{"id":"a-2009-25","name":"Long Service Leave (Portable Schemes) Act 2009","slug":"long-service-leave-portable-schemes-act-2009","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"25 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23893,"registerId":"act-a-2009-25-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 What is a covered industry? 4\n7 Who is an employer? 4\n8 Who is a worker? 6\n9 Who is an employee? 6\n10 Who is a voluntary member? 7\n11 What is work? 8\n\nPage\ncontents 2 Long Service Leave (Portable Schemes) Act 2009\n12 Declarations by Minister—additional coverage of Act 9\n13 Declarations by Minister—limitation to coverage of Act 10\n14 Meaning of day 10\n15 Meaning of registration day 11\n15A Entitlement to long service leave 11\n30 Employers registration 13\n31 Application for registration by employers 13\n32 Dealing with applications for registration as employer 14\n34 Registration as employer 14\n35 Certificate of registration for employers 14\n36 Registered employer to notify change of details 15\n37 Appeals against refusal to register as employer 15\n38 Order to apply for registration 16\n39 Workers register 17\n40 Applications for registration by workers 17\n41 Application by employers for registration of employee 17\n42 Dealing with applications for registration as worker 18\n43 Notice of registrar decisions 18\n44 Registrar may register employee without application 19\n45 Appeals against refusal to register as worker 19\n46 Registration as worker 20\n47 Service credit—employee’s prior service 20\n47A Service credit—unreported service 21\n48 Service credit—voluntary member’s prior service 22\n48A Meaning of quarter 24\n49 Quarterly returns by employers 24\n49A Late fee—quarterly return 25\n50 Levy payments by employers 26\n51 Determination of levy—employers 26\n\nPage\ncontents 3\n52 Interest payable on levy payment 27\n53 Interest rate 28\n54 Quarterly returns by voluntary members 28\n55 Levy payments by voluntary members 29\n56 Determination of levy—voluntary members 29\n56A Minor changes to levy—employers and voluntary members 30\n57 Employers to keep records 31\n58 Registered voluntary members to keep records 31\nPart 5A Liability of company directors to pay levy\n58A Application—pt 5A 33\n58B Liability of directors to pay levy 34\n59 Particulars to be entered in workers register 35\n60 Review of ordinary remuneration by governing board 35\n61 Notice of governing board decisions on review of ordinary\nremuneration 36\n62 Effect of variation of ordinary remuneration 37\n63 Variation of ordinary remuneration—payment of additional amounts 38\n64 Service credit—registered worker’s service 39\n65 Removing people from workers register 39\n66 Re-registration in workers register 40\nPart 7 Access to long service leave register\ninformation\n67 Information for registered workers 42\n68 Information for employers 42\n69 Certified copies of long service leave registers 43\n70 Definitions—pt 8 44\n71 Appointment of inspectors 44\n72 Identity cards 44\n73 Power to enter premises 45\n74 Production of identity card 46\n\nPage\ncontents 4 Long Service Leave (Portable Schemes) Act 2009\n75 Consent to entry 46\n76 Power to obtain, inspect and copy records 47\n76A Abrogation of privilege against self-incrimination 48\n76B Warning to be given 49\n77 Damage etc to be minimised 49\n78 Compensation for exercise of enforcement powers 50\n79 Enforcement of obligations 50\n79A Establishment of authority 52\n79B Authority not territory instrumentality etc 52\n79C Functions of authority 52\n79D Delegation by authority 53\n79E Establishment of governing board 53\n79F Governing board members 53\n79G Deputy chair 54\n79H Deputy registrar 55\n79I Functions of governing board 55\n79J Meaning of staff of the authority—pt 8A 56\n79JA Employment of staff 56\n79JB Consultants 56\n79JC Delegation by registrar 56\n79JD Other arrangements for staff and facilities 57\n79K Money of authority 57\n79L Application of authority money 57\n79M Authority money—separate funds for covered industries 58\n79N 3-yearly investigation by actuary 58\nPart 9 Notification and review of decisions\n80 Definitions—pt 9 59\n80A Internal review of certain decisions 59\n\nPage\ncontents 5\n80B Applications for internal review 59\n80C Internal review 60\n81 Reviewable decision notices 60\n82 Review of decisions by ACAT 60\n83 Evidentiary certificates 61\n84 Disclosure of information to territory entities and reciprocal authorities 61\n86 No contracting out 62\n88 Benefits under other laws—election 62\n89 Benefits under other laws—reimbursement of employer 63\n89A Authority reimbursement of certain payments 64\n90 Reciprocal agreements for corresponding laws 64\n91 Determination of fees 65\n93 Regulation-making power 65\n97A Transitional—entitlement to payment instead of leave 65\n97B Transitional—entitlement to payment instead of leave for person who\nbecame registered worker on or after 1 July 2012 66\nPart 12 Transitional—contract cleaning industry\n110 Definitions—pt 12 67\n111 Registered employers and workers 67\n112 Applications for registration 67\n113 Service credit 68\n114 Transitional regulations 68\n115 Expiry—pt 12 69\nSchedule 1 Long service leave payments—building and\nconstruction industry 70\n1.1 What is the building and construction industry? 70\n1.2 What is building and construction work? 72\n1.3 Recognised service—building and construction industry 72\n1.4 Service credit—building and construction industry—s 64 73\n1.4A Service period—building and construction industry 73\n1.5 Long service leave formula—building and construction industry 74\n\nPage\ncontents 6 Long Service Leave (Portable Schemes) Act 2009\n1.6 Amount of leave—building and construction industry 75\n1.7 Grant of leave by employers—building and construction industry 75\n1.8 Entitlement to payment instead of leave—building and construction\nindustry 76\n1.9 Payment for leave—building and construction industry 77\n1.10 Payment instead of leave—building and construction industry 78\n1.11 How are leave payments worked out for the building and construction\nindustry? 79\n1.12 Leave payments for service as registered employee—building and\nconstruction industry 80\n1.13 Leave payments for service as registered voluntary member—building\nand construction industry 82\n1.14 Payment by authority on reciprocal authority’s behalf—building and\nconstruction industry 83\n1.15 Payments by reciprocal authority on authority’s behalf—building and\nconstruction industry 83\n1.17 Records of payments and service—building and construction industry 84\n1.18 Public holidays not to count as leave—building and construction\nindustry 85\n","sortOrder":0},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Long service leave payments—services","content":"Schedule 2 Long service leave payments—services\nindustry 86\n2.1 What is the services industry? 86\n2.2 What is services work? 87\n2.3 Recognised service—services industry 88\n2.4 Service credit—services industry—s 64 89\n2.4A Service period—services industry 89\n2.5 Long service leave formula—services industry 90\n2.6 Amount of leave—services industry 90\n2.7 Grant of leave by employers—services industry 91\n2.8 Entitlement to payment instead of leave—services industry 92\n2.9 Payments for leave—services industry 93\n2.10 Payments instead of leave—services industry 94\n2.11 How are leave payments worked out for the services industry? 95\n2.12 Leave payments for service as registered employee—services\nindustry 96\n\nPage\ncontents 7\n2.13 Leave payments for service as registered voluntary member—services\nindustry 97\n2.14 Payments by authority on reciprocal authority’s behalf—services\nindustry 98\n2.15 Payments by reciprocal authority on authority’s behalf—services\nindustry 99\n2.17 Records of payments and service—services industry 99\n2.18 Public holidays not to count as leave—services industry 100\n","sortOrder":1},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Long service leave payments—community","content":"Schedule 3 Long service leave payments—community\nsector industry 101\n3.1 What is the community sector industry? 101\n3.2 What is community sector work? 102\n3.3 Recognised service—community sector industry 102\n3.4 Court or tribunal—not employer 103\n3.5 Service credit—community sector industry—s 64 103\n3.5A Service period—community sector industry 104\n3.6 Long service leave formula—community sector industry 105\n3.7 Amount of leave—community sector industry 105\n3.8 Grant of leave by employers—community sector industry 105\n3.9 Entitlement to payment instead of leave—community sector industry 107\n3.10 Payments for leave—community sector industry 108\n3.11 Payments instead of leave—community sector industry 108\n3.12 How are leave payments worked out for the community sector\nindustry? 109\n3.13 Leave payments for service as registered employee—community\nsector industry 110\n3.14 Leave payments for service as registered voluntary member—\ncommunity sector industry 112\n3.15 Payments by authority on reciprocal authority’s behalf—community\nsector industry 113\n3.16 Payments by reciprocal authority on authority’s behalf—community\nsector industry 113\n3.18 Records of payments and service—community sector industry 114\n3.19 Public holidays etc not to count as leave—community sector industry 114\n\nPage\ncontents 8 Long Service Leave (Portable Schemes) Act 2009\n","sortOrder":2},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Long service leave payments—security","content":"Schedule 4 Long service leave payments—security\nindustry 116\n4.1 What is the security industry? 116\n4.2 What is security work? 116\n4.3 Recognised service—security industry 117\n4.4 Court or tribunal—not employer 117\n4.5 Service credit—security industry—s 64 117\n4.5A Service period—security industry 118\n4.6 Long service leave formula—security industry 119\n4.7 Amount of leave—security industry 119\n4.8 Grant of leave by employers—security industry 120\n4.9 Entitlement to payment instead of leave—security industry 121\n4.10 Payments for leave—security industry 122\n4.11 Payment instead of leave—security industry 123\n4.12 How are leave payments worked out for the security industry? 123\n4.13 Leave payments for service as registered employee—security industry 125\n4.14 Leave payments for service as registered voluntary member—security\nindustry 126\n4.15 Payments by authority on reciprocal authority’s behalf—security\nindustry 127\n4.16 Payments by reciprocal authority on authority’s behalf—security\nindustry 127\n4.18 Records of payments and service—security industry 128\n4.19 Public holidays not to count as leave—security industry 129\nSchedule 5 Reviewable decisions 130\nDictionary 134\n1 About the endnotes 139\n2 Abbreviation key 139\n3 Legislation history 140\n\nPage\ncontents 9\n4 Amendment history 144\n5 Earlier republications 161\n6 Expired transitional or validating provisions 164\n\nAn Act to provide for the portability of long service entitlements in certain\nindustries, and for other purposes\n\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Long Service Leave (Portable Schemes) Act 2009.\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘reviewable decision, for part 9\n(Notification and review of decisions)—see section 80.’ means that the\nterm ‘reviewable decision’ is defined in that section for part 9.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"What is a covered industry?","content":"6 What is a covered industry?\nEach of the following is a covered industry:\n(a) the building and construction industry;\n(b) the services industry;\n(c) the community sector industry;\n(d) the security industry.\nNote 1 Building and construction industry—see sch 1, s 1.1.\nNote 2 Services industry—see sch 2, s 2.1.\nNote 3 Community sector industry—see sch 3, s 3.1.\nNote 4 Security industry—see sch 4, s 4.1.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Who is an employer?","content":"7 Who is an employer?\n(1) A person is an employer, for a covered industry, if the person—\n(a) either—\n(i) for the hairdressing and beauty services industry or the\naccommodation and food services industry—conducts\nbusiness in the ACT for the predominant purpose of\nengaging in the industry; or\n(ii) for any other industry—engages, in any way and to any\nextent, in the industry in the ACT; and\n(b) either—\n(i) employs someone else (whether in the ACT or elsewhere)\nto carry out work of the kind usually done in the industry;\nor\n\n(ii) is declared to be an employer for the industry under\nsection 12 (Declarations by Minister—additional coverage\nof Act).\nNote An employer for a covered industry must apply for registration under\ns 31.\n(2) Also, a person is an employer for a covered industry if—\n(a) the person employs or engages someone else (a worker) to carry\nout work in the industry for another person engaged in the\nindustry in the ACT for a fee or reward; and\n(b) there is no contract to carry out the work between the worker\nand the person for whom the work is carried out.\nNote This section does not make an employment agent the employer of those\nfor whom the agency finds work if the workers are engaged directly by\nthe person for whom the work is to be carried out.\n(3) However, the following are not employers:\n(a) the Territory;\n(b) the Commonwealth;\n(c) the Australian National University;\n(d) the University of Canberra;\n(e) for a stated covered industry—an entity prescribed in the\ncovered industry schedule for the covered industry;\n(f) a person declared not to be an employer for the industry under\nsection 13;\n\n(g) a person prescribed by regulation.\nNote 1 Covered industry schedule—see the dictionary.\nNote 2 Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Who is a worker?","content":"8 Who is a worker?\nEach of the following is a worker for a covered industry:\n(a) an employee for the industry;\n(b) a voluntary member for the industry.\nNote 1 An individual may be declared by the Minister to be an employee or a\nvoluntary member for a covered industry (see s 12).\nNote 2 An individual may be declared by the Minister not to be an employee or\na voluntary member for a covered industry (see s 13).\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Who is an employee?","content":"9 Who is an employee?\n(1) An individual is an employee for a covered industry if the\nindividual—\n(a) is—\n(i) employed by an employer for the industry (whether in the\nACT or elsewhere); or\n(ii) declared to be an employee for the industry under\nsection 12; and\n(b) is not declared not to be an employee for the industry under\nsection 13.\nemployed includes employed as—\n(a) a full-time employee; or\n\n(b) a part-time employee; or\n(c) a casual employee; or\n(d) a person remunerated at piecework rates or completely or partly\nby commission; or\n(e) an apprentice.\nNote For this Act, an individual declared to be an employee of a stated\nemployer is taken to be employed by the employer (see s 12 (5)).\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Who is a voluntary member?","content":"10 Who is a voluntary member?\n(1) An individual is a voluntary member for a covered industry if—\n(a) the individual is—\n(i) a contractor; or\n(ii) a working director; or\n(iii) declared to be a voluntary member for the industry under\nsection 12; and\n(b) the individual is not declared not to be a voluntary member for\nthe industry under section 13.\ncontractor means an individual (other than an employee) who carries\nout work in the industry for another person for fee or reward on the\nindividual’s own account.\nworking director means a person who is both a director and an\nemployee of a company.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"What is work?","content":"11 What is work?\nwork, in a covered industry—\n(a) means one of the following:\n(i) building and construction work;\n(ii) services work;\n(iii) community sector work;\n(iv) security work;\n(v) work, or an activity, declared to be work under section 12;\nbut\nNote 1 Building and construction work—see sch 1, s 1.2.\nNote 2 Services work—see sch 2, s 2.2.\nNote 3 Community sector work—see sch 3, s 3.2.\nNote 4 Security work—see sch 4, s 4.2.\n(b) includes work in a covered industry carried out outside the ACT\nonly if—\n(i) if the work is carried out by an employee—the employer—\n(A) gives the authority a quarterly return under section 49\nin relation to the work; and\n(B) pays the authority the levy payable by the employer\nunder section 50 for the quarter; and\n(ii) if the work is carried out by a voluntary member—the\nvoluntary member—\n(A) gives the authority a quarterly return under section 54\nin relation to the work; and\n\n(B) pays the authority the levy payable by the voluntary\nmember under section 55 for the quarter; and\n(c) does not include work or an activity declared not to be work for\nthe industry under section 13.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Declarations by Minister—additional coverage of Act","content":"12 Declarations by Minister—additional coverage of Act\n(1) This section applies if the Minister is satisfied on reasonable grounds\nthat the Act should apply to a person or work or an activity to which\nthe Act does not apply.\n(2) The Minister may declare, for this Act—\n(a) a person to be an employer for a covered industry; or\n(b) a person to be an employee, or an employee of a stated\nemployer, for a covered industry; or\n(c) a person to be a voluntary member for a covered industry; or\n(d) work, or an activity, to be work in a covered industry.\n(3) However, the Minister may only make a declaration that is consistent\nwith the objects of the Act.\n(4) A declaration must state the following:\n(a) the person or work to which the declaration applies;\n(b) any conditions of the declaration.\nNote Power to make a statutory instrument includes power to make different\nprovision in relation to different matters or different classes of matters,\nand to make an instrument that applies differently by reference to stated\nexceptions or factors (see Legislation Act, s 48).\n(5) A person declared to be an employee of a stated employer is taken to\nbe employed by the employer.\n(6) A declaration is a disallowable instrument.\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Declarations by Minister—limitation to coverage of Act","content":"13 Declarations by Minister—limitation to coverage of Act\n(1) This section applies if the Minister is satisfied on reasonable grounds\nthat the Act should not apply to a person or work or an activity to\nwhich the Act applies.\n(2) The Minister may declare, for this Act—\n(a) a person not to be an employer for a covered industry; or\n(b) a person not to be an employee, or an employee of a stated\nemployer, for a covered industry; or\n(c) a person not to be a voluntary member for a covered industry; or\n(d) work, or an activity, not to be work in a covered industry.\n(3) However, the Minister may only make a declaration that is consistent\nwith the objects of the Act.\n(4) A declaration must state the following:\n(a) the person or work to which the declaration applies;\n(b) the period of the declaration;\n(c) any conditions of the declaration.\nNote Power to make a statutory instrument includes power to make different\nprovision in relation to different matters or different classes of matters,\nand to make an instrument that applies differently by reference to stated\nexceptions or factors (see Legislation Act, s 48).\n(5) A declaration is a disallowable instrument.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of day","content":"14 Meaning of day\nday—\n(a) in relation to a worker covered by an award or agreement—has\nthe same meaning as in the award or agreement; or\n\n(b) in relation to a worker to whom a declaration under\nsubsection (2) applies—means the period stated in the\ndeclaration; or\n(c) in any other case—means 24 hours.\n(2) For this Act, the Minister may declare a stated period to be a day for\na worker unless the work is covered by an award.\n(3) A declaration is a notifiable instrument.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of registration day","content":"15 Meaning of registration day\nregistration day—\n(a) for a worker who applies to be registered under section 40—\nmeans the day the application for registration as a worker for a\ncovered industry was received by the registrar; and\n(b) for a worker who the registrar registers under section 44—\nmeans the day the worker’s name is entered in the workers\nregister; and\n(c) for a person for whom a direction is made under\nsection 45 (3) (b)—means the day the direction is given; and\n(d) for an employer who is registered—means the day the\napplication for registration as an employer for a covered\nindustry was received by the registrar.