{"id":"long-service-leave-act-1981","name":"Long Service Leave Act 1981","slug":"long-service-leave-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30332,"registerId":"nt-long-service-leave-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Long Service Leave Act 1981","content":"NORTHERN TERRITORY OF AUSTRALIA\nLONG SERVICE LEAVE ACT 1981\nAs in force at 14 October 2015\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Repeal ............................................................................................. 1\n4 Savings ............................................................................................ 1\n5 Transitional ...................................................................................... 1\n6 Application ....................................................................................... 2\n7 Interpretation ................................................................................... 2\n8 Long service leave entitlement ........................................................ 4\n9 Public holidays................................................................................. 5\n10 Entitlement for payment for long service leave credit ...................... 5\n11 Payment for long service leave........................................................ 6\n12 Qualifying service ............................................................................ 9\n13 Exemptions .................................................................................... 11\n14 Leave records ................................................................................ 12\n15 Investigation by authorised person ................................................ 13\n16 Other employment during long service leave................................. 13\n17 Evasion, &c., of obligations............................................................ 13\n18 Offences ........................................................................................ 13\n18A Limitation of time for prosecution ................................................... 14\n19 Regulations.................................................................................... 14\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 14 October 2015\n____________________\nLONG SERVICE LEAVE ACT 1981\nAn Act to provide for the grant to certain employees of long service\nleave, and for other purposes\n1 Short title\nThis Act may be cited as the Long Service Leave Act 1981.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Repeal\nThe Long Service Leave Ordinance 1965 (No. 67 of 1965), the\nLong Service Leave Ordinance 1970 (No. 18 of 1970) and the Long\nService Leave Ordinance 1974 (No. 52 of 1974) are repealed.\n4 Savings\n(1) The repeal of the Ordinances specified in section 3 does not affect\na grant under those Ordinances of long service leave for a period\ncommencing after or extending after the commencement of this Act,\nand this Act applies to and in relation to any long service leave so\ngranted that occurs after that commencement as if it had been\ngranted under this Act.\n(2) Notwithstanding the repeal of the Ordinances specified in section 3,\nwhere an employee was, on the day before the date of\ncommencement of this Act, entitled to a period of long service\nleave, the employee shall be entitled to a credit of long service\nleave equal to that period.\n5 Transitional\n(1) This Act does not apply to and in relation to a period of employment\nperformed before the date of commencement of this Act if, before\nthat date, the employment of the employee was terminated\notherwise than for the purpose of avoiding the grant of long service\nleave.\n\nLong Service Leave Act 1981 2\n(2) Long service leave granted, or payment in lieu of long service leave\nmade, before the commencement of this Act:\n(a) shall be deemed to be leave granted, or payment made, under\nthis Act; and\n(b) shall be deducted from any leave or payment to which the\nemployee would be entitled by virtue of this Act.\n6 Application\n(1) Subject to this Act, where a person is or has been, on or after the\ncommencement of this Act, employed in the Territory, this Act\napplies to and in relation to the person's employment at any time\nbefore or after the commencement of this Act.\n(2) This Act does not apply to or in relation to:\n(a) a person in respect of whom provision for long service leave is\nmade by another law of the Territory, or of the Commonwealth\nor of a State;\n(b) a person to whom an award applies making provision for long\nservice leave; or\n(c) a person employed in an honorary capacity.\n(4) Nothing in this Act allows an employee to obtain credit for long\nservice leave more than once in respect of the same period of\nemployment.\n7 Interpretation\n(1) In this Act, unless the contrary intention appears:\naward means an award, order, industrial agreement or common\nrule declaration in force at the time of the employment of the\nemployee under the Workplace Relations Act 1996 of the\nCommonwealth.\nemployee means a person to whom this Act applies who has\nentered into or works under a contract of service or apprenticeship\nwith an employer, whether the contract is express or implied, oral or\nin writing, on salary, wages or piecework rates or as a member of a\nbutty gang, full-time or part-time, or casual, or as an outworker.