving employees the right to paid long service leave — extra paid time off for staying with one employer (or related employers) for a long time.\n\n**Who it covers:**\n- Most employees in the ACT, including part-time, casual, and commission-based workers\n- **Not** public servants or staff of ACT politicians\n\n**Key rights:**\n- After **7 years** with the same employer, you get **2 months** paid leave (calculated as 1/5 of a month per year of service)\n- You keep building up more leave for each extra year you work\n- If you leave after 5–7 years for certain reasons (illness, retirement, redundancy, or death), you get a partial payout\n- If you leave after 7+ years, you get paid out any unused leave\n\n**Important rules:**\n- **Continuity matters:** Breaks in work don't always reset the clock — things like strikes, stand-downs, approved leave, work injuries, or seasonal work gaps may not break your service\n- **Business sales:** If your workplace is sold or contracted out, your service usually carries over to the new owner\n- **Associated companies:** Working for different companies under the same corporate group counts as continuous service\n- **Payment:** Must be at your ordinary pay rate (including regular bonuses and allowances, but not overtime)\n- **Public holidays:** Don't count as leave days — your leave gets extended\n\n**Enforcement:**\n- A **Registrar** oversees the system\n- **Authorised officers** can inspect workplaces, demand records, and investigate complaints\n- Employers must keep detailed records for 7 years\n- Employees can complain to the Registrar, with disputes going to the ACT Civil and Administrative Tribunal (ACAT)\n\n**No contracting out:**\nEmployers can't use contracts or agreements to give you less than this Act provides (though they can give you more).\n\n**Interaction with other schemes:**\nThe Act coordinates with separate portable long service leave schemes for building/construction, contract cleaning, and security — you can't double-dip, but you don't lose your general entitlement either."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act began in 1976 as a straightforward long service leave entitlement. Over decades of amendments it has expanded to include: coordination with industry-specific portable leave schemes for building, cleaning, and other industries; a full administrative enforcement regime including authorised officers with entry and investigation powers; detailed record-keeping obligations; and internal and external review mechanisms. The core entitlement remains similar but the Act now functions as a complex regulatory framework far beyond its original scope."},"complexity_factors":["Multiple cross-references to 3 other long service leave acts (BCI, CCI, PS) requiring coordination","Complex definition of continuous service with multiple exceptions (industrial disputes, stand-downs, seasonal work, etc.)","Detailed record-keeping requirements with 12 specific information items","Administrative enforcement framework with registrar, authorised officers, internal review, and ACAT review","Interactions with federal Fair Work Act and awards/agreements","Definitions of key terms like 'ordinary remuneration' excluding overtime","Provisions for part-time and casual employees with different calculation methods"],"plain_english_summary":"This Act gives most private-sector employees in the Australian Capital Territory a legal right to paid long service leave after working for the same employer for seven years. It works like this: for every year you work, you build up (accrue) one-fifth of a month of leave. After seven years, you have built up about 1.4 months of leave (roughly six weeks). You can take this leave when you want, but your employer can suggest a different time if it suits the business. If you leave your job before seven years for reasons like illness, redundancy, or retirement, you might still get a partial payment for the leave you have built up (pro-rata). The Act also says you cannot be paid out your long service leave instead of taking it, except when your job ends. It sets rules for what happens when a business is sold or services are contracted out—you keep your service history. Employers must keep detailed records of your leave entitlements. A government registrar and inspectors enforce the Act. It also coordinates with other long service leave schemes for specific industries like building and cleaning. This law applies to most employees but not to ACT government employees (public servants) or members of the Legislative Assembly's staff."}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-act-1976","history":"/api/acts/long-service-leave-act-1976/history","analysis":"/api/acts/long-service-leave-act-1976/analysis","conflicts":"/api/acts/long-service-leave-act-1976/conflicts","importantCases":"/api/acts/long-service-leave-act-1976/important-cases","documents":"/api/acts/long-service-leave-act-1976/documents"}}