\n","sortOrder":17},{"sectionNumber":"15A","sectionType":"section","heading":"Entitlement to long service leave","content":"15A Entitlement to long service leave\nA worker in a covered industry is entitled to long service leave\npayments in accordance with a covered industry schedule if the\nworker—\n(a) is employed or engaged by a registered employer for the covered\nNote For the registration of employers see div 4.1.\n\n(b) is a registered worker for the covered industry.\nNote For the registration of workers see div 4.2.\n\nRegistration of employers Division 4.1\n","sortOrder":18},{"sectionNumber":"30","sectionType":"section","heading":"Employers registration","content":"30 Employers registration\n(1) The authority must keep a register of registered employers for each\ncovered industry (an employers register).\n(2) The register may be kept in any form, including electronically, that\nthe authority decides.\n(3) The registrar may correct a mistake, error or omission in the\nemployers register.\n(4) The registrar may change a detail included in the register to keep the\nregister up-to-date.\n","sortOrder":19},{"sectionNumber":"31","sectionType":"section","heading":"Application for registration by employers","content":"31 Application for registration by employers\n(1) An employer for a covered industry must apply to the registrar for\nregistration on the employers register not later than—\n(a) 1 month after becoming an employer for the industry; or\nNote 1 Under this part, applications may be made, and notice may be given,\nelectronically in certain circumstances (see Electronic Transactions\nAct 2001).\nNote 2 The registrar may extend the time for registration on application by the\nemployer before or after the period in s (1) (a) ends (see Legislation Act,\ns 151C).\n\n","sortOrder":20},{"sectionNumber":"32","sectionType":"section","heading":"Dealing with applications for registration as employer","content":"32 Dealing with applications for registration as employer\n(1) This section applies if a person applies to the registrar under\nsection 31 for registration as an employer for a covered industry.\n(2) The registrar must—\n(a) register the person as an employer for the industry if satisfied\nthe person is an employer for the industry; or\n(b) in any other case—refuse to register the person as an employer\n","sortOrder":21},{"sectionNumber":"34","sectionType":"section","heading":"Registration as employer","content":"34 Registration as employer\nA person is registered as an employer for a covered industry when the\nregistrar enters the following particulars in the employers register for\nthe industry:\n(a) the person’s name and address;\n(b) the person’s trading name (if any);\n(c) the person’s ABN (if any);\n(d) the address of the person’s principal place of business;\n(e) if the person is a corporation—the corporation’s ACN;\n(f) the person’s registration day as an employer;\n(g) any other relevant particulars the governing board reasonably\nNote Registration day—see s 15.\n","sortOrder":22},{"sectionNumber":"35","sectionType":"section","heading":"Certificate of registration for employers","content":"35 Certificate of registration for employers\n(1) The registrar must give a person registered as an employer for a\ncovered industry a certificate of registration that includes—\n(a) the registration particulars mentioned in section 34; and\n\nRegistration of employers Division 4.1\n(b) the person’s registration day.\nNote 1 The certificate must be given to the employer as soon as possible after\nthe employer is registered (see Legislation Act, s 151B).\nNote 2 Registration day—see s 15.\n(2) If satisfied that an employer’s certificate of registration has been\nstolen, lost or destroyed, the registrar must give the employer a\nreplacement certificate of registration.\n(3) An employer’s certificate of registration is evidence of the matters\nstated in the certificate.\n","sortOrder":23},{"sectionNumber":"36","sectionType":"section","heading":"Registered employer to notify change of details","content":"36 Registered employer to notify change of details\n(1) If the details shown on a registered employer’s certificate of\nregistration change, the employer must, not later than 7 days after the\nday the change happens—\n(a) tell the registrar, in writing, of the change; and\n(b) return the certificate to the registrar.\nMaximum penalty: 5 penalty units.\n(3) The registrar must give the employer an amended certificate of\nregistration.\n","sortOrder":24},{"sectionNumber":"37","sectionType":"section","heading":"Appeals against refusal to register as employer","content":"37 Appeals against refusal to register as employer\n(1) This section applies if the registrar refuses to register a person as an\nemployer under section 32 (Dealing with applications for registration\nas employer).\n(2) The applicant for registration may apply to the governing board for\nreview of the registrar’s decision.\n\n(3) The application must be in writing and be made not later than\n2 months after the day notice of the decision is received by the\napplicant.\n(4) If an application is made under subsection (2), the governing board\nmust—\n(a) if satisfied that the person to whom the application relates is an\nemployer for a covered industry—direct the registrar to register\nthe person as an employer for the covered industry; or\n(b) in any other case—confirm the registrar’s decision to refuse\nregistration.\n(5) The governing board must give the applicant written notice of the\ndecision not later than 7 days after the day the decision is made.\n","sortOrder":25},{"sectionNumber":"38","sectionType":"section","heading":"Order to apply for registration","content":"38 Order to apply for registration\n(1) If a court convicts a person, or finds the person guilty, of an offence\nagainst section 31 (Application for registration by employers), the\ncourt may, in addition to imposing a penalty on the person, order the\nperson to—\n(a) apply to the registrar for registration as an employer for a\ncovered industry within a stated time; and\n(b) pay the governing board the amount that would have been\npayable by the person under section 50 (Levy payments by\nemployers) or section 55 (Levy payments by voluntary\nmembers) if the person had complied with this Act since\nbecoming an employer.\n(2) A person who contravenes an order under subsection (1) commits an\noffence.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n\n","sortOrder":26},{"sectionNumber":"39","sectionType":"section","heading":"Workers register","content":"39 Workers register\n(1) The authority must keep a register of registered workers for each\ncovered industry (a workers register).\n(2) The register may be kept in any form, including electronically, that\nthe authority decides.\n(3) The registrar may correct a mistake, error or omission in the workers\nregister.\n(4) The registrar may change a detail included in the register to keep the\nregister up-to-date.\n","sortOrder":27},{"sectionNumber":"40","sectionType":"section","heading":"Applications for registration by workers","content":"40 Applications for registration by workers\nA person may apply to the registrar for registration as a worker for a\n","sortOrder":28},{"sectionNumber":"41","sectionType":"section","heading":"Application by employers for registration of employee","content":"41 Application by employers for registration of employee\n(1) This section applies if a person—\n(a) is an employee of an employer for a covered industry; and\n(b) is not registered under this Act; and\n(c) does not apply for registration under section 40 before the end\nof 3 months after the day the person starts to work for the\n(2) The employer must register the employee at the time the employer\nnext submits a quarterly return under section 49 (Quarterly returns by\nemployers).\n\n","sortOrder":29},{"sectionNumber":"42","sectionType":"section","heading":"Dealing with applications for registration as worker","content":"42 Dealing with applications for registration as worker\n(a) a person applies under section 40 for registration as a worker for\na covered industry; or\n(b) an employer applies under section 41 for the registration of a\nperson as a worker for a covered industry.\n(2) The registrar must—\n(a) if satisfied that the person is a worker for the covered industry—\nregister the person as a worker for the industry; or\n(b) in any other case—refuse to register the person as a worker for\nthe industry.\n","sortOrder":30},{"sectionNumber":"43","sectionType":"section","heading":"Notice of registrar decisions","content":"43 Notice of registrar decisions\n(1) The registrar must, not later than 7 days after making a decision under\nsection 42, give written notice of the decision to—\n(a) the applicant for registration; and\n(b) for an employer application—the person in relation to whom the\n(2) If the registrar’s decision is to register the person as a worker for a\ncovered industry, the notice must state the person’s registration day.\n(3) If the registrar’s decision is to refuse to register the person as a\nworker, the notice must include—\n(a) an explanation for the decision; and\n(b) a statement of the effect of section 45.\n\n","sortOrder":31},{"sectionNumber":"44","sectionType":"section","heading":"Registrar may register employee without application","content":"44 Registrar may register employee without application\nThe registrar may register a person as a worker if—\n(a) the person is not registered as a worker; and\n(b) the registrar—\n(i) becomes aware of information (other than because of an\napplication under section 40) indicating that the person is,\nor was, a worker for a covered industry; and\n(ii) is satisfied that the person should be registered as a worker\na return under s 49 shows the person as an employee for a covered industry\nNote The registration day for a worker registered under this section is the day\nthe person’s name is entered on the workers register (see s 15).\n","sortOrder":32},{"sectionNumber":"45","sectionType":"section","heading":"Appeals against refusal to register as worker","content":"45 Appeals against refusal to register as worker\n(1) This section applies if the registrar refuses to register a person as a\nworker for a covered industry under section 42 (Dealing with\napplications for registration as worker).\n(2) The following people may apply to the governing board for review of\nthe registrar’s decision:\n(a) the applicant for registration;\n(b) for an employer application—the person in relation to whom the\n(3) If an application is made under subsection (2), the governing board\nmust—\n(a) confirm the registrar’s decision to refuse registration; or\n(b) direct the registrar to register the person as a worker.\n\n(4) The governing board must give the person written notice of the\ndecision not later than 7 days after the day the decision is made.\n","sortOrder":33},{"sectionNumber":"46","sectionType":"section","heading":"Registration as worker","content":"46 Registration as worker\n(1) A person is registered as a worker for a covered industry when the\nregistrar enters the following particulars in the workers register for\nthe industry:\n(a) the person’s name, address and date of birth;\n(b) the name and address of the principal place of business of the\nperson’s employer (if any);\n(c) the person’s registration day as a worker;\n(d) any other relevant particulars the governing board reasonably\n(2) However, a person is taken to become a registered worker on the\nperson’s registration day as a worker.\nNote Registration day—see s 15.\n","sortOrder":34},{"sectionNumber":"47","sectionType":"section","heading":"Service credit—employee’s prior service","content":"47 Service credit—employee’s prior service\n(1) This section applies in relation to an employee’s service in a covered\nindustry for work done in the industry before the employee became a\nregistered worker for the industry.\n(2) The registrar may credit the employee with 1 day of service in the\nworkers register for the covered industry for each day of the service\nif the employee’s employer has, in relation to the employee for the\nday, given the authority—\n(a) a return under section 49 (Quarterly returns by employers) that\nincludes the employee; and\n(b) payment of the levy under section 50 (Levy payments by\nemployers) for the return.\n\n(3) If subsection (2) does not apply, the registrar may credit the employee\nwith 1 day of service in the workers register for the covered industry\nfor each day of the employee’s service in the covered industry, up to\na maximum of 1 year, before the employee’s registration if the\nregistrar is satisfied that the person was employed in the covered\nThe registrar is satisfied that Joe, before his registration day, had separate periods\nof service as an employee in the services industry of 25 and 125 days. The registrar\nmay credit Joe in the workers register for the services industry with 150 days (being\nless than 1 year) of service.\n(4) To remove any doubt, an employee is not entitled to credit for service\nin a covered industry in relation to work done before the industry\nbecame a covered industry.\n","sortOrder":35},{"sectionNumber":"47A","sectionType":"section","heading":"Service credit—unreported service","content":"47A Service credit—unreported service\n(1) This section applies in relation to an employee’s service in a covered\nindustry for work in the industry if—\n(a) the employee is a registered worker in a covered industry; and\n(b) the employee’s employer has failed to give the authority a return\n(a quarterly return) under section 49; and\n(c) the employee’s employer ceases to trade in the ACT.\n(2) The registrar may credit the employee with 1 day of service in the\nworkers register for the covered industry for each day of the\nemployee’s service in the covered industry, up to a maximum of 1\nyear, if the registrar is satisfied that—\n(a) the employee was employed in the covered industry; and\n\n(b) a quarterly return has not been given to the authority in relation\nto the employee’s day of service.\nBelinda worked in the security industry for Moonlight Security Pty Ltd for 30 days\nin the quarter before the company ceased trading and went into liquidation without\ngiving a return to the authority for the period Belinda worked. She then started\nwork in the same covered industry for Bob the Bouncer for 45 days. Bob the\nBouncer also failed to give a return in relation to Belinda’s employment, but\ncontinues to operate in the industry. The registrar is satisfied that Belinda works as\nan employee in the security industry, and that quarterly returns have not been given\nto the authority in relation to Belinda’s employment with either employer. The\nregistrar may credit Belinda in the workers register for the security industry with\n75 days (being less than 1 year) of service.\n","sortOrder":36},{"sectionNumber":"48","sectionType":"section","heading":"Service credit—voluntary member’s prior service","content":"48 Service credit—voluntary member’s prior service\n(1) This section applies in relation to a voluntary member’s service in a\ncovered industry for work done in the industry not earlier than 1 year\nbefore the voluntary member became a registered voluntary member\n(2) The registrar may credit the voluntary member with 1 day of service\nin the workers register for the covered industry for each day\nworked—\n(a) either—\n(i) for which the voluntary member gives the board a record\nof the particulars mentioned in section 58 (1) (Registered\nvoluntary members to keep records) for the voluntary\nmember’s service; or\n(ii) if the registrar is satisfied the voluntary member worked in\nthe covered industry; and\n(b) for which the voluntary member has paid the authority the levy\ndetermined under section 56 (Determination of levy—voluntary\nmembers).\n\n(3) To remove any doubt, a voluntary member is not entitled to credit for\nservice in a covered industry in relation to work done before the\nindustry became a covered industry.\n\n","sortOrder":37},{"sectionNumber":"48A","sectionType":"section","heading":"Meaning of quarter","content":"48A Meaning of quarter\nIn this Act—\nquarter means—\n(a) if, for a particular employer, a period is agreed between the\nregistrar and the employer—the period; or\n(b) in any other case—a period of 3 months beginning on 1 January,\n1 April, 1 July or 1 October in any year.\n","sortOrder":38},{"sectionNumber":"49","sectionType":"section","heading":"Quarterly returns by employers","content":"49 Quarterly returns by employers\n(1) A person who is an employer for a covered industry during a quarter\nmust give the authority a return (a quarterly return) containing the\nrequired information for the quarter.\nNote A late fee is payable if a quarterly return is not given to the authority\nwithin the later of 1 month after the end of the quarter and any additional\ntime allowed by the registrar (see s 49A).\n(2) A person commits an offence if the person—\n(a) is required to give the authority a quarterly return for a quarter;\nand\n(b) fails to give the quarterly return to the authority within the later\nof—\n(i) 3 months after the end of the quarter; and\n(ii) any additional time the registrar allows.\n\n(3) This section does not apply in relation to an employee who carried\nout work for the employer for less than 5 days during the quarter.\nNote The defendant has an evidential burden in relation to a matter mentioned\nin s (3) (see Criminal Code, s 58).\n(5) The registrar may allow additional time under subsection (2) (b) (ii)\nbefore or after the end of the 3-month period mentioned in\nsubsection (2) (b) (i).\n(6) In this section:\nrequired information, for an employer for a quarter, means—\n(a) the name of each of the employer’s employees who carried out\nwork for the employer during the quarter; and\n(b) for each of the employer’s employees—\n(i) the total ordinary remuneration paid or payable by the\nemployer to the employee for work done during the\nquarter; and\n(ii) the number of days, or part days, during the quarter to\nwhich the remuneration relates; and\n","sortOrder":39},{"sectionNumber":"49A","sectionType":"section","heading":"Late fee—quarterly return","content":"49A Late fee—quarterly return\n(1) This section applies if an employer for a covered industry fails to give\nthe authority a quarterly return mentioned in section 49 (1) within the\nlater of—\n(a) 1 month after the end of the quarter; and\n(b) any additional time the registrar allows.\n\n(2) The employer is liable to pay to the authority a late fee of $200 for\neach month or part of a month, up to a maximum of $400, that the\nemployer fails to give the authority the quarterly return after the later\nof the periods stated in subsection (1).\n(3) However, the registrar may waive all or part of a late fee if satisfied\nthat the circumstances for the failure—\n(a) were not caused by the employer; or\n(b) make it unfair or unreasonable to charge the late fee.\n","sortOrder":40},{"sectionNumber":"50","sectionType":"section","heading":"Levy payments by employers","content":"50 Levy payments by employers\n(1) A person who is an employer for a covered industry during a quarter\nmust, when the person gives the authority a return under section 49,\npay the authority the levy payable under section 51 for the quarter.\n","sortOrder":41},{"sectionNumber":"51","sectionType":"section","heading":"Determination of levy—employers","content":"51 Determination of levy—employers\n(1) Levy is payable by employers for a covered industry on the ordinary\nremuneration paid or payable by employers to employees.\n(2) The Minister may determine the levy payable by employers for a\nNote 1 Power to make a statutory instrument (including a regulation) includes\npower to make different provision for different categories (see\nLegislation Act, s 48).\nNote 2 The governing board may determine minor changes to the levy payable\n(see s 56A).\n(3) The governing board must, from time to time, recommend in writing\nto the Minister the levy that should be payable by employers for a\n\n(4) Before making a determination, the Minister must have regard to any\nrecommendation made under subsection (3), but need not follow it.\n(5) A determination is a disallowable instrument.\n(6) For this section:\nemployee does not include an apprentice.\n","sortOrder":42},{"sectionNumber":"52","sectionType":"section","heading":"Interest payable on levy payment","content":"52 Interest payable on levy payment\n(1) This section applies if an employer for a covered industry fails to pay\nthe authority the levy payable under section 50, in relation to a return\nfor a quarter at the time the return is required to be given to the\nauthority under section 49 (1).