\npay, in relation to an employee, means the pay, salary, wages or\nremuneration in respect of his or her employment.\n\nLong Service Leave Act 1981 3\npublic holiday means a day to be observed as a public holiday\nunder the Public Holidays Act 1981.\n(2) A reference in this Act to an employee's pay shall be read as\nincluding a reference to:\n(a) an over-award payment, industry, leading hand, skill or\nqualification allowance or service grant;\n(b) any amounts payable to the employee under a bonus or\nincentive scheme, being amounts that are usually paid to the\nemployee with his or her pay;\n(c) if the employee is provided with free board or lodging by the\nemployer – an amount equal to the value of that board or\nlodging fixed by or under the terms of employment or, if not so\nfixed, $15 per week for board or $5 per week for lodging; and\n(d) any allowance of a specified kind prescribed by the\nRegulations to be included in an employee's pay for the\npurposes of this Act or a provision of this Act,\nbut not including a reference to district allowance, site allowance,\nclimatic allowance or any other allowance or payment in respect of\novertime or penalty rates of pay.\n(3) For the purposes of this Act, the fact that:\n(a) some or all of an employee's pay consists of a share of the\nearnings of the employer; or\n(b) a vehicle, vessel, machine, tool or other article for the\nperformance of his or her work is obtained by the employee\nunder a contract of hire in consideration of the payment of a\nfixed sum or a share of the earnings of the employer, or\notherwise,\ndoes not in itself prevent the person from being regarded as an\nemployee.\n(4) For the purpose of calculating an employee's rate of pay where,\nduring a year, an employee is remunerated partly by pay and partly\nby commission, the total of the pay and the commission payable to\nthe employee during the year shall be added together.\n(5) Where, by a provision of a law that governs an award applying to\nan employee in the Territory, a person is deemed, for the purposes\nof that law, to be the employer of another person, the person so\ndeemed to be an employer shall, for the purposes of this Act, be\ndeemed to be an employer of that other person.\n\nLong Service Leave Act 1981 4\n(6) Nothing in this Act:\n(a) entitles an employee to be paid, or requires an employer to\npay, more than one payment of the amount, or part of the\namount, payable under section 11 for or in lieu of the\nentitlement of the employee to long service leave; or\n(b) entitles an employee to take, or requires an employer to grant,\na period of long service leave of more than 1.3 weeks for each\ncompleted year of continuous service.\n8 Long service leave entitlement\n(1) Subject to this Act, where an employee has been employed by an\nemployer for not less than 10 years continuous service, the\nemployee is entitled to long service leave, on pay calculated under\nsection 11, for a period of 1.3 weeks for each completed year of\ncontinuous service with the employer.\n(2) Where an employee has been employed by an employer for a\nperiod of 10 years of continuous service, the employee is entitled to\ntake long service leave for a period equal to 1.3 weeks for each\ncompleted year of that 10 years continuous service.\n(3) Where an employee has completed a period of 10 years of\ncontinuous service with an employer referred to in subsection (1),\nthe employee becomes entitled to take long service leave on the\ncompletion of each subsequent period of 5 years continuous\nservice with that employer for a period equal to 1.3 weeks for each\ncompleted year of that 5 years continuous service.\n(4) Subject to subsection (5) and section 13, an employee who is\nentitled to long service leave under this Act shall not be entitled to\nbenefits in the nature of long service leave in respect of his or her\nemployment with his or her employer otherwise than under this Act.\n(5) The Minister may approve, subject to such conditions as he or she\nthinks fit, an agreement between an employee and his or her\nemployer in respect of the entitlement of the employee to benefits in\nthe nature of long service leave in respect of the employee's\nemployment with that employer where the Minister is satisfied that\nthose benefits are not less favourable than those provided under\nthis Act.\n(5A) The Minister may revoke, subject to such conditions as he or she\nthinks fit, in whole or in part, an approval under subsection (5) of an\nagreement referred to in that subsection.\n(6) Subject to subsections (5) and (7) and section 13, where an\nemployee is entitled to long service leave under this Act, an\n\nLong Service Leave Act 1981 5\nagreement referred to in subsection (5) and approved under that\nsubsection, or a scheme referred to in section 13 to which an\nexemption under that section relates, his or her employer shall\ngrant and the employee shall take the long service leave to which\nhe or she is entitled:\n(a) as soon as practicable after the leave has accrued, having\nregard to the needs of the employer's business, or\ncommencing on and from a date that is agreed upon between\nthe employer and employee; and\n(b) in one continuous period or, where the employer and\nemployee agree, in separate periods not exceeding 3, of not\nless than 4 weeks each.