{"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":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces earlier Long Service Leave Ordinances (s 3) and includes savings and transitional rules preserving prior grants and credits (s 4–5). It applies to employment in the Territory on or after commencement but excludes persons covered by other laws or awards (s 6(1)–(2)). The Act therefore re‑frames coverage and procedures compared with the repealed Ordinances (preserving existing credits while establishing the current entitlement, calculation and enforcement framework), and adds ministerial discretion to approve or exempt alternative schemes (s 8(5), s 13), which changes the administrative and compliance scope relative to the earlier instruments."},"complexity_factors":["Detailed monetary calculation rule using current rate of pay and year‑by‑year hours (s 11(2)–(5))","Multiple, specific continuity‑of‑service exceptions and deeming rules (s 12(2)–(9))","Differentiated exit rules (full entitlement, pro rata on limited grounds, reduced on serious misconduct) (s 10(1), s 10(1A)–(2))","Inclusion/exclusion rules for types of pay and allowances that affect the base pay (s 7(2))","Ministerial discretion to approve, revoke or exempt alternative schemes (s 8(5), s 8(5A), s 13) creating variable coverage","Recordkeeping and inspection obligations with retention periods and criminal/regulatory penalties (s 14–15, s 18, s 18A)","Interactions with other laws, awards and corporate restructures (exclusions in s 6(2); related corporations and business transfers in s 12(6)–(9))","Transitional and savings rules tied to repealed ordinances that affect historical entitlements (s 3–5)"],"plain_english_summary":"What this law does, simply\n\n- The Act sets out when and how employees in the Northern Territory (NT) get long service leave (LSL). It gives an entitlement, tells employers how to calculate and pay for the leave, lists who is covered or excluded, and creates record‑keeping, investigation and penalty powers for enforcement.\n\nWho it affects\n\n- Employers operating in the NT pay the cost and comply with record and reporting rules (see s 10, s 11, s 14, s 15). Employees covered by the Act are persons employed in the Territory unless they are covered by another law or an industrial award (s 6(1)–(2)). The Act also preserves LSL grants made under the repealed ordinances (s 3–5).\n\nCore mechanics (how it works)\n\n- Entitlement: An employee with at least 10 years continuous service with the same employer is entitled to LSL at a rate of 1.3 weeks for each completed year of continuous service (s 8(1)–(3)). After the first 10 years, further leave accrues after each subsequent 5 years (s 8(3)).\n\n- Payment timing and calculation: Employers must pay either before leave begins (usual rule) or as otherwise agreed; on termination the employer must pay the employee the amount for the employee's accrued leave (s 11(6)–(7), s 10(1)). The cash amount for each completed year is calculated by the formula RP x HWW x 1.3 where RP is the employee's rate of pay immediately before taking leave or ceasing employment and HWW is the hours of work per week for the year (s 11(2)–(3)). The Act gives worked examples (s 11(4)–(5)).\n\n- Special exit rules: Employees who leave after 7–<10 years may be paid a pro rata amount in limited circumstances (retirement age, employer termination not for serious misconduct, illness/incapacity, or pressing necessity) (s 10(2)). If employment ends for serious misconduct, payment in lieu is limited to amounts calculated on completed milestone periods (s 10(1A)). On death, the personal representative can claim the amount that would otherwise have been payable (s 10(3)).\n\n- Qualifying service and continuity: The Act defines qualifying service and lists specific periods that do not break continuity (certain military service, apprenticeship re‑employment within 12 months, industrial dispute returns, transfers between related corporations, business transfers) and when absences do not count (s 12(1)–(9)). It also prevents double‑crediting of the same period (s 6(4); s 7(6)).\n\n- Limits on contracts and employer actions: The Act overrides any employment agreement that provides less favourable LSL rights (s 17(1)). Employers must not take actions that avoid or frustrate the Act's operation (s 17(2)).\n\n- Discretion and alternative arrangements: The Minister may approve employee–employer agreements that provide benefits no less favourable than the Act (s 8(5)) and may exempt an employer or class of employers from the Act where there is an equivalent employer‑run scheme (s 13). The Minister may revoke such approvals (s 8(5A)).