\n(2) The employer is liable to pay to the authority interest on the amount\nof the levy unpaid, worked out daily from the end of the last day for\npayment until the day it is paid at the interest rate from time to time\nworked out under section 53.\n(3) However, the registrar may waive all or part of the interest if satisfied\nthat the circumstances for the failure—\n(a) were not caused by the employer; or\n(b) make it unfair or unreasonable to charge the premium rate\ncomponent.\n(4) If a court finds a person guilty of an offence under section 50, whether\nor not it convicts the person, the court may, whether or not it imposes\na penalty on the person, order the person to pay the authority—\n(a) the levy to which the prosecution relates; and\n(b) the interest accrued on the amount of the levy unpaid.\n\n","sortOrder":43},{"sectionNumber":"53","sectionType":"section","heading":"Interest rate","content":"53 Interest rate\n(1) The interest rate is the sum of—\n(a) the discount rate component; and\n(b) the premium rate component.\n(2) The Minister must, after consultation with the governing board, make\nguidelines for determining the interest rate components mentioned in\nsubsection (1).\n(3) A guideline is a disallowable instrument.\n(4) The governing board must—\n(a) in accordance with the guidelines, determine the interest rate;\nand\n(b) tell the Minister, in writing, about the determination.\n(5) A determination is a notifiable instrument.\n","sortOrder":44},{"sectionNumber":"54","sectionType":"section","heading":"Quarterly returns by voluntary members","content":"54 Quarterly returns by voluntary members\n(1) A person who is a registered voluntary member for a covered industry\nduring a quarter must give the authority a return containing the\nrequired information not later than—\n(a) 1 month after the end of the quarter; or\n(2) The registrar may allow a registered voluntary member up to\n2 months additional time to give the authority a return under\nsubsection (1) before or after the end of the 1-month period\nmentioned in subsection (1) (a).\n(3) A person is taken not to be registered as a voluntary member for a\ncovered industry 3 months after the day of the end of a quarter if the\nperson fails to give the authority a return within 3 months after the\nend of the quarter.\n\nrequired information, for a registered voluntary member for a\ncovered industry, means—\n(a) the number of days, or part days, during the quarter on which\nthe voluntary member carried out work in the covered industry;\nand\n(b) the voluntary member’s total ordinary remuneration for the\nwork during the quarter; and\n","sortOrder":45},{"sectionNumber":"55","sectionType":"section","heading":"Levy payments by voluntary members","content":"55 Levy payments by voluntary members\nA person who is a registered voluntary member for a covered industry\nduring a quarter must, when the person gives the authority a return\nunder section 54, pay to the authority the levy payable under\nsection 56 for the quarter.\n","sortOrder":46},{"sectionNumber":"56","sectionType":"section","heading":"Determination of levy—voluntary members","content":"56 Determination of levy—voluntary members\n(1) The Minister may determine the levy payable by registered voluntary\nmembers for a covered industry.\nNote 1 The Legislation Act, s 48 provides that a power to make a statutory\ninstrument includes the power to make an instrument about 1 or more of\nthe matters and to make different provisions with respect to different\nmatters.\nNote 2 The governing board may determine minor changes to the levy payable\n(see s 56A).\n(2) The governing board must, from time to time, recommend in writing\nto the Minister the levy that should be payable by registered voluntary\nmembers for a covered industry.\n\n(3) Before making a determination, the Minister must have regard to any\nrecommendation made under subsection (2), but need not follow it.\n(4) A determination is a disallowable instrument.\n","sortOrder":47},{"sectionNumber":"56A","sectionType":"section","heading":"Minor changes to levy—employers and voluntary","content":"56A Minor changes to levy—employers and voluntary\nmembers\n(1) Despite section 51 (2) (Determination of levy—employers) and\nsection 56 (1) (Determination of levy—voluntary members), the\ngoverning board may determine the levy payable for a covered\nindustry if—\n(a) the board would, under section 51 (3) or section 56 (2),\nrecommend a change to the current levy; and\n(b) the change, together with any other changes made to the levy in\nthe 12 months before the change is to take effect, is less than or\nequal to a variation of 40 basis points.\n(2) If the governing board determines the levy—\n(a) if the levy is payable by employers—the determination repeals\na determination made by the Minister under section 51 (2); and\n(b) if the levy is payable by registered voluntary members—the\ndetermination repeals a determination made by the Minister\nunder section 56 (1); and\n(c) the governing board must tell the Minister, in writing, about the\ndetermination.\n(3) A determination is a disallowable instrument.\n(4) Nothing in this section prevents the governing board from making a\nrecommendation under section 51 (3) or section 56 (2).\n\n","sortOrder":48},{"sectionNumber":"57","sectionType":"section","heading":"Employers to keep records","content":"57 Employers to keep records\n(1) An employer for a covered industry must keep a written record\nshowing the relevant particulars for each employee who carries out\nwork for the person.\n(2) An employer must keep the written record for 7 years after the day\nthe employee stops being employed by the employer.\nrelevant particulars, for an employee of an employer, means—\n(a) the employee’s name and date of birth; and\n(b) the nature of the work carried out by the employee; and\n(c) the employee’s ordinary remuneration for each quarter; and\n(d) the number of days worked by the employee in each quarter; and\n(e) the date when the employee began service with the employer;\nand\n(f) long service leave granted, or payment made instead of leave, to\nthe employee; and\n(g) if the employee stops service with the employer—the date the\nemployee stops service.\n","sortOrder":49},{"sectionNumber":"58","sectionType":"section","heading":"Registered voluntary members to keep records","content":"58 Registered voluntary members to keep records\n(1) A registered voluntary member for a covered industry must keep a\nwritten record of the following:\n(a) the voluntary member’s name and date of birth;\n(b) the nature of the work carried out by the voluntary member;\n\n(c) when and for whom work is carried out;\n(d) the voluntary member’s ordinary remuneration for each quarter;\n(e) the number of days worked by the voluntary member in each\nquarter.\n(2) A registered voluntary member must keep the written record for 6\nyears after the day the record is made.\n\nLiability of company directors to pay levy Part 5A\n","sortOrder":50},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Liability of company directors to","content":"Part 5A Liability of company directors to\npay levy\n","sortOrder":51},{"sectionNumber":"58A","sectionType":"section","heading":"Application—pt 5A","content":"58A Application—pt 5A\nThis part applies if—\n(a) a company (the defunct company)—\n(i) is an employer in a covered industry; and\n(ii) fails to pay the authority a levy payable by the company\nunder section 50 for a quarter; and\n(iii) disposes of property (a creditor-defeating disposition) in a\nway that has the effect of—\n(A) preventing the property becoming available for the\nbenefit of the company’s creditors in the winding-up\nof the company; or\n(B) hindering, or significantly delaying, the process of\nmaking the property available for the benefit of the\ncompany’s creditors in the winding-up of the\ncompany; and\n(iv) ceases to trade; and\n(b) another company (the phoenix company) is incorporated that—\n(i) is an employer in the covered industry; and\n(ii) conducts substantially the same business as the business\nconducted by the defunct company; and\n(c) at least 1 of the directors of the phoenix company was a director\nof the defunct company at the time the creditor-defeating\ndisposition happened.\n\nPart 5A Liability of company directors to pay levy\n","sortOrder":52},{"sectionNumber":"58B","sectionType":"section","heading":"Liability of directors to pay levy","content":"58B Liability of directors to pay levy\n(a) a person—\n(i) is a director of a phoenix company; and\n(ii) was a director of a defunct company at the time the\ncompany made a creditor-defeating disposition; and\n(b) the levy payable by the defunct company under section 50\nremains unpaid.\n(2) The authority may recover as a debt from the person—\n(a) the amount of the levy that remains unpaid; and\n(b) any interest payable under section 52 on the amount of the levy\nunpaid; and\n(c) any costs reasonably incurred by the authority in recovering the\nunpaid levy.\n(3) If 2 or more people are together and separately liable to pay an\namount under subsection (2), the authority may recover the whole of\nthe amount from them, or any of them, or any 1 of them.\ncreditor-defeating disposition—see section 58A (a) (iii).\ndefunct company—see section 58A (a).\nphoenix company—see section 58A (b).\n\n","sortOrder":53},{"sectionNumber":"59","sectionType":"section","heading":"Particulars to be entered in workers register","content":"59 Particulars to be entered in workers register\nThe registrar must enter the following particulars in the workers\nregister for a covered industry for each registered worker in the\n(a) if the worker is serving a period of apprenticeship—the date\nwhen the apprenticeship began;\n(b) if the worker is an employee—each employer for whom the\nemployee works;\n(c) the number of days of service with which the worker is credited\nunder this Act;\n(d) the total ordinary remuneration of the worker for work carried\nout by the worker;\n(e) the worker’s entitlement to long service leave;\n(f) details of the long service leave granted to, or taken by, the\nworker, or payment instead of long service leave made to the\nworker, under this Act or the Long Service Leave Act 1976;\n(g) if the worker has stopped working in the covered industry—the\ndate when the worker stopped working in the industry;\n(h) any other relevant particulars the governing board reasonably\n","sortOrder":54},{"sectionNumber":"60","sectionType":"section","heading":"Review of ordinary remuneration by governing board","content":"60 Review of ordinary remuneration by governing board\n(1) This section applies if the governing board considers that the total\nordinary remuneration for a worker stated in a return given to the\nauthority under section 49 (Quarterly returns by employers) or\nsection 54 (Quarterly returns by voluntary members) for a quarter is\ninsufficient or excessive because of the nature of the work carried out\nby the worker in the quarter.\n\n(2) The governing board must give the following people a notice that\nsummarises the person’s rights under subsection (3):\n(a) for a return under section 49—the employer who submitted the\nreturn and the employee;\n(b) for a return under section 54—the voluntary member.\n(3) Not later than 1 month after being given the notice, a person\nmentioned in subsection (2) may ask the board to take into account\nanything set out in writing about the matter.\n(4) After considering any representations under subsection (3), the\ngoverning board may—\n(a) agree that the total ordinary remuneration stated in the return for\nthe quarter is reasonable; or\n(b) fix another amount as the total ordinary remuneration of the\nworker for the quarter.\n","sortOrder":55},{"sectionNumber":"61","sectionType":"section","heading":"Notice of governing board decisions on review of","content":"61 Notice of governing board decisions on review of\nordinary remuneration\n(1) The governing board must, not later than 14 days after it makes a\ndecision under section 60 (4), give written notice of the decision to—\n(a) if the decision relates to a return under section 49 (Quarterly\nreturns by employers)—the employer who gave the return and\nthe employee; or\n(b) if the decision relates to a return under section 54 (Quarterly\nreturns by voluntary members)—the voluntary member.\n(2) If the decision is to fix another amount under section 60 (4) (b), the\nnotice must include—\n(a) the total ordinary remuneration fixed by the governing board for\nthe quarter; and\n\n(b) a statement about the effect of section 62 and section 63\n(Variation of ordinary remuneration—payment of additional\namounts).\nNote The governing board’s decision to fix another amount under s 60 (4) (b)\nis a reviewable decision (see s 80, def reviewable decision), and the board\nmust give a reviewable decision notice to the worker and, if the worker\nis an employee, the worker’s employer (see s 81).\n","sortOrder":56},{"sectionNumber":"62","sectionType":"section","heading":"Effect of variation of ordinary remuneration","content":"62 Effect of variation of ordinary remuneration\n(1) This section applies if the governing board fixes an amount (the\nvaried amount) under section 60 (4) (b) in relation to a worker.\n(2) The varied amount is taken, for this Act, to be the worker’s total\nordinary remuneration for work by the worker for the quarter.\n(3) The following provisions apply if the varied amount relates to a return\nunder section 49 (Quarterly returns by employers) by an employer of\na registered employee:\n(a) if the varied amount is more than the amount (the returned\namount) shown in the return as the total ordinary remuneration\nof the employee, the employer must pay the authority the\nadditional amount payable under section 51 (Determination of\nlevy—employers) for the employee for the quarter;\n(b) if the varied amount is less than the returned amount, the\nauthority must—\n(i) if asked by the employer to refund the overpayment of the\nlevy payable under section 51—refund the overpayment;\nor\n(ii) in any other case—credit the overpayment against future\namounts payable under section 51 by the employer.\n\n(4) The following provisions apply if the varied amount relates to a return\nunder section 54 (Quarterly returns by voluntary members) by a\nregistered voluntary member:\n(a) if the varied amount is more than the amount (the returned\namount) shown in the return as the total ordinary remuneration\nof the voluntary member, the voluntary member must pay the\nauthority the additional amount payable under section 56\n(Determination of levy—voluntary members) for the voluntary\nmember for the quarter;\n(b) if the varied amount is less than the returned amount, the\nauthority must—\n(i) if asked by the voluntary member to refund the\noverpayment of the levy payable under section 56—refund\nthe overpayment; or\n(ii) in any other case—credit the amount against future\namounts payable under section 56 by the voluntary\nmember.\n","sortOrder":57},{"sectionNumber":"63","sectionType":"section","heading":"Variation of ordinary remuneration—payment of","content":"63 Variation of ordinary remuneration—payment of\nadditional amounts\n(a) the governing board decides to fix an amount as the total\nordinary remuneration of a worker under section 60 (4) (b); and\n(b) because the governing board has fixed the amount a person must\npay an amount under section 62 (3) (a) or (4) (a).\n(2) The person must pay the amount not later than—\n(a) 1 month after the day the person receives notice under section 61\nof the governing board’s decision; or\n\n(4) The registrar may allow a person additional time to pay the amount\nunder subsection (2) before or after the end of the 1-month period\nmentioned in subsection (2) (a).\n","sortOrder":58},{"sectionNumber":"64","sectionType":"section","heading":"Service credit—registered worker’s service","content":"64 Service credit—registered worker’s service\nService to be credited in the workers register for a registered worker\nfor a covered industry is the amount of service worked out under the\ncovered industry schedule for the covered industry.\n","sortOrder":59},{"sectionNumber":"65","sectionType":"section","heading":"Removing people from workers register","content":"65 Removing people from workers register\n(1) The registrar must remove a person from the workers register if the\nperson has not been credited under this Act or a corresponding law\nwith at least 1 day of service for 4 consecutive years.\n(2) If the person is removed under subsection (1)—\n(a) the person stops being a registered worker on the day the person\nis removed; and\n(b) the person is not entitled to apply for, or to be paid an amount\nfor or instead of, long service leave for any days of service\nentered in the register before the day the person stopped being a\n(3) However, subsection (2) (b) does not apply if the person would, but\nfor the person ceasing to be registered, have been entitled to payment\nfor the period under—\n(a) schedule 1, section 1.8 (Entitlement to payment instead of\nleave—building and construction industry); or\n(b) schedule 2, section 2.8 (Entitlement to payment instead of\nleave—services industry); or\n(c) schedule 3, section 3.9 (Entitlement to payment instead of\nleave—community sector industry); or\n\n(d) schedule 4, section 4.9 (Entitlement to payment instead of\nleave—security industry).\n(4) The registrar must not remove a person from the workers register if\nthe person stops carrying out work to which this Act applies and tells\nthe authority that the person is otherwise employed or engaged in\nother work until whichever of the following first occurs:\n(a) the person applies to the authority for payment of the total\namount for or instead of long service leave;\n(b) the person’s employer makes an application under\nsection 89 (Benefits under other laws—reimbursement of\nemployer) for payment of the total amount to which the\nemployer is entitled;\n(c) if the person is a voluntary member—the person asks the\nauthority to remove the person from the register;\n(d) the period of 10 years, starting on the day when the person stops\ncarrying out work to which this Act applies, ends.\n(5) A request under subsection (4) (c) must state—\n(a) the date when the person became otherwise employed or\nengaged in work to which this Act applies; and\n(b) the name and address of the principal place of business of the\nperson’s employer (if any).\n","sortOrder":60},{"sectionNumber":"66","sectionType":"section","heading":"Re-registration in workers register","content":"66 Re-registration in workers register\n(1) The governing board must direct the registrar to re-register a person\nin the workers register if—\n(a) the person has been removed from the register under section 65;\nand\n\n(b) the governing board is satisfied that the person has been credited\nwith a period of service under a corresponding law within the\nperiod of 4 years ending on the day when the person was\nremoved from the register.\n(2) If a person is re-registered under subsection (1), this Act applies in\nrelation to the person as if the person had not been removed from the\nregister.\n(3) This section does not affect any right that a person who has been\nremoved from the workers register may have to again become a\n\nPart 7 Access to long service leave register information\nPart 7 Access to long service leave\nregister information\n67 Information for registered workers\nThe registrar must provide each registered worker access to the\nfollowing information kept on the workers register:\n(a) the number of days of service from the worker’s registration day\nto the end of the previous financial year that the worker has been\ncredited with in the workers register;\n(b) the number of days of service the worker has been credited with\nin the financial year in which the information is being accessed;\n(c) the total ordinary remuneration paid to the worker during the\nprevious financial year by a registered employer;\n(d) if the worker is a voluntary member—the total amount paid by\nthe contract under section 56 (Determination of levy—voluntary\nmembers) for the previous financial year.\n","sortOrder":61},{"sectionNumber":"68","sectionType":"section","heading":"Information for employers","content":"68 Information for employers\nThe registrar must provide each registered employer access to the\nfollowing information kept on the employers register:\n(a) the name of each registered worker for the employer recorded in\nthe workers register;\n(b) for each registered worker for the employer—\n(i) the number of days of service, from the registration day to\nthe end of the previous 12 months that the worker has been\ncredited with in the workers register; and\n(ii) the number of days of service that the worker has been\ncredited with for the previous financial year;\n\nAccess to long service leave register information Part 7\n(c) the total amount paid by the employer under section 51\n(Determination of levy—employers) for the previous financial\nyear.