\n(7) Unless the employee otherwise agrees, an employer shall give to\nan employee not less than 2 months notice of the date from which it\nis proposed that the employee's long service leave shall be granted\nand taken.\n(8) Where an employee has been granted a period of long service\nleave in accordance with this section, the amount of long service\nleave due to that employee is reduced by the period of the leave so\ngranted.\n9 Public holidays\nWhere a public holiday occurs during a period of long service leave\ngranted under this Act, the public holiday shall be deemed to be\npart of the long service leave and the period of leave shall not be\nincreased because of the holiday.\n10 Entitlement for payment for long service leave credit\n(1) Subject to subsection (1A), where an employee who is entitled to\nlong service leave ceases to be an employee otherwise than by\ndeath, the employer is to pay to the employee the amount payable\nunder section 11 for a period equal to the period of his or her long\nservice leave credit at the time he or she ceases that employment.\n(1A) Where an employee who is entitled to long service leave ceases to\nbe an employee by reason of serious misconduct, the employer\nshall pay to the employee, in lieu of long service leave, an amount\nnot less than the amount that would be payable to the employee\nunder section 11 for his or her long service leave credit at the time\nhe or she ceases that employment (if any) in respect of:\n(a) where the employee has completed not less than 10, but less\nthan 15 years, of continuous service with the employer, the\ncompleted period of 10 years continuous service only; and\n\nLong Service Leave Act 1981 6\n(b) where the employee has completed not less than 15 years of\ncontinuous service with the employer, completed periods of\n5 years continuous service only.\n(2) Where an employee whose period of employment is less than\n10 years but not less than 7 years ceases to be an employee of that\nemployer, otherwise than by death:\n(a) on or subsequent to attaining the age at which he or she may\nretire;\n(b) on the termination of employment by the employer for a\nreason other than serious misconduct; or\n(c) on account of illness, incapacity or domestic or other pressing\nnecessity of such a nature as to justify so ceasing to be an\nemployee,\nthe employer shall pay to the employee the amount payable under\nsection 11 for a period equal to 1.3 weeks for each completed year\nof service of that employment.\n(3) Where an employee dies and would have been entitled to payment\nunder subsection (1) or (2) had he or she otherwise ceased to be\nemployed on the date of death, the employer shall, on the request\nof the personal representative of the employee, pay to the personal\nrepresentative the amount that would have been payable to the\nemployee under those circumstances.\n(4) Except as provided by this section, an employer shall not pay to an\nemployee, and an employee shall not accept, any amount in lieu of\nlong service leave to which the employee is entitled under this Act.\n11 Payment for long service leave\n(1) In this section:\nhours of work per week means:\n(a) the fixed number of hours per week an employee has worked\nfor an employer during a year of continuous service with an\nemployer; or\n(b) where an employee has not worked a fixed number of hours\nper week, the average number of hours per week the\nemployee has worked for an employer during a year of\ncontinuous service with an employer,\nbut does not include hours of overtime worked by the employee.\n\nLong Service Leave Act 1981 7\nrate of pay means an employee's remuneration for the hours of\nwork per week worked by the employee calculated:\n(a) in the case of an employee who is remunerated in accordance\nwith a rate of pay fixed by the terms of employment of the\nemployee, that rate of pay; or\n(b) in the case of an employee:\n(i) who is not remunerated in accordance with a rate of pay\nreferred to in paragraph (a);\n(ii) who is remunerated partly in accordance with a rate of\npay referred to in paragraph (a) and partly in another\nmanner; or\n(iii) where no rate of pay is fixed by the terms of employment\nof the employee,\nthe average rate of pay paid to the employee during a year of\ncontinuous service (to be calculated by dividing the total amount of\npay paid, other than any amount paid for hours of overtime worked\nor as district allowance, site allowance, climatic allowance or\npenalty rates, by the total number of hours, other than hours of\novertime, worked by the employee during the year of continuous\nservice).\n(2) Where an employee is entitled to a payment for, or in lieu of, long\nservice leave under this Act, the amount payable to the employee is\nthe sum of the amounts calculated under subsection (3) for each\ncompleted year of continuous service that comprises the period of\nservice from which his or her entitlement to long service leave is\nderived.\n(3) An amount calculated for a completed year of continuous service\nunder subsection (2) is to be calculated in accordance with the\nformula RP x HWW x 1.3, where:\nRP means an employee's rate of pay payable on the day\nimmediately preceding the day on which he or she ceases to be an\nemployee or takes a period of long service leave, or on the day as\nagreed in accordance with subsection (8)(a), as the case may be.