\n\n- Administrative and enforcement regime: Employers must keep specified leave and pay records (retain 3 years or 6 years in death cases) and must not make misleading entries (s 14). An authorised person may inspect records and investigate compliance; employers must produce records on request (s 15). Breaching the Act attracts a maximum penalty of 8 penalty units or 6 months imprisonment, and courts can order payment of amounts owed (s 18). There is a 3‑year time limit to start prosecutions for offences (s 18A). The Administrator can make regulations (s 19).\n\nOfficial stated purpose and how the Act’s design produces costs and incentives\n\n- The Act’s stated purpose in its title is to provide for grant of LSL to certain employees. Mechanically, that purpose is implemented by creating minimum statutory entitlements and by removing contractual or award terms that would give employees less (s 8; s 17(1)).\n\n- Who pays: Employers bear the direct cost of paid leave and must make lump‑sum payments on termination where applicable (s 11; s 10). They also carry administrative costs from keeping records (s 14) and producing them for inspection (s 15).\n\n- Incentives for employers: Because the Act prevents contracts offering less favourable LSL terms (s 17(1)), and criminalises conduct to avoid obligations (s 17(2); s 18), the Act reduces the scope for employers to substitute cheaper arrangements unless the Minister approves an alternative that is no less favourable (s 8(5)). The Minister’s power to exempt or approve alternatives (s 8(5), s 13) creates a formal route for employers to seek different schemes; such discretion concentrates benefit potential on parties that successfully engage the Minister.\n\n- Cash‑flow and operational effects: Employers must often make lump sum payments before leave (s 11(6)) or upon termination (s 11(7)), which can create short‑term cash outflows for businesses, particularly for long‑standing employees. The leave accrual formula ties payments to recent pay rates (s 11(3)), increasing cost if pay has risen.\n\n- Compliance burden and enforcement risk: Recordkeeping obligations (s 14(1)–(2)), inspection powers (s 15), and criminal sanctions (s 18) impose compliance costs and enforcement risk on employers. The 3‑year limitation for prosecution (s 18A) sets the retrospective exposure window.\n\nTrade‑offs, implementation risks and potential substitution effects\n\n- Calculation complexity: The rate calculation uses current pay and average weekly hours for each year (s 11(3), s 11(1)), which can be administratively complex where hours vary or remuneration includes commission or mixed payment methods (s 11(1)(b); s 7(2)). This increases administration costs and the risk of calculation errors.\n\n- Discretion and heterogeneity: Ministerial discretion to approve alternatives and grant exemptions (s 8(5), s 8(5A), s 13) allows flexibility but also concentrates decision power in the executive—compliance pathways vary between employers depending on access to approvals.\n\n- Behavioural effects: Prohibitions on other remunerative employment during LSL for work of the same kind (s 16) limit employees’ outside income choices during leave. The Act also treats business transfers and related corporations so service continuity is preserved in many cases (s 12(6)–(9)), reducing employer ability to avoid liabilities by reorganising businesses, but requiring legal assessment in complex corporate restructures.\n\nOther notable features\n\n- Transitional rules preserve prior entitlements and credits from repealed ordinances (s 4–5).\n- The Act excludes persons covered by other laws or awards (s 6(2)(a)–(b)).\n\nBottom line (mechanical view)\n\n- The Act creates a statutory LSL entitlement for qualifying employees in the NT, fixes a formula for calculating pay, places payment and recordkeeping obligations on employers, limits contractual opt‑outs that are less favourable, and gives Ministers tools to approve or exempt alternative schemes. These mechanisms shift direct cost to employers, impose compliance and administrative responsibilities, and create decision points where ministerial discretion can alter coverage for specific employers or agreements (s 8(5), s 13)."},"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."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/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"}}