\naccess or download information from a website\n","sortOrder":62},{"sectionNumber":"69","sectionType":"section","heading":"Certified copies of long service leave registers","content":"69 Certified copies of long service leave registers\n(1) On application by an employer, a registered worker or a person acting\non behalf of the employer or worker, the registrar must give the\napplicant a certified copy of any part of the register that relates to the\nemployer or worker.\n(2) A person who is given a certified copy under this section may object\nto the registrar about the accuracy of a matter stated in the copy.\n(3) An objection must be made in writing within 6 months after the day\nthe certified copy is given to the person objecting.\n(4) If an objection is made, the governing board must decide the objection\nand if allowing the objection, give an amended certified copy to the\nperson who objected.\nNote The registrar may correct a mistake, error or omission in the workers\nregister—see s 30 and s 39.\n\n","sortOrder":63},{"sectionNumber":"70","sectionType":"section","heading":"Definitions—pt 8","content":"70 Definitions—pt 8\nat premises includes in or on the premises.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\n","sortOrder":64},{"sectionNumber":"71","sectionType":"section","heading":"Appointment of inspectors","content":"71 Appointment of inspectors\nThe registrar may appoint a public servant as an inspector for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":65},{"sectionNumber":"72","sectionType":"section","heading":"Identity cards","content":"72 Identity cards\n(1) The registrar must give an inspector an identity card stating the\nofficer’s name and that the officer is an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the inspector; and\n(b) the card’s date of issue and expiry; and\n(3) A person commits an offence if—\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\nregistrar as soon as practicable (but not later than 7 days) after\nthe day the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n\n(4) Subsection (3) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone other than the person.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) An offence against this section is a strict liability offence.\n","sortOrder":66},{"sectionNumber":"73","sectionType":"section","heading":"Power to enter premises","content":"73 Power to enter premises\n(1) For this Act, an inspector may—\n(a) at any reasonable time, enter premises that the inspector believes\non reasonable grounds are a workplace; or\n(b) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment);\nor\n(c) at any time, enter premises with the occupier’s consent.\nNote Premises includes any land, structure or vehicle and any part of an area\nof land, a structure or vehicle (see dict).\n(2) However, subsection (1) (a) or (b) does not authorise entry into a part\nof premises that is being used only for residential purposes.\n(3) An inspector may, without the consent of the occupier of premises,\nenter land that is around, or part of, the premises to ask for consent to\nenter the premises.\n(4) To remove any doubt, an inspector may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) For subsection (1) (a) and (b), the inspector may enter the premises\nwith any necessary assistance and force.\n(6) However, only a police officer may use force against a person.\n\n","sortOrder":67},{"sectionNumber":"74","sectionType":"section","heading":"Production of identity card","content":"74 Production of identity card\nAn inspector must not remain at premises entered under this part if\nthe inspector does not produce the inspector’s identity card when\nasked by the occupier.\n","sortOrder":68},{"sectionNumber":"75","sectionType":"section","heading":"Consent to entry","content":"75 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter the\npremises under section 73 (1) (c) (Power to enter premises), an\ninspector must—\n(a) produce the inspector’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found under this part may be used in evidence\nin court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found under this part may be used in evidence\nin court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n\n(4) A court must find that an occupier did not consent to entry to premises\nby the inspector under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":69},{"sectionNumber":"76","sectionType":"section","heading":"Power to obtain, inspect and copy records","content":"76 Power to obtain, inspect and copy records\n(1) An inspector may, in writing, require any of the following to give the\ninspector information, or produce documents or anything else, that\nthe person has, or has access to, that are reasonably required by the\ninspector for this Act:\n(a) an employer for a covered industry;\n(b) a voluntary member for a covered industry;\n(c) a bank or other financial institution that holds accounts for an\nemployer, or voluntary member, for a covered industry;\n(d) an accountant or bookkeeper engaged by an employer, or\nvoluntary member, for a covered industry.\nrequest and obtain by email a list of employees\n(2) An inspector who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) examine anything;\n(b) examine and copy, or take extracts from, documents relating to\na contravention, or possible contravention, of this Act;\n(c) take photographs, films, or audio, video or other recordings;\n\n(d) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else (whether the information, document or other thing\nis at the premises or elsewhere) that the occupier or person at the\npremises has, or has access to, that are reasonably necessary to\nexercise a function under this Act;\n(e) require the occupier, or anyone else at the premises, to give the\ninspector copies of documents produced under paragraph (d)\nthat are reasonably necessary to exercise a function under this\nAct;\n(f) require the occupier, or anyone else at the premises, to give the\ninspector reasonable help to exercise a power under this part.\nExample—par (d)\nAn inspector is conducting an inspection at a construction site. The inspector forms\nthe view that relevant documents are held at the head office of the company\noperating the construction site. A person at the premises may be required to\nproduce the documents that are held at the head office.\nNote 1 A reference to an Act includes a reference to statutory instruments made\nor in force under the Act, including regulations and any law or instrument\napplied, adopted or incorporated by the Act (see Legislation Act, s 104).\nNote 2 The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(3) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) or subsection (2) (d), (e)\nor (f).\n","sortOrder":70},{"sectionNumber":"76A","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"76A Abrogation of privilege against self-incrimination\n(1) A person is not excused from answering a question or providing\ninformation or a document under this part on the ground that the\nanswer to the question, or the information or document, may tend to\nincriminate the person or expose the person to a penalty.\n\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the giving of the answer or the production of\nthe document is not admissible in evidence against the person in a\ncivil or criminal proceeding, other than a proceeding for an offence\narising out of the false or misleading nature of the answer,\ninformation or document.\n","sortOrder":71},{"sectionNumber":"76B","sectionType":"section","heading":"Warning to be given","content":"76B Warning to be given\n(1) Before making a requirement of a person under section 76, an\ninspector must warn the person about the effect of—\n(a) section 76 (3); and\n(b) section 76A.\n(2) It is not an offence for an individual to refuse to answer a question\nput by an inspector or provide information or a document to an\ninspector under this part on the ground that the question, information\nor document might tend to incriminate the individual, unless the\nindividual was first given the warning in subsection (1) (b).\n(3) Nothing in this section prevents an inspector from obtaining and\nusing evidence given to the inspector voluntarily by any person.\n","sortOrder":72},{"sectionNumber":"77","sectionType":"section","heading":"Damage etc to be minimised","content":"77 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninspector must take reasonable steps to ensure that the inspector, and\nanyone assisting the inspector, causes as little inconvenience,\ndetriment and damage as practicable.\n(2) If an inspector, or anyone assisting an inspector, damages anything in\nthe exercise or purported exercise of a function under this part, the\ninspector must give written notice of the particulars of the damage to\nthe person the inspector believes on reasonable grounds is the owner\nof the thing.\n\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"78 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an inspector or anyone assisting an\ninspector.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":74},{"sectionNumber":"79","sectionType":"section","heading":"Enforcement of obligations","content":"79 Enforcement of obligations\n(1) The registrar may apply to the ACAT for an order to enforce an\nobligation imposed under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The ACAT may make any order it considers appropriate in relation\nto—\n(a) the registration of an employer or worker; or\n(b) the keeping of, and access to, records relating to a worker; or\n\n(c) the recovery of any payment required to be made by an\nemployer; or\n(d) any other matter for the purpose of enforcing an obligation under\n\nNote The governance of territory authorities, including the Long Service Leave\nAuthority, is regulated by the Financial Management Act 1996 (the\nFMA), pt 9 as well as the Act that establishes them.\nThe FMA, pt 9 deals, for example, with the corporate status of territory\nauthorities and their powers, the make-up of governing boards, the\nresponsibilities of the governing board and board members, how\ngoverning board positions can be ended, meetings of governing boards\nand conflicts of interest.\n","sortOrder":75},{"sectionNumber":"79A","sectionType":"section","heading":"Establishment of authority","content":"79A Establishment of authority\nThe Long Service Leave Authority (the authority) is established.\n","sortOrder":76},{"sectionNumber":"79B","sectionType":"section","heading":"Authority not territory instrumentality etc","content":"79B Authority not territory instrumentality etc\nThe authority is not a territory instrumentality and does not represent\nthe Territory.\n","sortOrder":77},{"sectionNumber":"79C","sectionType":"section","heading":"Functions of authority","content":"79C Functions of authority\n(1) The authority has the following functions:\n(a) administering the long service leave benefits schemes\nestablished under this Act;\n(b) making payments under this Act;\n(c) keeping the employers registers and workers registers for\ncovered industries;\n(d) any other function given to the authority under this Act or\nanother territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nThe authority and governing board Division 8A.1\n(2) To remove any doubt, the authority may exercise its functions inside\nand outside the ACT, including in a foreign country.\n","sortOrder":78},{"sectionNumber":"79D","sectionType":"section","heading":"Delegation by authority","content":"79D Delegation by authority\nThe authority may delegate the authority’s functions to the registrar\nor a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":79},{"sectionNumber":"79E","sectionType":"section","heading":"Establishment of governing board","content":"79E Establishment of governing board\nThe authority has a governing board.\nNote An appointment of a governing board member is an appointment under\nthis section (see Financial Management Act 1996, s 78 (7) (b)).\n","sortOrder":80},{"sectionNumber":"79F","sectionType":"section","heading":"Governing board members","content":"79F Governing board members\n(1) The governing board has at least 3 members and not more than\n7 members.\nNote 1 The chair of the governing board must be appointed under the Financial\nManagement Act 1996, s 79.\nNote 2 The chief executive officer of the authority is appointed by the governing\nboard after consulting with the responsible minister (see Financial\nManagement Act 1996, s 80 (2)).\nNote 3 The registrar is a member of the governing board and is the chief\nexecutive officer of the authority (see dict, def registrar and Financial\nManagement Act 1996, s 80 (4)).\n(2) The governing board must have the following members:\n(a) at least 1 member appointed to represent employer organisations\nfor the covered industries;\n(b) at least 1 member appointed to represent employee organisations\nfor the covered industries;\n\n(c) at least 1 other member who is not appointed to represent an\nemployer or employee organisation.\nNote One of the members mentioned in par (c) is the deputy chair (see s 79G).\n(3) In appointing the members for subsection (2) (a) and (b), the Minister\nmust, as far as practicable, ensure that there is equal representation\nfor employer organisations and employee organisations.\n(4) The chair of the governing board must not be a member mentioned in\nsubsection (2) (a) or (b).\n(5) A member of the governing board must not be appointed for a term\nlonger than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n(6) The Minister may, under the Legislation Act, section 209, appoint a\nperson to act as a member.\n(7) The registrar is a non-voting member of the governing board.\nNote The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non-\nvoting members of governing boards.\n","sortOrder":81},{"sectionNumber":"79G","sectionType":"section","heading":"Deputy chair","content":"79G Deputy chair\nThe Minister must appoint a member of the governing board\nmentioned in section 79F (2) (c) as the deputy chair.\nNote A deputy chair is appointed under the Financial Management Act 1996,\ns 79.\n\nThe authority and governing board Division 8A.1\n","sortOrder":82},{"sectionNumber":"79H","sectionType":"section","heading":"Deputy registrar","content":"79H Deputy registrar\n(1) The registrar must appoint either of the following as deputy registrar\nfor the authority:\n(a) a member of staff of the authority;\n(b) a public servant.\nNote 1 The registrar is the chief executive officer of the authority (see dict,\ndef registrar and Financial Management Act 1996, dict, def chief\nexecutive officer).\nNote 2 For laws about appointments, see the Legislation Act, pt 19.3.\n(2) If the registrar is absent or cannot for any reason exercise the\nfunctions of the registrar, the deputy registrar must act as registrar.\n","sortOrder":83},{"sectionNumber":"79I","sectionType":"section","heading":"Functions of governing board","content":"79I Functions of governing board\nThe governing board has the following functions:\n(a) making recommendations to the Minister under section 51\n(Determination of levy—employers) and section 56\n(b) determining a levy for a covered industry under section 56A\n(Minor changes to levy—employers and voluntary members);\nand\n(c) recommending to the Minister laws to be declared to be\ncorresponding laws under section 87 (Declaration of\ncorresponding laws);\n(d) any other function given to the governing board under this Act\nor another territory law.\nNote The governing board also has functions under the Financial Management\nAct 1996.\n\n","sortOrder":84},{"sectionNumber":"79J","sectionType":"section","heading":"Meaning of staff of the authority—pt 8A","content":"79J Meaning of staff of the authority—pt 8A\nstaff of the authority means—\n(a) the registrar; and\n(b) staff employed under section 79JA; and\n(c) consultants engaged under section 79JB.\n79JA Employment of staff\n(1) The registrar may employ staff on behalf of the Territory.\n(2) The staff must be employed under the Public Sector Management\nAct 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the registrar\nas the chief executive officer of the authority in relation to the\nemployment of staff (see Public Sector Management Act 1994, s 152).\n79JB Consultants\n(1) The authority may engage consultants on behalf of the Territory.\n(2) Consultants may be engaged on terms and conditions decided by the\nauthority.\n(3) However, the authority must not enter into a contract of employment\nunder this section.\n79JC Delegation by registrar\nThe registrar may delegate the registrar’s functions under this Act or\nanother territory law to—\n(a) a member of staff of the authority; or\n\nFinances Division 8A.2\n(b) a public servant.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n79JD Other arrangements for staff and facilities\nThe authority may arrange with the head of service to use—\n(a) the services of a public servant; or\n(b) territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n","sortOrder":85},{"sectionNumber":"79K","sectionType":"section","heading":"Money of authority","content":"79K Money of authority\nThe money of the authority includes—\n(a) amounts received by the authority under section 51\n(Determination of levy—employers) and section 56\n(Determination of levy—voluntary members); and\n(b) income derived from the investment of money of the authority;\nand\n(c) amounts borrowed for, and lent to, the authority by the Treasurer\nunder the Financial Management Act 1996, section 59\n(Borrowing by territory authorities); and\n(d) any other amounts paid to the authority.\n","sortOrder":86},{"sectionNumber":"79L","sectionType":"section","heading":"Application of authority money","content":"79L Application of authority money\nThe money of the authority must be applied only in payment of—\n(a) the costs, expenses or other obligations of the authority under\nthis Act; or\n\n(b) remuneration and allowances payable to anyone appointed or\nemployed under this Act; or\n(c) the costs in relation to the administration of the authority.\n","sortOrder":87},{"sectionNumber":"79M","sectionType":"section","heading":"Authority money—separate funds for covered industries","content":"79M Authority money—separate funds for covered industries\n(1) The authority must establish and keep a separate fund for money of\nthe authority in relation to each covered industry.\n(2) The money of the authority must be kept and applied in a way that\nenables the money of the authority that relates to each covered\nindustry to be separately identified.\n(3) However the authority may establish a common fund—\n(a) to pay the costs, expenses or other obligations of the authority\nthat relate to more than 1 covered industry; or\n(b) to invest the money of the authority in an investment for more\nthan 1 covered industry.\n79N 3-yearly investigation by actuary\n(1) The governing board must appoint an actuary for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) The actuary must conduct an investigation of the state and adequacy\nof the money of the authority—\n(a) if asked by the governing board; and\n(b) at least once every 3 years.\n(3) The actuary must report the results of the investigation to the\ngoverning board and state whether, in the actuary’s opinion, any\nreduction or increase is necessary in the rates of levies payable to the\nauthority by employers or voluntary members under this Act.\n(4) The actuary must give the Minister a copy of each report under this\nsection.\n\nNotification and review of decisions Part 9\n","sortOrder":88},{"sectionNumber":"Part 9","sectionType":"part","heading":"Notification and review of","content":"Part 9 Notification and review of\ndecisions\n","sortOrder":89},{"sectionNumber":"80","sectionType":"section","heading":"Definitions—pt 9","content":"80 Definitions—pt 9\ndecision-maker, for a reviewable decision, means a decision-maker\nmentioned in schedule 5, column 5 for the decision.\ninternally reviewable decision—see section 80A (1).\nreviewable decision means a decision mentioned in\nschedule 5, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":90},{"sectionNumber":"80A","sectionType":"section","heading":"Internal review of certain decisions","content":"80A Internal review of certain decisions\n(1) This section applies to a reviewable decision made by the registrar\n(an internally reviewable decision).