\nHWW means the number of hours of work per week an employee\nworked for an employer during a year of the continuous service.\n\nLong Service Leave Act 1981 8\n(4) For the purpose of giving an example of the calculation of a\npayment under subsection (2) in respect of 10 years of continuous\nservice, where:\n(a) an employee works 40 hours per week during the whole of the\nperiod of 10 years of continuous service; and\n(b) the employee's rate of pay on the day immediately preceding\nthe day on which he or she ceases to be an employee or\ntakes a period of long service leave is $15 per hour,\nthen the amount payable to the employee is $7,800, being the sum\nof $15 x 40 hours x 1.3 weeks for each of the 10 years of\ncontinuous service.\n(5) For the purpose of giving a further example of the calculation of a\npayment under subsection (2) in respect of 5 years of continuous\nservice, where:\n(a) the employee worked:\n(i) 40 hours per week during the first year of continuous\nservice;\n(ii) 40 hours per week during the second year of continuous\nservice;\n(iii) 30 hours per week during the third year of continuous\nservice;\n(iv) an average of 25 hours per week during the fourth year\nof continuous service; and\n(v) an average of 20 hours per week during the fifth year of\ncontinuous service; and\n(b) the employee's rate of pay on the day immediately preceding\nthe day on which he or she ceases to be an employee or\ntakes a period of long service leave is $30 per hour,\nthen the amount payable to the employee is $6,045, being the sum\nof ($30 x 40 hours x 1.3 weeks) plus ($30 x 40 hours x 1.3 weeks)\nplus ($30 x 30 hours x 1.3 weeks) plus ($30 x 25 hours x\n1.3 weeks) plus ($30 x 20 hours x 1.3 weeks).\n\nLong Service Leave Act 1981 9\n(6) Subject to subsection (8), where an employee is to take a period of\nlong service leave, his or her employer is to pay the amount\ncalculated under (2) to the employee in respect of the whole of the\nperiod:\n(a) on or before the last day on which the employee is required to\nwork before he or she commences the leave; or\n(b) on the pay day immediately before he or she commences the\nleave,\nas agreed between the employer and employee.\n(7) Where an employee ceases to be an employee on retirement,\ntermination of employment, ill health, death or domestic or other\npressing necessity, the employer is to pay the amount calculated\nunder subsection (2):\n(a) to the employee as soon as practicable after termination of his\nor her employment; or\n(b) in the case of a deceased employee, to his or her personal\nrepresentative as soon as practicable after the death of the\nemployee, but in any case not later than 12 months after his or\nher death.\n(8) An employer and an employee may agree that:\n(a) where they have made an agreement under section 8(6) to\npostpone the grant of long service leave or a part of it, the pay\npayable in respect of that postponed leave is to be at the\nemployee's rate of pay on the date of the agreement, and\npayment in respect of that postponed leave is to be made\naccordingly; or\n(b) payment of the employee's pay in respect of long service\nleave he or she is to take is to be paid at a time other than a\nday referred to in subsection (6) and that payment be made by\ncheque, posted to a specified address or otherwise, and\npayment in respect of that leave is to be made accordingly.\n12 Qualifying service\n(1) The period of qualifying service of an employee with an employer\nfor the purposes of this Act is the period during which the employee\nserved (including any period that commenced before the\ncommencement of this Act) continuously with the employer.\n\nLong Service Leave Act 1981 10\n(2) For the purposes of this Act, an employee shall be deemed not to\nbreak, or not to have broken, continuity of service by reason of\nserving or having served:\n(a) on continuous full-time service in a part of the Reserve Forces\nor of the Citizen Forces;\n(b) in a part of those Forces for such period as is or was fixed by\nor in accordance with regulations under the Defence Act 1903\nof the Commonwealth, the Naval Defence Act 1910 of the\nCommonwealth or the Air Force Act 1923 of the\nCommonwealth, as in force at the relevant time;\n(c) on national service; or\n(d) as a member of the Civil Construction Corps established\nunder the National Security Act 1939 of the Commonwealth,\nand the period of service of the employee referred to in\nparagraph (a), (b), (c) or (d), whichever is applicable, shall be\ndeemed to be a period of employment by the employee with the\nemployer by whom he was last employed before commencing that\nservice.\n(3) Where an employee completes an apprenticeship with an employer\nand, within a period of 12 months after completing that\napprenticeship, the employee is re-employed by the employer, the\nperiod of that apprenticeship shall be deemed to be a period of\nemployment by the employee with the employer.\n(4) For the purposes of this Act, an employee shall be deemed not to\nbreak, or not to have broken, continuity of employment by reason of\nan interruption or determination of that employment:\n(a) brought about by the action of the employer with the intention\nor result of avoiding an obligation imposed on the employer by\nthis Act;\n(b) arising directly or indirectly out of an industrial dispute where\nthe employee returns to his or her employment in accordance\nwith the terms of settlement of the dispute;\n(c) arising from the standing down of the employee by the\nemployer for the reason of a slackness of trade;\n(d) after completing a period of apprenticeship with the employer\nfor a period not exceeding 12 months; or\n\nLong Service Leave Act 1981 11\n(e) for any other reason and the employee was re-employed by\nthat employer within 2 months of the interruption or\ndetermination.\n(5) Where an employee is or was absent otherwise than:\n(a) on leave granted with pay by the employer; or\n(b) by action of the employer with the intention or result of\navoiding an obligation imposed on the employer by this Act,\nthe period of the absence does not form part of the period of\nemployment with that employer for the purposes of this Act.\n(6) Where an employee is employed in a corporation and, at any time\nprior, has been employed in one or more related corporations and\nthe periods of employment are continuous with one another within\nthe meaning of this section, the sum of those periods of\nemployment shall, subject to this Act, be included in the current\nperiod of employment for the purposes of this Act.\n(7) For the purposes of subsection (6), a corporation shall be deemed\nto be a related corporation if the corporation is a subsidiary, holding\nor related corporation within the meaning of the Corporations\nAct 2001.\n(8) Where:\n(a) all or part of a business, undertaking or establishment of an\nemployer has, whether before or after the commencement of\nthis Act, been transferred to another employer; and\n(b) a person who, at the time of the transfer, was an employee of\nthe first-mentioned employer and transfers his or her\nemployment to that other employer,\nthe period of employment with such other employer shall be\ndeemed not to have been broken by reason of the transfer, and the\nperiod of employment with the first-mentioned employer shall be\ndeemed to be a period of employment with the other employer.\n(9) For the purposes of subsection (8), transfer includes transmission,\nconveyance, assignment or succession, whether by agreement,\nunder will, in pursuance of letters of administration of a deceased\nperson's estate or by operation of law.\n13 Exemptions\nThe Minister may, subject to such conditions as he or she thinks fit,\nby instrument in writing, exempt an employer or class of employers\n\nLong Service Leave Act 1981 12\nfrom the operation of this Act or of a provision of this Act in respect\nof an employee, or class of employees specified by the Minister, if\nthe Minister is satisfied that the employee or class of employees is\nentitled to benefits in the nature of long service leave under a\nscheme conducted by or on behalf of the employer or class of\nemployers not less favourable than those provided by this Act.\n14 Leave records\n(1) An employer shall, in respect of each employee, keep and maintain\nor cause to be kept and maintained a record showing particulars of:\n(a) the name of the employee;\n(b) the date on which the employee commences employment with\nthe employer, the wages, the periods of prior qualifying\nservice, and the salary or commission paid to such an\nemployee;\n(ba) the number of hours of work per week worked by the\nemployee;\n(c) the accrued long service leave credit of the employee;\n(d) each period of long service leave, or payment in lieu of long\nservice leave, made to the employee;\n(e) each other occasion of 2 months or more on which the\nemployee has been absent from that employment; and\n(f) where the employee ceased to be employed by the\nemployer – the date on which the employee ceased to be so\nemployed.\n(2) An employer shall retain a record referred to in subsection (1):\n(a) after the date on which the employee to whom the record\nrelates ceased to be employed by the employer – until the\nexpiration of 3 years; and\n(b) in the case of an employee whose employment is terminated\nby death – 6 years after the date on which all moneys owing to\nthe legal personal representative are paid.\n(3) A person shall not make a false or misleading statement in or a\nmaterial omission from a record that is required to be kept under\nthis section.\n\nLong Service Leave Act 1981 13\n15 Investigation by authorised person\n(1) A person authorised by the Minister may:\n(a) conduct such investigations as the authorised person thinks fit\nto ascertain whether provisions of this Act have been complied\nwith; and\n(b) for that purpose, require an employer to produce, at such\nreasonable time and place as the authorised person specifies,\nthe records required to be kept under section 14.\n(2) An employer shall not fail to comply with a request given under\nsubsection (1).\n(3) An authorised person shall, if requested so to do by the Minister, as\nsoon as practicable after conducting an investigation under this\nsection, report in writing to the Minister the findings of the\ninvestigation.\n16 Other employment during long service leave\nAn employee shall not, during any period while on long service\nleave granted by the employer under this Act, engage in any other\nremunerative employment with duties of a kind performed by the\nemployee in the employment from which leave was granted.