\n(2) An entity mentioned in schedule 5, column 4 for an internally\nreviewable decision may apply in writing to the governing board for\ninternal review of the decision.\n(3) The governing board must review the decision.\n","sortOrder":91},{"sectionNumber":"80B","sectionType":"section","heading":"Applications for internal review","content":"80B Applications for internal review\n(1) An application for internal review of an internally reviewable\ndecision must be made within—\n(a) 28 days after the day when the applicant is told about the\ndecision by the registrar; or\n(b) any longer period allowed by the governing board, whether\nbefore or after the end of the 28-day period.\n(2) The application must set out the grounds on which internal review of\nthe decision is sought.\n\nPart 9 Notification and review of decisions\n(3) The making of the application for internal review of the decision does\nnot affect the operation of the decision.\n","sortOrder":92},{"sectionNumber":"80C","sectionType":"section","heading":"Internal review","content":"80C Internal review\n(1) The governing board must review an internally reviewable decision,\nand confirm, vary or revoke the decision, within 28 days after the\ngoverning board receives the application for internal review of the\ndecision.\n(2) As soon as practicable after reviewing the decision, the governing\nboard must give written notice of the decision on the internal review\nto the applicant.\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Reviewable decision notices","content":"81 Reviewable decision notices\nIf a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice only to—\n(a) each entity mentioned in schedule 5, column 4 in relation to the\ndecision; and\n(b) any other person prescribed by regulation.\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Review of decisions by ACAT","content":"82 Review of decisions by ACAT\n(1) The ACAT may review a reviewable decision made by the governing\nboard if—\n(a) the governing board is the decision maker mentioned in\nschedule 5, column 5 for the decision; or\n(b) the decision was made under section 80C following the review\nof an internally reviewable decision.\n(2) The following people may apply to the ACAT for review of a decision\nmade by the governing board:\n(a) an entity mentioned in schedule 5, column 4 for the decision;\n(b) a person prescribed by regulation.\n\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Evidentiary certificates","content":"83 Evidentiary certificates\n(1) In a proceeding for an offence against section 49 (Quarterly returns\nby employers) or section 54 (Quarterly returns by voluntary\nmembers), a certificate signed by or on behalf of the registrar to the\neffect of any of the following is evidence of the matters stated in the\ncertificate:\n(a) that the registrar had, or had not, allowed a stated person an\nadditional stated period to give to the authority a return under a\nstated section for a stated quarter;\n(b) that a stated person had, or had not, given to the authority a\nreturn under a stated section for a stated quarter on or before a\nstated date.\n(2) In a proceeding for an offence against section 50 (Levy payments by\nemployers) or section 55 (Levy payments by voluntary members), a\ncertificate signed by or on behalf of the registrar to the effect of any\nof the following is evidence of the matters stated in the certificate:\n(a) that a stated amount of levy under a stated section was, or was\nnot, payable by a stated person for a stated quarter;\n(b) that, on or before a stated date, a stated person had, or had not,\npaid to the authority, under a stated section, a stated amount of\nlevy that was payable by the person for a stated quarter.\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Disclosure of information to territory entities and","content":"84 Disclosure of information to territory entities and\nreciprocal authorities\n(1) The authority may disclose information—\n(a) in relation to an employer’s compliance with this Act—to a\nterritory entity for the purpose of the exercise by the entity of a\nfunction for a territory law; and\n\n(b) in relation to a registered worker’s credit for service and long\nservice benefits to a reciprocal authority—for the purpose of the\nexercise of a function by—\n(i) the authority under this Act; or\n(ii) the reciprocal authority under a corresponding law.\nterritory entity means—\n(a) the director-general of an administrative unit; or\n(b) the chief executive officer of a territory authority.\n","sortOrder":97},{"sectionNumber":"86","sectionType":"section","heading":"No contracting out","content":"86 No contracting out\n(1) This Act has effect in relation to a registered worker despite anything\nto the contrary in a term of the worker’s contract.\n(2) A provision of a registered worker’s contract is void to the extent that\nit—\n(a) is inconsistent with this Act; and\n(b) has the effect of excluding, restricting or reducing the rights\ngiven to the worker under this Act.\n(3) However, the registered worker’s contract applies to the extent that it\ngives the worker rights that are more beneficial than the rights given\nto the worker under this Act.\n","sortOrder":98},{"sectionNumber":"88","sectionType":"section","heading":"Benefits under other laws—election","content":"88 Benefits under other laws—election\n(1) This section applies if a registered worker—\n(a) has accrued long service benefits under this Act; and\n(b) is eligible for long service benefits under one or more of the\nfollowing laws:\n(i) the Long Service Leave Act 1976;\n\n(ii) a corresponding law;\n(iii) a law prescribed by regulation for employment in a covered\n(c) elects to take the long service benefits under a law other than\n(2) The registered worker must nominate in writing—\n(a) the law under which the registered worker elects to take the long\nservice benefits; and\n(b) if the worker is a worker for the building and construction\nindustry—the number of days of credit for service for which the\nelection is made; and\n(c) if the worker is not a worker for the building and construction\nindustry—the service period, or part of the service period, for\nwhich the election is made.\n(3) If the authority receives a written nomination, the authority must—\n(a) remove from the relevant workers register credit for service\nequal to—\n(i) if the worker nominated days of credit for service—the\nnumber of days of credit for service nominated; or\n(ii) if the worker nominated a service period—the service\nperiod, or part of the service period, nominated; and\n(b) keep a record of the credit for service removed from the relevant\nworkers register.\n","sortOrder":99},{"sectionNumber":"89","sectionType":"section","heading":"Benefits under other laws—reimbursement of employer","content":"89 Benefits under other laws—reimbursement of employer\n(a) a registered worker has made an election under section 88; and\n\n(b) an employer for a covered industry pays the registered worker\nan amount under a relevant provision.\n(2) The employer may apply to the authority for reimbursement of an\namount paid under the relevant provision, less any amount\noutstanding that is payable by the employer to the authority, if—\n(a) an application is made to the authority; and\n(b) the registrar is satisfied that the amount paid by the employer\nwas properly paid under the relevant provision.\nrelevant provision means—\n(a) the Long Service Leave Act 1976, section 8 (Manner of payment\nfor leave); or\n(b) a law prescribed by regulation.\n","sortOrder":100},{"sectionNumber":"89A","sectionType":"section","heading":"Authority reimbursement of certain payments","content":"89A Authority reimbursement of certain payments\n(1) An employer of a registered worker may apply to the registrar for\nreimbursement of a payment made directly to an employee.\n(2) If the registrar is satisfied that the employer has paid a long service\nleave entitlement to the employee under a corresponding law, the\nregistrar may reimburse the lesser of—\n(a) the amount the employer paid to the employee; and\n(b) the amount the authority would have paid the employee.\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Reciprocal agreements for corresponding laws","content":"90 Reciprocal agreements for corresponding laws\n(1) The Minister may enter into an agreement (a reciprocal agreement)\nwith the Minister of State who administers a corresponding law in\nrelation to payments of long service leave to people carrying out work\nin a covered industry in the State.\n\n(2) Without limiting subsection (1), the agreement may make provision\nin relation to—\n(a) payments for, or instead of, long service leave; and\n(b) the exchange of information about credit for service and\nentitlements to long service benefits between the authority and\nthe reciprocal authority under the corresponding law; and\n(c) anything else in relation to long service benefits that the Minister\nconsiders appropriate.\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Determination of fees","content":"91 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":103},{"sectionNumber":"93","sectionType":"section","heading":"Regulation-making power","content":"93 Regulation-making power\nThe Executive may make regulations for this Act.\n","sortOrder":104},{"sectionNumber":"97A","sectionType":"section","heading":"Transitional—entitlement to payment instead of leave","content":"97A Transitional—entitlement to payment instead of leave\n(1) This section applies to a person who is a registered worker in a\ncovered industry immediately before the commencement of this\nsection.\n(2) The following sections, as in force immediately before the\ncommencement of this section, continue to apply in relation to the\nperson:\n(a) for a registered worker in the building and construction\nindustry—schedule 1, section 1.8;\n(b) for a registered worker in the contract cleaning industry—\nschedule 2, section 2.8;\n(c) for a registered worker in the community sector industry—\nschedule 3, section 3.9.\n\nthe commencement of this section.\n","sortOrder":105},{"sectionNumber":"97B","sectionType":"section","heading":"Transitional—entitlement to payment instead of leave for","content":"97B Transitional—entitlement to payment instead of leave for\nperson who became registered worker on or after\n(1) This section applies to a person who became a registered worker in\nthe contract cleaning industry on or after 1 July 2012 but before the\ncommencement of this section.\n(2) Schedule 2, section 2.8, as in force immediately before the\ncommencement of this section, continues to apply in relation to the\nperson.\nthe commencement of this section.\n\nTransitional—contract cleaning industry Part 12\n","sortOrder":106},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional—contract cleaning","content":"Part 12 Transitional—contract cleaning\n","sortOrder":107},{"sectionNumber":"110","sectionType":"section","heading":"Definitions—pt 12","content":"110 Definitions—pt 12\ncommencement day means the day the Long Service Leave (Portable\nSchemes) Amendment Act 2023, section 13 commences.\nthe commencement day.\n","sortOrder":108},{"sectionNumber":"111","sectionType":"section","heading":"Registered employers and workers","content":"111 Registered employers and workers\n(1) A person who is a registered employer in the contract cleaning\nindustry under the pre-amendment Act is, on the commencement day,\ntaken to be a registered employer in the services industry.\n(2) A person who is a registered worker in the contract cleaning industry\nunder the pre-amendment Act is, on the commencement day, taken to\nbe a registered worker in the services industry.\n","sortOrder":109},{"sectionNumber":"112","sectionType":"section","heading":"Applications for registration","content":"112 Applications for registration\n(1) An application for registration as an employer for the contract\ncleaning industry made under the pre-amendment Act, section 31 but\nnot decided immediately before the commencement day is, on the\ncommencement day, taken to be an application for registration as an\nemployer for the services industry.\n(2) An application for registration as a worker for the contract cleaning\nindustry made under the pre-amendment Act, section 40 but not\ndecided immediately before the commencement day is, on the\ncommencement day, taken to be an application for registration as a\nworker for the services industry.\n\nPart 12 Transitional—contract cleaning industry\n(3) An application for registration of an employee as a worker for the\ncontract cleaning industry made under the pre-amendment Act,\nsection 41 but not decided immediately before the commencement\nday is, on the commencement day, taken to be an application for\nregistration of the employee as a worker for the services industry.\n","sortOrder":110},{"sectionNumber":"113","sectionType":"section","heading":"Service credit","content":"113 Service credit\n(1) An employee in the contract cleaning industry who is entitled, under\nthe pre-amendment Act, section 47 to credit for service for work done\nin that industry is, on or after the commencement day, entitled under\nsection 47 to equivalent credit for service in the service industry for\nthat work.\n(2) Credit for service, received under the pre-amendment Act, section 47,\nfor work done in the contract cleaning industry is, on or after the\ncommencement day, taken to be credit for service received under\nsection 47 for work done in the service industry.\n","sortOrder":111},{"sectionNumber":"114","sectionType":"section","heading":"Transitional regulations","content":"114 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the Long\nService Leave (Portable Schemes) Amendment Act 2023.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\nNote A transitional provision under s (1) continues to have effect after its\nrepeal, however, a modification under s (2) has no ongoing effect after its\nrepeal (see Legislation Act, s 88).\n\nTransitional—contract cleaning industry Part 12\n","sortOrder":112},{"sectionNumber":"115","sectionType":"section","heading":"Expiry—pt 12","content":"115 Expiry—pt 12\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nSection 1.1\n","sortOrder":113},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Long service leave payments—","content":"Schedule 1 Long service leave payments—\nbuilding and construction\n1.1 What is the building and construction industry?\n(1) The building and construction industry is—\n(a) in relation to the ACT—the industry of constructing,\nreconstructing, renovating, repairing, altering, demolishing or\nmaintaining the following:\n(i) buildings, fences or swimming pools;\n(ii) roadworks, light rail and other railways, airfields or other\nworks for the carriage of people, animals or vehicles;\n(iii) breakwaters, docks, jetties, piers, wharves or works for the\nimprovement or alteration of a harbour, river or\nwatercourse for the purpose of navigation;\n(iv) works for the storage or supply of water or the irrigation of\nland;\n(v) works for the carriage, treatment or disposal of sewage or\nthe effluent from any premises;\n(vi) bridges, viaducts, aqueducts, tunnels or pipelines;\n(vii) chimneystacks, cooling towers, drilling rigs, gas holders or\nsilos;\n(viii) structures, fixtures or works for use in any building or\nworks mentioned in subparagraphs (i) to (vii);\n\nSection 1.1\n(ix) navigational lights, beacons or markers;\n(x) works for the drainage of land;\n(xi) works for the storage of liquids (other than water) or gases;\n(xii) works for the transmission of electric power or wireless or\ntelegraphic communications; and\n(2) Also, the building and construction industry, in relation to the ACT,\nincludes the following undertaken in relation to an activity mentioned\nin subsection (1) (a):\n(a) pile driving and site preparation;\n(b) installing data cabling or security or electronic communication\nsystems;\n(c) laying floor coverings;\n(d) hard landscaping;\n(e) building or construction work undertaken as part of training with\na registered training organisation under the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\nlight rail—see the Road Transport (General) Act 1999, dictionary.\n\nSection 1.2\n1.2 What is building and construction work?\nbuilding and construction work means—\n(a) work in the building and construction industry; or\n(b) direct supervision of a worker carrying out work in the building\nand construction industry.\nNote The Minister may declare work or an activity to be building and\nconstruction work (see s 12 (2) (d)) or to not be building and construction\nwork (see s 13 (2) (d)).\ndirect supervision, of a person, means the oversight by the\nsupervising person of the work of the person by—\n(a) directing, demonstrating, monitoring and checking the person’s\nwork in a way that is appropriate to the person’s level of\ncompetency; and\n(b) ensuring the person’s capacity to respond in an emergency\nsituation.\n1.3 Recognised service—building and construction industry\nrecognised service, for a registered worker in the building and\nconstruction industry, means the total number of days of service\ncredit for all of the service periods of the worker less any days of\nservice credit that the worker—\n(2) A registered worker for the building and construction industry is\ntaken to have completed a year of recognised service for each\n220 days of recognised service.\n\nSection 1.4\n1.4 Service credit—building and construction industry—s 64\n(1) A registered worker for the building and construction industry is to\nbe credited in the workers register with 1 day of service for each day\nthat the worker carries out building and construction work in each\nservice period on or after the worker’s registration day.\n(2) However, the registrar must not enter more than 220 days of service\n1.4A Service period—building and construction industry\nbuilding and construction industry is a continuous period—\n\nSection 1.5\n1.5 Long service leave formula—building and construction\nThe long service leave formula for the building and construction\nindustry is—\n(a) for service before 20 December 1996—\n(b) for service on or after 20 December 1996—\nW = 1.3 × RS\n\nSection 1.6\n1.6 Amount of leave—building and construction industry\n(1) A registered worker for the building and construction industry who\nhas 10 years or more recognised service is entitled to the number of\ndays of workers long service leave worked out in accordance with the\nlong service leave formula for the building and construction industry.\n(2) A registered worker for the building and construction industry who\nhas 10 years or more recognised service is entitled to additional long\nformula for the building and construction industry if the worker—\n(a) becomes entitled to long service leave under this Act for work\ndone in the industry; and\n(b) is credited in the workers register with an additional period of\nservice in the industry commencing on the date on which the\nworker became entitled to the long service leave.\n1.7 Grant of leave by employers—building and construction\n(1) The employer of a registered employee for the building and\nconstruction industry commits an offence if—\n(3) The employer of a registered employee for the building and\nconstruction industry commits an offence if—\n\nSection 1.8\n(i) not later than 2 months after the day when the long service\nleave starts; or\nemployee for the building and construction industry of an employer,\nmeans—\n1.8 Entitlement to payment instead of leave—building and\n(1) This section applies to a registered worker for the building and\nconstruction industry who has at least 7 years recognised service if—\n(a) the worker has permanently left the industry; and\n(b) 20 weeks have passed since the day the worker permanently left\nthe industry; and\n(c) the worker has not been credited with service in the workers\nregister for any of the days in the 20-week period.\n\nSection 1.9\n(2) Also, this section applies to a registered worker for the building and\nconstruction industry if the worker has 5 years recognised service and\nany of the following apply to the worker:\n(a) the worker has left the industry because of total incapacity;\n(b) the worker has reached the prescribed retiring age;\n(c) the worker has died.\n(3) If the governing board is satisfied that this section applies to the\nfor the amount of long service leave credited to the worker in the\nworkers register.