\n17 Evasion, &c., of obligations\n(1) This Act has effect notwithstanding any employment agreement\nthat confers on the employee rights that are not as advantageous to\nthe employee as the rights conferred on an employee by this Act.\n(2) An employer shall not do any act or thing for the purpose of, or that\nhas the effect of, in any way:\n(a) avoiding or evading an obligation imposed on the employer by\nthis Act; or\n(b) defeating, evading, avoiding or preventing the operation of this\nAct.\n18 Offences\n(1) A person shall not contravene or fail to comply with a provision of\nthis Act.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n\nLong Service Leave Act 1981 14\n(2) Where a person is found guilty of an offence against this Act, the\ncourt may, in addition to the imposition of any penalty, make such\norder with respect to any payment or leave due under this Act to\nanother person in respect of whom the offence was committed as it\nthinks just in the matter, including an order that the person found\nguilty pay to such other person any sum that the court is satisfied is\ndue from the person found guilty to that other person in connection\nwith that other person's employment.\n(4) An offence of contravening or failing to comply with section 14 is a\nregulatory offence.\n18A Limitation of time for prosecution\nNotwithstanding any other law in force in the Territory, a proceeding\nfor an offence against this Act may be instituted within 3 years after\nthe act or omission alleged to constitute the offence.\n19 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters that are required or permitted by this Act\nto be prescribed or are necessary or convenient to be prescribed\nfor carrying out or giving effect to this Act.\n\nENDNOTES\nLong Service Leave Act 1981 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLong Service Leave Act 1981 (Act No. 72, 1981)\nAssent date 18 September 1981\nCommenced 10 November 1981 (Gaz S22, 10 November 1981)\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2 s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nLong Service Leave Amendment Act 1984 (Act No. 33, 1984)\nAssent date 20 July 1984\nCommenced 1 February 1989 (Gaz G4, 1 February 1989, p 2)\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\n\nENDNOTES\nLong Service Leave Act 1981 16\nLong Service Leave Amendment Act 1997 (Act No. 25, 1997)\nAssent date 2 June 1997\nCommenced 1 July 1997 (Gaz G25, 25 June 1997, p 3)\nAmending Legislation\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998 (s 5(2))\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 10 Long Service Leave Amendment Act 1997 (Act No. 25, 1997)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1 and 7.\n5 LIST OF AMENDMENTS\ns 6 amd No. 33, 1984, s 4; No. 25, 1997, s 4; No. 54, 2004, s 7\ns 7 amd No. 25, 1997, s 5; No. 62, 2001, s 15; No. 54, 2004, s 7\ns 8 amd No. 33, 1984, s 5; No. 25, 1997, s 6\ns 10 amd No. 33, 1984, s 6; No. 25, 1997, s 7; No. 11, 1998, s 10; No. 54, 2004,\ns 7\ns 11 amd No. 33, 1984, s 7\nsub No. 25, 1997, s 8\ns 12 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 17, 2001, s 21; No. 54, 2004,\ns 7\n\nENDNOTES\nLong Service Leave Act 1981 17\ns 13 amd No. 54, 2004, s 7\ns 14 amd No. 33, 1984, s 8; No. 25, 1997, s 9; No. 54, 2004, s 7\nss 15 – 17 amd No. 54, 2004, s 7\ns 18 amd No. 68, 1983, s 120; No. 17, 1996, s 6; No. 54, 2004, s 7; No. 23, 2013,\ns 9; No. 26, 2015, s 71\ns 18A ins No. 33, 1984, s 9","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on creating a statutory long service leave entitlement and setting the rules for accrual, payout, continuity and enforcement. Amendments over time have clarified definitions, calculation mechanics, record‑keeping and enforcement, and added Ministerial powers for approvals and exemptions, but these are refinements of the original objective rather than a material change of scope. The core coverage—establishing minimum long service leave entitlements and preserving continuity of service—has not been expanded into unrelated subject matter."},"complexity_factors":["Length: 19 substantive sections (plus definitions and transition/savings), compact but covering multiple topics (entitlement, payment, continuity, records, enforcement).","Defined terms in interpretation (s 7) including: award, employee, pay, public holiday, plus payment‑related definitions in s 11 (hours of work per week, rate of pay).","Several conditional entitlement rules: main trigger at 10 years (s 8), subsequent accrual every 5 years (s 8(3)), special payout rules for 7–<10 years in limited circumstances (s 10(2)), and reduced payout for serious misconduct (s 10(1A)).","Payment calculation requires historical averaging and excludes certain payments (s 7(2); s 11(1)–(5)), creating multi‑step arithmetic per completed year (s 11(2)–(3)).","Continuity and aggregation rules with multiple specific exceptions (reserve forces, national service, apprenticeships, business transfers, related corporations) (s 12(2)–(9)).","Ministerial discretion for approving alternative agreements and granting exemptions (s 8(5)–(6), s 13) introduces administrative discretion and conditional outcomes.","Record‑keeping and inspection regime with retention periods and false‑statement offences (s 14, s 15), requiring operational systems.","Enforcement: criminal penalties, court power to order payment to affected persons, and a 3‑year limitation for prosecution (ss 18, 18A).","Cross‑references to other laws (Workplace Relations Act, Defence Acts, Corporations Act) and to Regulations (s 19) increase interpretative links."],"plain_english_summary":"**What this law does (mechanics)\n\n- Grants a statutory right to long service leave to employees in the Northern Territory who meet the qualifying service rules (see section 8).\n- Basic entitlement: after 10 years continuous service with the same employer an employee earns long service leave at the rate of 1.3 weeks for each completed year of service (s 8(1)–(3)). After the first 10 years, further entitlement accrues on each subsequent completed 5‑year block (s 8(3)).\n- Payment for leave is worked out by a simple formula: rate of pay (RP) × hours worked per week (HWW) × 1.3 for each completed year that gives rise to the leave (s 11(3)). The Act defines how to calculate RP and HWW, including averaging rules where pay or hours vary (s 11(1), (3), (4), (5)).\n- If an employee leaves employment, the employer must generally pay out the long service leave credit (s 10(1)); special rules apply for serious misconduct (s 10(1A)) and for employees with between 7 and 10 years in prescribed circumstances (s 10(2)).\n- Employers must keep leave records (who, start/finish dates, hours, accrued credit, absences, and periods of leave) and retain them for set periods (s 14(1)–(2)).\n- The Minister has administrative powers: to approve alternative agreements (if they are not less favourable) (s 8(5)–(6)), to grant exemptions for employer schemes that are at least as favourable (s 13), and to authorise inspectors to check compliance (s 15).\n- Enforcement: failing to comply with the Act is an offence (maximum 8 penalty units or 6 months' imprisonment) and courts may order payment of moneys or leave due (s 18). There is a 3‑year limitation for starting prosecutions under the Act (s 18A).\n- Additional mechanics: public holidays occurring during long service leave count as part of that leave (s 9); employees are ordinarily given at least 2 months' notice of leave dates (s 8(7)); leave is to be taken in one continuous block unless employer and employee agree to up to three blocks of not less than 4 weeks each (s 8(6)(b)). Employees are prohibited from working in the same kind of remunerative employment during periods of long service leave (s 16).\n\nWho this affects\n\n- Employees covered: people who are employed in the NT and are not excluded by the Act (s 6). The Act includes full‑time, part‑time, casuals, apprentices, outworkers and various payment arrangements within the definition of \"employee\" (s 7).\n- Employers operating in the NT who have employees covered by the Act are responsible for granting leave, calculating and paying amounts due, keeping records, and responding to compliance investigations (ss 8, 11, 14, 15).\n- Excluded persons: people already covered by another law or by an industrial award that provides for long service leave, and honorary workers (s 6(2)). Employers or employer classes can also be exempted if they run an approved scheme that is not less favourable (s 13).\n\nWhy it matters (practical implications, costs, incentives and risks)\n\n- Who pays: employers bear the direct cost of providing the leave and of paying out accrued entitlements on termination (s 11, s 10). That cost is a function of final pay and the average hours worked for the relevant years (s 11). Employers must also maintain records (s 14) and may face penalties for non‑compliance (s 18).\n- Who decides: the employer determines timing of leave subject to the employee's rights and reasonable notice; the employee can agree to alternative timing or splits (s 8(6)–(7)). The Minister decides on approvals of alternative schemes and exemptions and can authorise investigators (ss 8(5), 13, 15).\n- Administrative burden: employers must track hours, variable pay components, accrued credits, and absences; average pay rules require historic calculations for variable payments and commissions (s 11(1)–(5), s 14(1)(ba)). Record retention and compliance investigations create ongoing compliance costs (ss 14–15).\n- Calculation complexity and dispute risk: the formula is straightforward, but the requirement to average pay and hours, exclude overtime and certain allowances, and include some allowances but exclude others (s 7(2), s 11(1)–(5)) creates room for disagreement about what is \"pay\" and how averages are done.\n- Incentives and avoidance risk: employers have an incentive to structure pay or employment relationships to reduce statutory liabilities (the Act forbids acts intended to avoid obligations (s 17)), and the Minister has discretion to approve alternative employer–employee arrangements or exempt employers who operate equivalent schemes (ss 8(5), 13). That discretion reduces the Act's uniformity but allows recognised alternatives.\n- Effects on labour markets: the entitlement is a deferred wage cost (accrues over long periods) that can affect hiring, staff retention decisions and the cost of longer‑term employment relationships. The Act treats transfers within related corporations, business transfers and recognised leave‑equivalent schemes as preserving continuity (s 12(6)–(9), s 13), which limits disruptions to entitlements when businesses reorganise.\n- Enforcement and compliance risk: there is a criminal penalty for non‑compliance and inspection powers (ss 15, 18). A 3‑year limitation for prosecutions (s 18A) sets a time horizon for enforcement.