\n(a) in relation to a registered worker who has been granted a service\npension under the Veterans' Entitlements Act 1986 (Cwlth),\nsection 38 (Eligibility for partner service pension)—the age at\nwhich the worker first receives payment of the service pension;\nor\n1.9 Payment for leave—building and construction industry\n(1) A registered employee for the building and construction industry who\nhas been granted long service leave under section 1.7, or a registered\nvoluntary member for the industry who is entitled to long service\nleave, may apply to the authority for payment for the leave.\nsection 1.11 (How are leave payments worked out for the building\nand construction industry?) if the registrar is satisfied that—\nwork done in the building and construction industry; and\n\nSection 1.10\n1.10 Payment instead of leave—building and construction\n(1) If a registered worker for the building and construction industry is\nentitled to payment instead of long service leave under this Act, the\nworker may apply to the authority for the payment.\n(2) An application by a registered employee for the building and\nconstruction industry on the ground that the employee has ceased\nwork in the building and construction industry because of total\nincapacity must be accompanied by a certificate of a doctor certifying\nthat the employee is totally incapacitated for employment in the\n\nSection 1.11\nmust pay to the applicant the amount payable under section 1.11\n(How are leave payments worked out for the building and\nconstruction industry?).\n1.11 How are leave payments worked out for the building and\nconstruction industry?\n(1) For section 1.9 (Payment for leave—building and construction\nindustry) and section 1.10 (Payment instead of leave—building and\nconstruction industry), the amount payable to a registered worker for,\nor instead of, long service leave is—\nsection 1.12; and\nsection 1.13.\n\nSection 1.12\nJohn has 10 years of service in the building and construction industry, giving him\nan entitlement to 13 weeks long service leave. He first worked in the industry as a\nregistered employee and accrued 7 weeks of the entitlement in that capacity. John\nthen worked as a registered voluntary member and accrued 6 weeks of the\nJohn decides to take 9 weeks long service leave. The payment for the leave is the\ntotal of the following amounts:\n• the amount calculated under section 1.12 where ‘D’ is 1185 (ie it took\n1185 days of service as a registered employee to accrue the first 7 weeks of\nhis long service leave entitlement);\n• the amount calculated under section 1.13 which is the total of the amounts paid\nto the authority under section 56 for his first 1.54 years work as a registered\nvoluntary member (ie it took 338 days of service as a registered voluntary\nmember to accrue the next 2 weeks of his long service leave entitlement) and\nthe interest under section 1.13 on those amounts.\n1.12 Leave payments for service as registered employee—\n(1) For section 1.11, the amount payable to a registered worker for long\nbuilding and construction industry is the amount worked out as\nfollows:R\nD\nfractiondefined \n\nSection 1.12\nworker in the workers register for service as an employee and to\nwhich the payment relates.\ndefined fraction means—\n(a) in relation to service that occurred before 20 December 1996—\n0.8667; and\n(b) in relation to service that occurred on or after\n20 December 1996—1.3.\nemployee before the designated day.\n\nSection 1.13\n1.13 Leave payments for service as registered voluntary\nmember—building and construction industry\n(1) For section 1.11 (How are leave payments worked out for the building\nand construction industry?), the amount payable to a registered\nworker for the building and construction industry for long service\nleave for service accrued as a voluntary member is the total of the\nfollowing for the service:\ntime to time prior to the determination of the rate under\nsubsection (1).\n(a) if the construction industry scheme funds invested made a\nreturn—75% of the rate of the return for the financial year in\nwhich the determination is made; or\ndesignated day—see section 1.12.\n\nSection 1.14\n1.14 Payment by authority on reciprocal authority’s behalf—\n(1) This section applies to a registered worker for the building and\nconstruction industry who has a long service leave entitlement under\nthis Act and a corresponding law.\nlaw.\n1.15 Payments by reciprocal authority on authority’s behalf—\nfor work done in the building and construction industry.\nD means the number of days of service credited to the person in the\nworkers register for service as an employee and to which the payment\nrelates.R\nD\nfractiondefined \n\nSection 1.17\ndefined fraction means—\n(a) in relation to service that occurred before 20 December 1996—\n0.8667; and\n(b) in relation to service that occurred on or after\n20 December 1996—1.3.\namount payable to the person for the service credited to the person in\nthe State.\n1.17 Records of payments and service—building and\n(a) pays an amount to a registered worker for the building and\nconstruction industry under section 1.9 (Payment for leave—\nbuilding and construction industry) or section 1.10 (Payment\ninstead of leave—building and construction industry); or\n(b) reimburses a reciprocal authority under section 1.15 (2)\n(Payments by reciprocal authority on authority’s behalf—\nbuilding and construction industry) for an amount paid to a\nregistered worker for the industry.\n(2) The authority may delete from the workers register the details relating\nto the period of service for which the worker has been paid.\n(a) the period of service; and\n\nSection 1.18\n1.18 Public holidays not to count as leave—building and\nservice leave taken by a registered employee for the building and\nconstruction industry.\n\nSection 2.1\nSchedule 2 Long service leave payments—\n2.1 What is the services industry?\n(1) The services industry is—\n(a) in relation to the ACT—any of the following industries:\n(i) the industry in which employers provide cleaning work to\nother people through the provision of workers’ services\n(the contract cleaning services industry);\n(ii) the industry that provides hairdressing or beauty services\nwithin the meaning of the ANZSIC, Division S,\nClass 9511, Hairdressing and Beauty Services\n(the hairdressing and beauty services industry);\n(iii) the industry that provides accommodation, food, beverage\nand hospitality services within the meaning of the\nANZSIC, Division H, Accommodation and Food Services\n(the accommodation and food services industry); and\nANZSIC means the Australian and New Zealand Standard Industrial\nClassification 2006 as in force from time to time.\nNote The ANZSIC is available free of charge at www.abs.gov.au.\n\nSection 2.2\n2.2 What is services work?\nservices work means—\n(a) in relation to the contract cleaning services industry—\n(i) work that has, as its only or main component, bringing\npremises into, or maintaining premises in, a clean\ncondition; or\n(ii) the collection or sorting of waste at, or for, an identified\nwaste management facility if the employer providing the\nwork through the provision of services does so under a\ncontract with the Territory; and\n(b) in relation to the hairdressing and beauty services industry—\nproviding hairdressing services or providing beauty services\n(including nail care services, facials or applying make-up); and\n(c) in relation to the accommodation and food services industry—\nproviding short-term accommodation for visitors, or meals,\nsnacks, and beverages for consumption by customers (whether\nat the provider’s principal place of business or elsewhere).\nNote 1 The Minister may declare work or an activity to be services work\n(see s 12 (2) (d)) or to not be services work (see s 13 (2) (d)).\nNote 2 For s (1) (b), medical skin care services such as cosmetic surgery and\ndermatology services and medical or surgical hair replacement or\ntransplant services are excluded from the ANZSIC, Division S,\nClass 9511.\nNote 3 For s (1) (c), gambling institutions (casinos), amusement and recreation\nparks, long-term (residential) caravan parks, theatre restaurants, sporting\nclubs and other recreation or entertainment facilities providing food,\nbeverage and accommodation services are excluded from the ANZSIC,\nDivision H.\n\nSection 2.3\n(2) However, in relation to the accommodation and food services\nindustry, services work does not include providing professional,\nscientific and technical services within the meaning of the ANZSIC,\nDivision M, Professional, Scientific and Technical Services.\n(3) The Minister may determine that a facility is an identified waste\nmanagement facility for subsection (1), definition of services work,\nparagraph (a) (ii).\n(4) A determination is a notifiable instrument.\nANZSIC—see section 2.1 (2).\ncontract cleaning services industry—see section 2.1 (1) (a) (i).\n2.3 Recognised service—services industry\nrecognised service, for a registered worker in the services industry,\nmeans the total number of days of service credit for all of the service\nperiods of the worker less any days of service credit that the worker—\n(2) A registered worker for the services industry is taken to have\ncompleted a year of recognised service for each 365 days of\n\nSection 2.4\n2.4 Service credit—services industry—s 64\n(1) A registered worker for the services industry is to be credited in the\nworkers register with 1 day of service for each day (including a day\nwhen the worker does not carry out services work) in each service\nperiod of the worker on or after the worker’s registration day.\nperiod for the worker when the worker does not carry out services work.\n2.4A Service period—services industry\nservices industry is a continuous period—\n\nSection 2.5\n2.5 Long service leave formula—services industry\nThe following is the long service leave formula for the services\n2.6 Amount of leave—services industry\n(1) A registered worker for the services industry who has 7 years or more\nrecognised service is entitled to the number of days of workers long\nformula for the services industry.\n(2) A registered worker for the services industry is entitled to long service\nleave for additional days of service worked out in accordance with\nthe long service leave formula if the worker—\n(a) becomes entitled to long service leave under this Act; and365\nRS\n0.8667W =\n\nSection 2.7\n2.7 Grant of leave by employers—services industry\n(1) The employer of a registered employee for the services industry\n(3) The employer of a registered employee for the services industry\n(i) 2 months before the day when the long service leave starts;\nor\nemployee for the services industry of an employer, means—\n\nSection 2.8\n2.8 Entitlement to payment instead of leave—services\n(1) This section applies to a registered worker for the services industry\nwho has 5 years recognised service if—\n(a) the worker has permanently left the industry; and\n(b) 20 weeks have passed since the day the worker permanently left\nthe industry; and\n(c) the worker has not been credited with service in the workers\nregister for any of the days in the 20-week period.\n(2) Also, this section applies to a registered worker for the services\nindustry if the worker has 5 years recognised service and any of the\nfollowing apply to the worker:\n(a) the worker has left the industry because of total incapacity;\n(b) the worker has reached the prescribed retiring age;\n(c) the worker has died.\n(3) If the governing board is satisfied that this section applies to the\nfor the number of weeks long service leave worked out in accordance\nwith the long service leave formula.\n\nSection 2.9\n2.9 Payments for leave—services industry\n(1) A registered employee for the services industry who has been granted\nlong service leave under section 2.7, or a registered voluntary\nmember who for the industry is entitled to long service leave, may\napply to the authority for payment for the leave.\nsection 2.11 (How are leave payments worked out for the services\nindustry?) if the governing board is satisfied that—\nwork done in the services industry; and\n\nSection 2.10\n2.10 Payments instead of leave—services industry\n(1) If a registered worker for the services industry is entitled to payment\ninstead of long service leave under this Act, the worker may apply to\nthe authority for the payment.\n(2) An application by a registered employee for the services industry on\nthe ground that the employee has ceased work in the services industry\nbecause of total incapacity must be accompanied by a certificate of a\ndoctor certifying that the employee is totally incapacitated for\nemployment in the industry.\nmust pay to the applicant the amount payable under section 2.11.\n\nSection 2.11\n2.11 How are leave payments worked out for the services\n(1) For section 2.9 (Payments for leave—services industry) and\nsection 2.10 (Payments instead of leave—services industry), the\namount payable to a registered worker for, or instead of, long service\nleave is—\nsection 2.12; and\nsection 2.13.\nPat has 10 years of service in the services industry giving Pat an entitlement to\n8.667 weeks long service leave. Pat first worked in the industry as a registered\nemployee and accrued 5 weeks of the entitlement in that capacity. Pat then worked\nas a registered voluntary member and accrued 3.667 weeks of the entitlement in\nthat capacity.\nPat decides to take 7 weeks long service leave. The payment for the leave is the\ntotal of the following amounts:\n• the amount calculated under s 2.12 where ‘D’ is 2106 (ie it took 2106 days of\nservice as a registered employee to accrue the first 5 weeks of long service\nleave entitlement);\n\nSection 2.12\n• the amount calculated under s 2.13, which is the total of the amounts paid to\nthe authority under s 56 for 842 days (2.31 years) of service as a registered\nvoluntary member (ie it took 842 days of service as a registered voluntary\nmember to accrue the next 2 weeks of long service leave entitlement) and the\ninterest under s 2.13 on those amounts.\n2.12 Leave payments for service as registered employee—\n(1) For section 2.11, the amount payable to a registered worker for long\nservices industry is the amount worked out as follows:\nhappened; orR\nD\n0.8667 \n\nSection 2.13\nworker before the designated day;\n(iv) the most recent 40 quarters of service as a registered\nHenry has worked in the services industry for 7 years. The periods in par (b) (i),\n(ii) and (iii) apply to Henry because he has completed more than 20 quarters (or\n5 years), but less than 40 quarters (or 10 years), relevant service.\nHenry’s average weekly income for the 2 quarters before the designated day is\n$283. His weekly averages for the 4 and 20 quarters before the designated day are\n$427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of\nthe weekly averages.\n2.13 Leave payments for service as registered voluntary\nmember—services industry\n(1) For section 2.11 (How are leave payments worked out for the services\nindustry?), the amount payable to a registered worker for the services\nindustry for long service leave for service accrued as a registered\nvoluntary member is the total of the following for the service:\n\nSection 2.14\n(a) if the services industry scheme funds invested made a return—\n75% of the rate of the return for the financial year in which the\ndetermination is made; or\n2.14 Payments by authority on reciprocal authority’s behalf—\n(1) This section applies to a registered worker for the services industry\nwho has a long service leave entitlement under this Act and a\ncorresponding law.\nlaw.\n\nSection 2.15\n2.15 Payments by reciprocal authority on authority’s behalf—\nfor work done in the services industry.\nemployee in the workers register and to which the payment relates.\namount payable to the worker for the service credited to the worker\nin the State.\n2.17 Records of payments and service—services industry\n(a) pays an amount to a registered worker for the services industry\nunder section 2.9 (Payments for leave—services industry) or\nsection 2.10 (Payments instead of leave—services industry); or\n(b) reimburses a reciprocal authority under section 2.15 (Payments\nby reciprocal authority on authority’s behalf—services industry)\nfor an amount paid to a registered worker.R\nD\n0.8667 \n\nSection 2.18\nrelating to the service period for which the worker has been paid.\n(a) the period of the service; and\n2.18 Public holidays not to count as leave—services industry\nservice leave taken by a registered worker for the services industry.\n\nSection 3.1\nSchedule 3 Long service leave payments—\n3.1 What is the community sector industry?\n(1) The community sector industry is—\n(a) in relation to the ACT, any of the following:\n(i) the industry of providing education and care services;\n(ii) the industry of providing residential aged care services;\n(iii) the industry of providing community aged care services;\n(iv) the industry of providing employment placement services\nfor disabled people;\n(v) the industry of providing the following residential care\nservices:\n(A) care accommodation or homes for disadvantaged\npeople where nursing or medical care is not provided\nas a major service;\n(B) residential corrective services for young offenders;\n(vi) the industry of providing community service advocacy\nservices;\n(vii) the industry of providing non-residential care welfare\nservices (including fund-raising services for welfare\nservices) not included in subparagraphs (i) to (vi); and\n\nSection 3.2\nNote 1 State includes the Northern Territory (see Legislation Act, dict, pt 1).\nNote 2 The definition of community sector industry was broadened to include\nresidential aged care services and community aged care services with\neffect from 1 July 2016.\neducation and care service means an approved education and care\nservice under the Education and Care Services National Law (ACT),\nsection 5 (1).\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\n3.2 What is community sector work?\ncommunity sector work means work carried out in the community\nsector industry.\nNote The Minister may declare work or an activity to be community sector\nwork (see s 12 (2) (d)) or to not be community sector work\n(see s 13 (2) (d)).\n3.3 Recognised service—community sector industry\nrecognised service, for a registered worker in the community sector\nindustry, means the total number of days of service credit for all of\nthe service periods of the worker less any days of service credit that\nthe worker—\n\nSection 3.4\n(2) A registered worker for the community sector industry is taken to\nhave completed a year of recognised service for each 365 days of\n3.4 Court or tribunal—not employer\nA court or tribunal is not an employer for the community sector\nNote A covered industry schedule may prescribe an entity not to be an\nemployer for the covered industry—see s 7 (3).\n3.5 Service credit—community sector industry—s 64\n(1) A registered worker for the community sector industry is to be\ncredited in the workers register with 1 day of service for each day\n(including a day when the worker does not carry out community\nsector work) in each service period of the worker on or after the\nworker’s registration day.\nperiod for the worker when the worker does not carry out community sector work.\n\nSection 3.5A\n3.5A Service period—community sector industry\ncommunity sector industry is a continuous period—\n\nSection 3.6\n3.6 Long service leave formula—community sector industry\nThe following is the long service leave formula for the community\nsector industry:\n3.7 Amount of leave—community sector industry\n(1) A registered worker for the community sector industry who has\n5 years or more of recognised service is entitled to the number of days\nof workers long service leave worked out in accordance with the long\nservice leave formula for the community sector industry.\n(2) A registered worker for the community sector industry is entitled to\nlong service leave for additional days of service worked out in\naccordance with the long service leave formula if the worker—\n(a) becomes entitled to long service leave under this Act; and\n3.8 Grant of leave by employers—community sector industry\n(1) The employer of a registered employee for the community sector\nindustry commits an offence if—\n\nSection 3.8\n(3) The employer of a registered employee for the community sector\nindustry commits an offence if—\n(i) 2 months before the day when the long service leave starts;\nor\nemployee for the community sector industry of an employer,\nmeans—\n\nSection 3.9\n3.9 Entitlement to payment instead of leave—community\n(1) This section applies to a registered worker for the community sector\nindustry if the worker has 5 years recognised service and—\n(a) all of the following apply:\n(i) the worker has permanently left the industry;\n(ii) 20 weeks have passed since the day the worker\npermanently left the industry;\n(iii) the worker has not been credited with service in the\nworkers register for any of the days in the 20-week period;\nor\n(b) any of the following apply:\n(i) the worker has left the industry because of total incapacity;\n(ii) the worker has reached the prescribed retiring age;\n(iii) the worker has died.\n(2) If the governing board is satisfied that this section applies to the\nfor the number of weeks long service leave worked out in accordance\nwith the long service leave formula.\n\nSection 3.10\n3.10 Payments for leave—community sector industry\n(1) A registered employee for the community sector industry who has\nbeen granted long service leave under section 3.8, or a registered\nvoluntary member who for the industry is entitled to long service\nleave, may apply to the authority for payment for the leave.\nsection 3.12 (How are leave payments worked out for the community\nsector industry?) if the registrar is satisfied that—\nwork done in the community sector industry; and\n3.11 Payments instead of leave—community sector industry\n(1) If a registered worker for the community sector industry is entitled to\npayment instead of long service leave under this Act, the worker may\napply to the authority for the payment.\n(2) An application by a registered employee for the community sector\nindustry on the ground that the employee has ceased work in the\ncommunity sector industry because of total incapacity must be\naccompanied by a certificate of a doctor certifying that the employee\nis totally incapacitated for employment in the industry.\n\nSection 3.12\nmust pay to the applicant the amount payable under section 3.12.\n3.12 How are leave payments worked out for the community\nsector industry?\n(1) For section 3.10 (Payments for leave—community sector industry)\nand section 3.11 (Payments instead of leave—community sector\nindustry), the amount payable to a registered worker for, or instead\nof, long service leave is—\nsection 3.13; and\nsection 3.14.\n\nSection 3.13\nAlex has 5 years of service in the community sector industry giving Alex an\nentitlement to 4.335 weeks long service leave. Alex first worked in the industry as\na registered employee and accrued 2 weeks of the entitlement in that capacity. Alex\nthen worked as a registered voluntary member and accrued 2.335 weeks of the\nAlex decides to take 4.335 weeks long service leave. The payment for the leave is\nthe total of the following amounts:\n• the amount calculated under s 3.13 where ‘D’ is 842 (ie it took 842 days of\nservice as a registered employee to accrue the first 2 weeks of long service\nleave entitlement);\n• the amount calculated under s 3.14, which is the total of the amounts paid to\nthe authority under s 56 for 983 days (2.69 years) of service as a registered\nvoluntary member (ie it took 983 days of service as a registered voluntary\nmember to accrue the next 2.335 weeks of long service leave entitlement) and\nthe interest under s 3.14 on those amounts.\n3.13 Leave payments for service as registered employee—\n(1) For section 3.12, the amount payable to a registered worker for long\ncommunity sector industry is the amount worked out as follows:\n\nSection 3.13\nHarry has worked in the community sector industry for 5 years. The periods in\npar (b) (i), (ii) and (iii) apply to Harry because he has completed more than\n20 quarters (or 5 years) relevant service.\nHarry’s average weekly income for the 2 quarters before the designated day is $283.\nHis weekly averages for the 4 and 20 quarters before the designated day are $427\nand $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of the\nweekly averages.\n\nSection 3.14\n3.14 Leave payments for service as registered voluntary\nmember—community sector industry\n(1) For section 3.12 (How are leave payments worked out for the\ncommunity sector industry?), the amount payable to a registered\nworker for the community sector industry for long service leave for\nservice accrued as a registered voluntary member is the total of the\nfollowing for the service:\n(a) if the community sector industry scheme funds invested made a\nreturn—75% of the rate of the return for the financial year in\nwhich the determination is made; or\n\nSection 3.15\n3.15 Payments by authority on reciprocal authority’s behalf—\n(1) This section applies to a registered worker for the community sector\nindustry who has a long service leave entitlement under this Act and\na corresponding law.\nlaw.\n3.16 Payments by reciprocal authority on authority’s behalf—\nfor work done in the community sector industry.\nemployee in the workers register and to which the payment relates.\n\nSection 3.18\namount payable to the worker for the service credited to the worker\nin the State.\n3.18 Records of payments and service—community sector\n(a) pays an amount to a registered worker for the community sector\nindustry under section 3.10 (Payments for leave—community\nsector industry) or section 3.11 (Payments instead of leave—\ncommunity sector industry); or\n(b) reimburses a reciprocal authority under section 3.16 (Payments\nby reciprocal authority on authority’s behalf—community\nsector industry) for an amount paid to a registered worker.\nrelating to the service period for which the worker has been paid.\n(a) the period of the service; and\n3.19 Public holidays etc not to count as leave—community\n(1) This section applies if a public holiday or industry holiday falls during\na period of long service leave taken by a registered worker for the\ncommunity industry.\nholiday and industry holiday.\n\nSection 3.19\nindustry holiday means a day that is a holiday for people employed\nin the community sector industry under a fair work instrument made\nunder the Fair Work Act 2009 (Cwlth).\n\nSection 4.1\nSchedule 4 Long service leave payments—\n4.1 What is the security industry?\n(1) The security industry is—\n(a) in relation to the ACT—the industry in which security activities\nare undertaken by people licensed to undertake the activities\nunder the Security Industry Act 2003; and\n(2) In this section—\nsecurity activity means an activity within the meaning of the Security\nIndustry Act 2003, section 7 (1) (a) to (h).\nNote Stated people, including a custodial officer and a police officer, are\nexempt from the application of the Security Industry Act 2003 (see that\nAct, s 9 and Security Industry Regulation 2003, s 6 (1)). Those stated\npeople are not undertaking a security activity for the purposes of this Act.\n4.2 What is security work?\nsecurity work means work carried out in the security industry.\nNote The Minister may declare work or an activity to be work in the security\nindustry (see s 12 (2) (d)) or to not be work in the security industry\n(see s 13 (2) (d)).\n\nSection 4.3\n4.3 Recognised service—security industry\nrecognised service, for a registered worker in the security industry,\nmeans the total number of days of service credit for all of the service\nperiods of the worker less any days of service credit that the worker—\n(2) A registered worker for the security industry is taken to have\ncompleted a year of recognised service for each 365 days of\n4.4 Court or tribunal—not employer\nA court or tribunal is not an employer for the security industry.\nNote A covered industry schedule may prescribe an entity not to be an\nemployer for the covered industry—see s 7 (3) (e).\n4.5 Service credit—security industry—s 64\n(1) A registered worker for the security industry is to be credited in the\nworkers register with 1 day of service for each day (including a day\nwhen the worker does not carry out security work) in each service\nperiod of the worker on or after the worker’s registration day.\nperiod for the worker when the worker does not carry out security work.\n\nSection 4.5A\n4.5A Service period—security industry\nsecurity industry is a continuous period—\n\nSection 4.6\n4.6 Long service leave formula—security industry\nThe following is the long service leave formula for the security\nW means the number of weeks long service leave held by the worker.\n4.7 Amount of leave—security industry\n(1) A registered worker for the security industry who has 7 years or more\nrecognised service is entitled to the number of days of workers long\nformula for the security industry.\n(2) A registered worker for the security industry is entitled to additional\nlong service leave worked out in accordance with the long service\nleave formula for the security industry if the worker—\n(a) becomes entitled to long service leave under this Act for work\ndone in the industry; and\n\nSection 4.8\n4.8 Grant of leave by employers—security industry\n(1) The employer of a registered employee for the security industry\n(3) The employer of a registered employee for the security industry\n(i) not later than 2 months after the day when the long service\nleave starts; or\nemployee for the security industry of an employer, means—\n\nSection 4.9\nemployee, a period longer than 6 months—the period allowed\nby the board; or\n4.9 Entitlement to payment instead of leave—security\n(1) This section applies to a registered worker for the security industry if\nthe worker has 5 years recognised service and—\n(a) all of the following apply:\n(i) the worker has permanently left the industry;\n(ii) 20 weeks have passed since the day the worker\npermanently left the industry;\n(iii) the worker has not been credited with service in the\nworkers register for any of the days in the 20-week period;\nor\n(b) any of the following apply:\n(i) the worker has left the industry because of total incapacity;\n(ii) the worker has reached the prescribed retiring age;\n(iii) the worker has died.\n(2) If the governing board is satisfied that this section applies to the\nfor the amount of long service leave worked out in accordance with\nthe long service leave formula.\n\nSection 4.10\nprescribed retiring age—\n4.10 Payments for leave—security industry\n(1) A registered employee for the security industry who has been granted\nlong service leave under section 4.8, or a registered voluntary\nmember for the industry who is entitled to long service leave, may\napply to the authority for payment for the leave.\nsection 4.12 (How are leave payments worked out for the security\nindustry?) if the registrar is satisfied that—\nwork done in the security industry; and\n\nSection 4.11\n4.11 Payment instead of leave—security industry\n(1) If a registered worker for the security industry is entitled to payment\ninstead of long service leave under this Act, the worker may apply to\nthe authority for the payment.\n(2) An application by a registered employee for the security industry on\nthe ground that the employee has ceased work in the security industry\nbecause of total incapacity must be accompanied by a certificate of a\ndoctor certifying that the employee is totally incapacitated for\nemployment in the industry.\nsubsection (2) to a medical examination by a doctor chosen by the\nboard for that purpose from a panel of 3 doctors nominated by the\nAustralian Capital Territory Branch of the Australian Medical\nAssociation.\n(5) If an applicant fails, without reasonable excuse to comply with a\nmust pay to the applicant the amount payable under section 4.12.\n4.12 How are leave payments worked out for the security\n(1) For section 4.10 and section 4.11, the amount payable to a registered\nworker for, or instead of, long service leave is—\nsection 4.13; and\n\nSection 4.12\nsection 4.14.\nSam has 7 years of service in the security industry giving Sam an entitlement to\n6.0669 weeks long service leave. Sam first worked in the industry as a registered\nemployee and accrued 4.3335 weeks of the entitlement in that capacity. Sam then\nworked as a registered voluntary member and accrued 1.7334 weeks of the\nSam decides to take 6.0669 weeks long service leave. The payment for the leave is\nthe total of the following amounts:\n• the amount calculated under s 4.13 where ‘D’ is 1825 (ie it took 1825 days of\nservice as a registered employee to accrue the first 4.3335 weeks of long\nservice leave entitlement);\n• the amount calculated under s 4.14, which is the total of the amounts paid to\nthe authority under s 56 for 730 days (2 years) of service as a registered\nvoluntary member (ie it took 730 days of service as a registered voluntary\nmember to accrue the next 1.7334 weeks of long service leave entitlement)\nand the interest under s 4.14 on those amounts.\n\nSection 4.13\n4.13 Leave payments for service as registered employee—\nFor section 4.12, the amount payable to a registered worker for long\nsecurity industry is the amount worked out as follows:\n\nSection 4.14\nDanijela has worked in the security industry for 5 years. The periods in par (b) (i),\n(ii) and (iii) apply to Danijela because she has completed more than 20 quarters (or\n5 years) relevant service.\nDanijela’s average weekly income for the 2 quarters before the designated day is\n$283. Her weekly averages for the 4 and 20 quarters before the designated day are\n$427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of\nthe weekly averages.\n4.14 Leave payments for service as registered voluntary\nmember—security industry\n(1) For section 4.12 (How are leave payments worked out for the security\nindustry?), the amount payable to a registered worker for the security\nindustry for long service leave for service accrued as a registered\nvoluntary member is the total of the following for the service:\n(a) if the security industry scheme funds invested made a return—\n75% of the rate of the return for the financial year in which the\ndetermination is made; or\n\nSection 4.15\n4.15 Payments by authority on reciprocal authority’s behalf—\n(1) This section applies to a registered worker for the security industry\nwho has a long service leave entitlement under this Act and a\ncorresponding law.\nlaw.\n4.16 Payments by reciprocal authority on authority’s behalf—\nfor work done in the security industry.\n\nSection 4.18\nD means the number of days of service credited to the person in the\nworkers register for service as an employee and to which the payment\nrelates.\namount payable to the person for the service credited to the person in\nthe State.\n4.18 Records of payments and service—security industry\n(a) pays an amount to a registered worker for the security industry\nunder section 4.10 (Payments for leave—security industry) or\nsection 4.11 (Payment instead of leave—security industry); or\n(b) reimburses a reciprocal authority under section 4.16 (Payments\nby reciprocal authority on authority’s behalf—security industry)\nfor an amount paid to a registered worker for the industry.\nrelating to the period of service for which the worker has been paid.\n(a) the period of service; and\n\nSection 4.19\n4.19 Public holidays not to count as leave—security industry\nservice leave taken by a registered employee for the security industry.\n\n(see s 80, def reviewable decision)\nitem\n1 31 (1) (b) refuse to allow\nfor application\nfor registration\nby employer\n2 32 (2) refuse to\nregister person\nas employer\nperson registrar\n3 37 (4) (b) confirm\nregistrar’s\ndecision to refuse\nto register\napplicant as\n4 45 (3) (a) confirm\nregistrar’s\ndecision to refuse\nto register\napplicant as\nworker\nperson governing\n5 47 refuse to credit\nemployee with\nprior service\nemployee governing\n6 47 amount of prior\nservice credited\nemployee governing\n\nReviewable decisions Schedule 5\nitem\n7 48 refuse to credit\nmember with\nprior service\n8 48 amount of prior\nservice credited\n9 49 (2) (b) (ii) refuse to allow\n10 49A (1) (b) refuse to allow\n11 49A (3) refuse to waive\nall or part of late\nfee payable by\n12 52 (3) refuse to waive\nall or part of\ninterest payable\nby employer\n13 54 (1) (b) refuse to allow\nregistered\nregistered\nregistrar\n\nitem\n14 60 (4) (b) fix another\namount as the\ntotal ordinary\nremuneration of\nworker for\nquarter\n• worker\n• if the worker\nis an\nemployee—\nthe worker’s\n15 63 (2) (b) refuse to allow\nfor person to pay\namount\nperson registrar\n16 66 (1) (b) refuse to direct\nregistrar to re-\nregister person\nperson governing\n17 69 (4) allow, or refuse\nto allow,\nobjection to\nmatter in\ncertificate given\nto worker under\ns 67\n• worker\n• if the worker\nis an\nemployee—\nthe worker’s\n18 69 (4) allow, or refuse\nto allow,\nobjection to\nmatter in\ncertificate given\nto employer\nunder s 68\n• employer\n• employee to\nwhom\nobjection\nrelates\n19 89 (2) (b) not satisfied\nthat amount\npaid by\nemployer was\nproperly paid\n\nReviewable decisions Schedule 5\nitem\n20 89A (2) refuse\nreimbursement\nof direct\npayment of long\nservice leave\n21 sch 1, 1.7 (5)\n(b), sch 2,\n2.7 (5) (b),\nsch 3, 3.8 (5)\n(b) or sch 4, 4.8\n(5)\nrefuse to allow\nadditional period\n22 sch 1, 1.8 (3),\nsch 2, 2.8 (3),\nsch 3, 3.9 (2),\nor sch 4, 4.9 (2)\nsection applies to\napplicant\n23 sch 1, 1.9 (2),\nsch 2, 2.9 (2),\nsch 3, 3.10 (2)\nor sch 4,\n4.10 (2) (a)\napplicant entitled\nto long service\nleave\n24 sch 1, 1.10 (6),\nsch 2, 2.10 (6),\nsch 3, 3.11 (6)\nor sch 4,\n4.11 (6)\napplicant entitled\nto payment\ninstead of long\nservice leave\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• contravene\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• document\n• Executive\n• exercise\n• function\n• head of service\n• in relation to\n• public holiday\n• public servant\n• reviewable decision notice\n• State\n• territory authority\n• territory law\n• the Territory.\naccommodation and food services industry—see schedule 2,\nsection 2.1 (1) (a) (iii).\napprentice means an apprentice other than a school-based apprentice.\nat premises, for part 8 (Enforcement)—see section 70.\nauthority means the Long Service Leave Authority established under\nsection 79A.\nbuilding and construction industry—see schedule 1, section 1.1.\n\nbuilding and construction work—see schedule 1, section 1.2.\ncommunity sector industry—see schedule 3, section 3.1.\ncommunity sector work—see schedule 3, section 3.2.\ncorresponding law means a law of the Commonwealth or a State\nabout long service leave.\ncovered industry—see section 6.\ncovered industry schedule means—\n(a) for the building and construction industry—schedule 1; and\n(b) for the services industry—schedule 2; and\n(c) for the community sector industry—schedule 3; and\n(d) for the security industry—schedule 4.\nday—see section 14.\ndecision-maker, for a reviewable decision, for part 9 (Notification\nand review of decisions)—see section 80.\nemployee—see section 9.\nemployer—see section 7.\nemployers register—see section 30.\ngoverning board means the governing board of the authority\nestablished under section 79E.\nhairdressing and beauty services industry—see schedule 2,\nsection 2.1 (1) (a) (ii).\ninternally reviewable decision, for part 9 (Notification and review of\ndecisions)—see section 80A (1).\n\nlong service leave formula—\n(a) for the building and construction industry—see schedule 1,\nsection 1.5; and\n(b) for the services industry—see schedule 2, section 2.5; and\n(c) for the community sector industry—see schedule 3, section 3.6;\nand\n(d) for the security industry—see schedule 4, section 4.6.\noccupier, for part 8 (Enforcement)—see section 70.\nordinary remuneration—\n(a) means salary or wages, and allowances, paid or payable to a\nworker for work; and\n(b) includes worker’s compensation payments made to a worker by\nthe worker’s employer; but\n(c) does not include—\n(i) amounts paid to the worker for—\n(A) working overtime; or\n(B) reimbursement for expenses incurred by the worker;\nor\n(C) the use of materials, equipment or a motor vehicle\nprovided by the worker; or\n(ii) allowances paid to the worker for travel, meals, or\nprotective clothing; or\n(iii) amounts paid to the worker on termination of employment\nincluding—\n(A) payment in lieu of notice; and\n(B) lump sum payment for accrued leave; and\n(C) redundancy; or\n\n(iv) superannuation contributions made by the worker’s\npremises includes any land, structure or vehicle and any part of an\narea of land, a structure or vehicle.\nquarter—see section 48A.\nreciprocal agreement—see section 90.\nreciprocal authority means the entity under a corresponding law that\nadministers the scheme of long service benefits established by the\nlaw.\nreciprocating State means a State in relation to which a reciprocal\nagreement is in force.\nrecognised service, for a registered worker—\n(a) in the building and construction industry—see schedule 1,\nsection 1.3 (1); and\n(b) in the services industry—see schedule 2, section 2.3 (1); and\n(c) in the community sector industry—see schedule 3,\nsection 3.3 (1); and\n(d) in the security industry—see schedule 4, section 4.3 (1).\nregistered employee means an employee who is a registered worker.