\n\nKey provisions to look up quickly: s 8 (entitlement and timing rules), s 11 (payment formula and averaging), s 10 (payment on termination rules), s 12 (continuity and qualifying service), s 13 (exemptions), s 14 (record keeping), s 17–18 (anti‑avoidance and penalties).\n\nHow the official policy claims line up with trade‑offs\n\n- The Act’s stated purpose is to ensure employees receive long service leave and to set minimum rules for its accrual, payment and preservation (title and substantive provisions). Mechanically it does that by setting eligibility triggers, a numeric accrual rate, a payment formula, record‑keeping obligations and enforcement tools (ss 8, 11, 14, 18).\n- Trade‑offs: the Act shifts long‑tenure compensation cost onto employers and imposes compliance/administrative costs. It permits alternative employer schemes and Ministerial approvals which can reduce administrative duplication but create discretion and potential negotiation/monitoring costs. The averaging rules protect employees with variable hours/pay but impose calculation burden on employers and create scope for disputes (s 11). The Act limits employer avoidance by forbidding acts intended to evade obligations but relies on investigative and prosecutorial enforcement rather than administrative levies or a funded benefits scheme (ss 15, 17, 18)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing long service leave entitlements to Northern Territory employees. While it has been amended multiple times (as shown in the endnotes) to update references to other laws and refine calculation methods, the core scope — 10-year qualifying period, 1.3 weeks per year entitlement, and basic protections against evasion — has remained consistent since 1981. The amendments appear to be maintenance updates rather than expansions into new policy areas."},"complexity_factors":["Mathematical formula for calculating pay (RP x HWW x 1.3) with multiple defined variables requiring year-by-year calculations","Nested conditions for eligibility: 10-year threshold, 7-year fallback for specific circumstances, and serious misconduct exceptions that reduce entitlements proportionally","Deeming provisions (legal fictions) for continuity of service covering military service, apprenticeships, industrial disputes, business transfers, and related corporations","Multiple exclusion clauses: other laws, awards, honorary capacity, and Ministerial exemptions","Interaction between taking leave versus payment in lieu, with different timing and calculation rules for each","Cross-references to Commonwealth legislation (Defence Act, Corporations Act, Workplace Relations Act) for definitions and related concepts"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law giving workers the right to paid long service leave — a type of extended paid holiday you get after working for the same employer (or related businesses) for a long time.\n\n**Who it covers:**\n\n*   **Employees** in the Northern Territory, including full-time, part-time, casual, and pieceworkers (people paid per item they produce), as well as apprentices.\n*   It **does not cover** people who already get long service leave under another law, an industrial award (a legally binding pay and conditions document), or people working in an honorary (volunteer) capacity.\n\n**The core deal:**\n\n*   After **10 years of continuous service** with one employer, you get **1.3 weeks of paid leave for every year worked**.\n*   After that first 10-year block, you get another chunk of leave every **5 years**.\n*   If you leave after **7 years but before 10**, you can still get paid out if you retire, are made redundant (not sacked for serious misconduct), or leave due to illness or pressing personal circumstances.\n*   If you're sacked for **serious misconduct**, you lose some or all of your leave entitlement depending on how long you worked.\n\n**How pay is calculated:**\n\nYour payout is based on your **hourly rate** × **hours worked per week** × **1.3 weeks**, calculated separately for each year of service. This includes allowances and bonuses, but excludes overtime and certain remote area allowances.\n\n**Key protections:**\n\n*   Employers must keep detailed records of your service and leave.\n*   You can't work another paid job while on long service leave.\n*   Employers can't dodge their obligations by sacking you just before you hit a milestone or by restructuring their business — the law sees through these tricks and counts your service as continuous.\n*   If a business is sold or transferred, your service usually carries over to the new employer.\n\n**Why it matters:**\n\nThis law ensures long-term workers get a significant paid break (or payout) as a reward for loyalty. It prevents employers from avoiding this obligation through technicalities, and it provides a safety net for workers who leave near the 10-year mark through no fault of their own."}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-act-1981","history":"/api/acts/long-service-leave-act-1981/history","analysis":"/api/acts/long-service-leave-act-1981/analysis","conflicts":"/api/acts/long-service-leave-act-1981/conflicts","importantCases":"/api/acts/long-service-leave-act-1981/important-cases","documents":"/api/acts/long-service-leave-act-1981/documents"}}