\nregistered employer means a person who is registered under\nsection 34.\nregistered voluntary member means a voluntary member who is a\nregistered worker means an individual who is registered under\nsection 46.\n\nregistrar means the chief executive officer of the authority within the\nmeaning of the Financial Management Act 1996, dictionary,\ndefinition of chief executive officer.\nregistration day, in relation to a worker—see section 15.\nreviewable decision, for part 9 (Notification and review of\ndecisions)—see section 80.\nschool-based apprentice means an apprentice to whom a\nschool-based training arrangement, undertaken as part of a course of\nsecondary education, applies.\nsecurity industry—see schedule 4, section 4.1.\nsecurity work—see schedule 4, section 4.2.\nservice, for a registered worker for a covered industry, means service\nin the covered industry.\nservice period, for a registered worker—\n(a) in the building and construction industry—see schedule 1,\nsection 1.4A (1); and\n(b) in the services industry—see schedule 2, section 2.4A (1); and\n(c) in the community sector industry—see schedule 3, section 3.5A\n(1); and\n(d) in the security industry—see schedule 4, section 4.5A (1).\nservices industry—see schedule 2, section 2.1.\nservices work—see schedule 2, section 2.2.\nstaff of the authority, for part 8A (Administration)—see section 79J.\nvoluntary member—see section 10.\nwork, in a covered industry—see section 11.\nworker—see section 8.\nworkers register—see section 39.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":114},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLong Service Leave (Portable Schemes) Act 2009 A2009-25\nnotified LR 8 September 2009\ns 1, s 2 commenced 8 September 2009 (LA s 75 (1))\nremainder commenced 1 January 2010 (s 2)\nas amended by\nLong Service Leave (Community Sector) Amendment Act 2009\nA2009-42\nnotified LR 23 November 2009\ns 1, s 2 commenced 23 November 2009 (LA s 75 (1))\nremainder commenced 1 July 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.97\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.97 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.24\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.24 commenced 21 September 2011 (s 2 (1))\nLong Service Leave (Portable Schemes) Amendment Act 2012\nA2012-9\nnotified LR 4 April 2012\ns 1, s 2 commenced 4 April 2012 (LA s 75 (1))\nremainder commenced 1 July 2012 (s 2 and CN2012-7)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.30\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.30 commenced 5 June 2012 (s 2 (1))\n\nLegislation history 3\nLong Service Leave (Portable Schemes) (Security Industry)\nAmendment Act 2012 A2012-22\nnotified LR 23 May 2012\ns 1, s 2 commenced 23 May 2012 (LA s 75 (1))\nremainder commenced 23 November 2012 (s 2 and LA s 79)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.26\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.26 commenced 14 June 2013 (s 2)\nLong Service Leave (Portable Schemes) Amendment Act 2013\nA2013-49\nnotified LR 4 December 2013\ns 1, s 2 commenced 4 December 2013 (LA s 75 (1))\nremainder commenced 1 January 2014 (s 2)\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.12\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.12 commenced 20 November 2014 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.23\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.23 commenced 9 December 2015 (s 2)\nLong Service Leave (Portable Schemes) Amendment Act 2016\nA2016-23\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\nremainder commenced 1 July 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.49\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.49 commenced 1 September 2016 (s 2)\n\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.12\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.12 commenced 15 August 2017 (s 2)\nLong Service Leave (Portable Schemes) Amendment Act 2019\nA2019-44\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\nremainder commenced 1 January 2020 (s 2)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.13\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.13 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.20\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.20 commenced 14 May 2020 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.33\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.33 commenced 23 June 2021 (s 2 (1))\nWorkplace Legislation Amendment Act 2022 A2022-23 pt 2\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 2 commenced 10 December 2022 (s 2 (1))\nLong Service Leave (Portable Schemes) Amendment Act 2023\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\ns 23 commenced 12 April 2023 (s 2 (1))\nss 4-8, s 18, s 20, s 21, s 25 commenced 11 May 2023 (s 2 (2))\nremainder commenced 1 April 2025 (s 2 (3) as am by A2024-15 s 4)\n\nLegislation history 3\nWorkplace Legislation Amendment Act 2025 A2025-18 pt 4\nnotified LR 2 July 2025\ns 1, s 2 commenced 2 July 2025 (LA s 75 (1))\npt 4 commenced 9 July 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.58, sch 4\npt 4.119\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.58, sch 4 pt 4.119 commenced 26 November 2025 (s 2 (3),\n(9))\nWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 4,\nsch 1 pt 1.3\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 4, sch 1 pt 1.3 commenced 19 November 2025 (s 2 (3))\n\nCommencement\ns 2 om LA s 89 (4)\nWhat is a covered industry?\ns 6 am A2009-42 s 4, s 5; A2012-22 s 4, s 5; A2013-49 s 4;\nA2023-11 s 26\nWho is an employer?\ns 7 am A2012-9 s 4; A2013-49 ss 5-8; pars renum R11 LA;\nA2023-11 s 4; A2025-30 s 10\nWho is a worker?\ns 8 am A2013-49 s 9, s 10; A2019-44 s 35\nWho is an employee?\ns 9 am A2013-49 s 11, s 12\nWho is a voluntary member?\ns 10 am A2012-9 s 5; A2013-49 s 13; A2015-50 amdt 3.120\nsub A2019-44 s\nWhat is work?\ns 11 am A2012-9 s 6; ss renum R7 LA\nsub A2013-49 s 14\nam A2019-44 s 35; A2023-11 s 5\nDeclarations by Minister—additional coverage of Act\ns 12 sub A2013-49 s 14\nam A2019-44 s 35; A2025-30 s 11; pars renum R29 LA;\nA2025-29 amdt 4.120\nDeclarations by Minister—limitation to coverage of Act\ns 13 am A2009-42 s 6; A2012-22 s 6\nsub A2013-49 s 14\nam A2019-44 s 35; A2025-29 amdt 4.120\nMeaning of day\ns 14 am A2025-29 amdt 4.120\nMeaning of registration day\ns 15 am A2013-49 s 15; pars renum R11 LA\nEntitlement to long service leave\ns 15A ins A2013-49 s 16\nAdministration\npt 3 hdg renum as pt 8A hdg\nThe authority, governing board and staff\ndiv 3.1 hdg renum as div 8A.1 hdg\n\nEstablishment of authority\ns 16 renum as s 79A\nAuthority not territory instrumentality etc\ns 17 renum as s 79B\nFunctions of authority\ns 18 renum as s 79C\nDelegation by authority\ns 19 renum as s 79D\nEstablishment of governing board\ns 20 renum as s 79E\nGoverning board members\ns 21 renum as s 79F\nDeputy chair\ns 22 renum as s 79G\nDeputy registrar\ns 23 renum as s 79H\nFunctions of governing board\ns 24 renum as s 79I\nArrangements for staff\ns 25 renum as s 79J\nFinances\ndiv 3.2 hdg renum as div 8A.2 hdg\nMoney of authority\ns 26 renum as s 79K\nApplication of authority money\ns 27 renum as s 79L\nAuthority money—separate funds for covered industries\ns 28 renum as s 79M\n3-yearly investigation by actuary\ns 29 renum as s 79N\nEmployers registration\ns 30 am A2012-9 s 8\nApplication for registration by employers\ns 31 am A2013-49 ss 21-23; A2021-12 amdt 3.79\nDealing with applications after end of 1-month period\ns 33 om A2012-9 s 9\n\nCertificate of registration for employers\ns 35 am A2021-12 amdt 3.79; A2025-29 amdt 4.120\nAppeals against refusal to register as employer\ns 37 am A2021-12 amdt 3.79\nOrder to apply for registration\ns 38 am A2019-44 s 36\nWorkers register\ns 39 am A2012-9 s 10\nApplications for registration by workers\ns 40 am A2021-12 amdt 3.79\nApplication by employers for registration of employee\ns 41 am A2012-9 s 11; A2021-12 amdt 3.79\nRegistrar may register employee without application\ns 44 sub A2013-49 s 24\nAppeals against refusal to register as worker\ns 45 am A2021-12 amdt 3.79\nRegistration as worker\ns 46 am A2013-49 s 25\nService credit—employee’s prior service\ns 47 sub A2012-9 s 12\nam A2013-49 ss 26-29; A2019-44 s 5, s 6; A2023-11 s 26\nService credit—unreported service\ns 47A ins A2019-44 s 7\nService credit—voluntary member’s prior service\ns 48 hdg am A2019-44 s 37\ns 48 sub A2012-9 s 12\nam A2013-49 s 30; A2019-44 ss 35-37\nMeaning of quarter\ns 48A ins A2025-18 s 6\nQuarterly returns by employers\ns 49 am A2012-9 s 13\nsub A2019-44 s 8\nLate fee—quarterly return\ns 49A ins A2019-44 s 8\nDetermination of levy—employers\ns 51 sub A2012-9 s 14\nam A2016-23 s 4; A2025-29 amdt 4.120\n\nInterest payable on levy payment\ns 52 am A2012-9 s 15\nsub A2013-49 s 31; A2019-44 s 9\nInterest rate\ns 53 om A2012-9 s 16\nins A2019-44 s 9\nQuarterly returns by voluntary members\ns 54 hdg am A2019-44 s 36\ns 54 am A2012-9 s 17, s 18; ss renum R7 LA; A2019-44 s 10, s 35,\ns 37; A2021-12 amdt 3.79\nLevy payments by voluntary members\ns 55 hdg am A2019-44 s 36\ns 55 am A2019-44 s 35\nDetermination of levy—voluntary members\ns 56 hdg am A2019-44 s 36\ns 56 am A2016-23 s 5; A2019-44 s 36; A2025-29 amdt 4.120\nMinor changes to levy—employers and voluntary members\ns 56A hdg am A2019-44 s 36\ns 56A ins A2016-23 s 6\nam A2019-44 s 11, s 36; A2025-18 s 7; A2025-29 amdt 4.120\nEmployers to keep records\ns 57 am A2019-44 s 12\nRegistered voluntary members to keep records\ns 58 hdg am A2019-44 s 36\ns 58 am A2019-44 s 35, s 37\nLiability of company directors to pay levy\npt 5A hdg ins A2019-44 s 13\nApplication—pt 5A\ns 58A ins A2019-44 s 13\nLiability of directors to pay levy\ns 58B ins A2019-44 s 13\nReview of ordinary remuneration by governing board\ns 60 am A2012-9 s 19; ss renum R7 LA; A2019-44 s 35, s 36\nNotice of governing board decisions on review of ordinary remuneration\ns 61 am A2012-9 s 20; A2019-44 s 35, s 36\nEffect of variation of ordinary remuneration\ns 62 am A2019-44 s 35, s 36\n\nRemoving people from workers register\ns 65 am A2009-42 s 7; A2012-9 s 21; A2013-49 s 32; A2019-44\ns 14, s 35; A2023-11 s 26\nAccess to long service leave register information\npt 7 hdg sub A2012-9 s 22\nInformation for registered workers\ns 67 sub A2012-9 s 23\nam A2019-44 s 35, s 36\nInformation for employers\ns 68 sub A2012-9 s 23\nam A2013-49 s 33\nCertified copies of long service leave registers\ns 69 sub A2012-9 s 23\nAppointment of inspectors\ns 71 am A2011-22 amdt 1.301; A2012-9 s 24; A2025-30 amdt 1.3\nIdentity cards\ns 72 am A2011-22 amdt 1.301; A2012-9 s 25\nPower to enter premises\ns 73 am A2025-30 amdt 1.4\nPower to obtain, inspect and copy records\ns 76 sub A2019-44 s 15\nam A2025-30 amdt 1.5\nAbrogation of privilege against self-incrimination\ns 76A ins A2019-44 s 15\nWarning to be given\ns 76B ins A2019-44 s 15\nam A2025-30 s 12\nEnforcement of obligations\ns 79 am A2025-29 amdt 4.120\nAdministration\npt 8A hdg (prev pt 3 hdg) reloc and renum as pt 8A hdg A2013-49 s 20\nThe authority and governing board\ndiv 8A.1 hdg (prev div 3.1 hdg) reloc and renum as div 8A.1 hdg A2013-49\ns 20\nsub A2023-11 s 6\nEstablishment of authority\ns 79A (prev s 16) reloc and renum as s 79A A2013-49 s 20\n\nAuthority not territory instrumentality etc\ns 79B (prev s 17) reloc and renum as s 79B A2013-49 s 20\nFunctions of authority\ns 79C (prev s 18) am A2013-19 amdt 3.200\nreloc and renum as s 79C A2013-49 s 20\nam A2025-29 amdt 3.196\nDelegation by authority\ns 79D (prev s 19) am A2012-9 s 7\nreloc and renum as s 79D A2013-49 s 20\nEstablishment of governing board\ns 79E (prev s 20) am A2013-19 amdt 3.201\nreloc and renum as s 79E A2013-49 s 20\nGoverning board members\ns 79F (prev s 21) am A2013-19 amdt 3.202\nreloc and renum as s 79F A2013-49 s 20\nDeputy chair\ns 79G (prev s 22) reloc and renum as s 79G A2013-49 s 20\nDeputy registrar\ns 79H (prev s 23) am A2011-22 amdt 1.301\nreloc and renum as s 79H A2013-49 s 20\nam A2023-11 s 7; A2025-30 amdt 1.6\nFunctions of governing board\ns 79I (prev s 24) reloc and renum as s 79I A2013-49 s 20\nam A2016-23 s 7; pars renum R14 LA; A2019-44 s 36\nStaff of the authority\ndiv 8A.1A hdg ins A2023-11 s 8\nMeaning of staff of the authority—pt 8A\ns 79J (prev s 25) am A2011-22 amdt 1.298\nreloc and renum as s 79J A2013-49 s 20\nsub A2016-52 amdt 1.133; A2023-11 s 8\nEmployment of staff\ns 79JA ins A2023-11 s 8\nTransitional—public servant staff\ns 79JAA ins A2023-11 s 8\nexp 11 May 2025 (s 79JAA (3))\nConsultants\ns 79JB ins A2023-11 s 8\nDelegation by registrar\ns 79JC ins A2023-11 s 8\n\nOther arrangements for staff and facilities\ns 79JD ins A2023-11 s 8\nFinances\ndiv 8A.2 hdg (prev div 3.2 hdg) reloc and renum as div 8A.2 hdg A2013-49\ns 20\nMoney of authority\ns 79K (prev s 26) am A2013-49 s 17\nreloc and renum as s 79K A2013-49 s 20\nam A2019-44 s 36\nApplication of authority money\ns 79L (prev s 27) sub A2013-49 s 18\nreloc and renum as s 79L A2013-49 s 20\nAuthority money—separate funds for covered industries\ns 79M (prev s 28) am A2013-49 s 19\nreloc and renum as s 79M A2013-49 s 20\n3-yearly investigation by actuary\ns 79N (prev s 29) reloc and renum as s 79N A2013-49 s 20\nam A2019-44 s 36; A2025-30 amdt 1.7\nDefinitions—pt 9\ns 80 def internally reviewable decision ins A2012-9 s 26\nInternal review of certain decisions\ns 80A ins A2012-9 s 27\nam A2013-49 s 34\nApplications for internal review\ns 80B ins A2012-9 s 27\nInternal review\ns 80C ins A2012-9 s 27\nReviewable decision notices\ns 81 am A2025-29 amdt 4.120\nReview of decisions by ACAT\ns 82 sub A2012-9 s 28; A2013-49 s 35\nEvidentiary certificates\ns 83 am A2019-44 s 36\nDisclosure of information to territory entities and reciprocal authorities\ns 84 am A2011-22 amdt 1.301; A2013-49 s 36; A2025-29\namdt 3.197\nInspection of register\ns 85 om A2012-9 s 29\n\nNo contracting out\ns 86 sub A2013-49 s 37\nNo contracting out\ns 87 om A2013-49 s 38\nBenefits under other laws—election\ns 88 am A2009-42 s 8\nsub A2013-49 s 39\nBenefits under other laws—reimbursement of employer\ns 89 am A2012-9 s 30\nAuthority reimbursement of certain payments\ns 89A (prev s 90A) ins A2012-9 s 31\nam A2013-49 s 41\nreloc and renum as s 89A A2013-49 s 42\nam A2019-44 s 16; A2021-12 amdt 3.79\nReciprocal agreements for corresponding laws\ns 90 am A2013-49 s 40\nAuthority reimbursement of certain payments\ns 90A reloc and renum as s 89A\nDetermination of fees\ns 91 am A2011-28 amdt 3.157; A2025-29 amdt 4.120\nApproved forms\ns 92 om A2021-12 amdt 3.80\nRegulation-making power\ns 93 am A2025-29 amdt 4.120\nLegislation amended—sch 4\ns 94 om LA s 89 (3)\nLegislation repealed—sch 5\ns 95 om LA s 89 (3)\nTransitional\npt 11 hdg exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nDefinitions—pt 11\ns 96 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\ndef commencement day exp 1 January 2012 (s 107 (1) (LA\ns 88 declaration applies))\ndef LSL (BCI) Act exp 1 January 2012 (s 107 (1) (LA s 88\ndef LSL (CCI) Act exp 1 January 2012 (s 107 (1) (LA s 88\ndef replaced entity exp 1 January 2012 (s 107 (1) (LA s 88\n\nTransitional—rights and liabilities under repealed Acts\ns 97 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—entitlement to payment instead of leave\ns 97A ins A2012-9 s 32\nam A2023-11 s 9\nTransitional—entitlement to payment instead of leave for person who\nbecame registered worker on or after 1 July 2012\ns 97B ins A2023-11 s 10\nVesting of assets and liabilities of replaced entities in authority\ns 98 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nRegistration of changes in title to certain assets\ns 99 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nProceedings and evidence in relation to vested assets and liabilities\ns 100 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—disclosure of information to territory entities and reciprocal\nauthorities\ns 101 am A2011-22 amdt 1.301\nexp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—registers\ns 102 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—amounts to be paid\ns 103 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—inspectors\ns 104 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—chief executive officer\ns 105 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional regulations\ns 106 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nExpiry—pt 11\ns 107 exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))\nTransitional—contract cleaning industry\npt 12 hdg ins A2023-11 s 11\nDefinitions—pt 12\ns 110 ins A2023-11 s 11\nRegistered employers and workers\ns 111 ins A2023-11 s 11\n\nApplications for registration\ns 112 ins A2023-11 s 11\nService credit\ns 113 ins A2023-11 s 11\nTransitional regulations\ns 114 ins A2023-11 s 11\nExpiry—pt 12\ns 115 ins A2023-11 s 11\nWhat is the building and construction industry?\nsch 1 s 1.1 sub A2013-49 s 43\nam A2014-48 amdt 1.23; A2017-21 amdt 1.31, amdt 1.32;\nA2023-11 s 12\nWhat is building and construction work?\nsch 1 s 1.2 sub A2013-49 s 43; A2016-23 ss 8-10\n(3), (4) exp 1 July 2016 (s 1.2 (4))\nRecognised service—building and construction industry\nsch 1 s 1.3 sub A2013-49 s 43\nService credit—building and construction industry—s 64\nsch 1 s 1.4 sub A2013-49 s 43\nam A2019-44 s 36\nService period—building and construction industry\nsch 1 s 1.4A ins A2013-49 s 43\nLong service leave formula—building and construction industry\nsch 1 s 1.5 am A2012-9 s 33; A2013-19 amdt 3.203\nsub A2019-44 s 17\nAmount of leave—building and construction industry\nsch 1 s 1.6 am A2012-9 s 34; A2020-11 amdt 1.48; A2020-14 amdt 1.98\n(3)-(6) exp 30 September 2022 (sch 1 s 1.6 (6))\nEntitlement to payment instead of leave—building and construction industry\nsch 1 s 1.8 am A2012-9 ss 35-37; ss renum R7 LA; A2020-11 amdt 1.49,\namdt 1.50, ss renum R19 LA\nsub A2020-14 amdt 1.99\n\nEntitlement to payment instead of leave—building and construction\nindustry—COVID-19 emergency\nsch 1 s 1.8A ins A2020-14 amdt 1.99\nexp 30 September 2022 (sch 1 s 1.8A (6))\nPayment for leave—building and construction industry\nsch 1 s 1.9 am A2012-9 s 38, s 39; A2019-44 s 35; A2021-12 amdt 3.81;\nA2025-30 s 13\nPayment instead of leave—building and construction industry\nsch 1 s 1.10 am A2021-12 amdt 3.81\nHow are leave payments worked out for the building and construction\nsch 1 s 1.11 am A2013-49 s 44; A2019-44 s 18, s 35\nLeave payments for service as registered employee—building and\nsch 1 s 1.12 am A2013-49 s 45\nLeave payments for service as registered voluntary member—building and\nsch 1 s 1.13 hdg am A2019-44 s 35\nsch 1 s 1.13 am A2012-9 s 40; A2019-44 s 19, s 35, s 36\nPayment by authority on reciprocal authority’s behalf—building and\nsch 1 s 1.14 am A2021-12 amdt 3.81\nPayments by reciprocal authority on authority’s behalf—building and\nsch 1 s 1.15 am A2013-49 s 45\nService credit—building and construction industry—s 64\nsch 1 s 1.16 om A2013-49 s 46\nLong service leave payments—services industry\nsch 2 hdg am A2023-11 s 26\nWhat is the services industry?\nsch 2 s 2.1 sub A2013-49 s 47; A2023-11 s 13\nam A2025-30 s 14\nWhat is services work?\nsch 2 s 2.2 sub A2013-49 s 47; A2016-23 s 11; A2023-11 s 13\nam A2025-30 s 15, s 16\nRecognised service—services industry\nsch 2 s 2.3 hdg am A2023-11 s 26\nsch 2 s 2.3 sub A2013-49 s 47\n\nService credit—services industry—s 64\nsch 2 s 2.4 hdg am A2023-11 s 26\nsch 2 s 2.4 sub A2013-49 s 47\nam A2019-44 s 36; A2023-11 s 14, s 26\nService period—services industry\nsch 2 s 2.4A hdg am A2023-11 s 26\nsch 2 s 2.4A ins A2013-49 s 47\nam A2019-44 s 35, s 37; A2023-11 s 26\nLong service leave formula—services industry\nsch 2 s 2.5 hdg am A2023-11 s 26\nsch 2 s 2.5 am A2023-11 s 26\nAmount of leave—services industry\nsch 2 s 2.6 hdg am A2023-11 s 26\nsch 2 s 2.6 am A2012-9 s 41; A2020-11 amdt 1.51; A2020-14 amdt 1.100\n(3)-(6) exp 30 September 2022 (sch 2 s 2.6 (6))\nGrant of leave by employers—services industry\nsch 2 s 2.7 hdg am A2023-11 s 26\nsch 2 s 2.7 am A2023-11 s 26\nEntitlement to payment instead of leave—services industry\nsch 2 s 2.8 hdg am A2023-11 s 26\nsch 2 s 2.8 am A2012-9 s 42; A2020-11 amdt 1.52, amdt 1.53;\nss renum R19 LA\nsub A2020-14 amdt 1.101\nEntitlement to payment instead of leave—contract cleaning industry—\nCOVID-19 emergency\nsch 2 s 2.8A ins A2020-14 amdt 1.101\nexp 30 September 2022 (sch 2 s 2.8A (6))\nPayments for leave—services industry\nsch 2 s 2.9 hdg am A2023-11 s 26\nsch 2 s 2.9 am A2012-9 s 43, s 44; A2019-44 s 35; A2021-12 amdt 3.81;\nA2023-11 s 26; A2025-30 s 17\nPayments instead of leave—services industry\nsch 2 s 2.10 hdg am A2023-11 s 26\nsch 2 s 2.10 am A2021-12 amdt 3.81; A2023-11 s 26\nHow are leave payments worked out for the services industry?\nsch 2 s 2.11 hdg am A2023-11 s 26\nsch 2 s 2.11 am A2013-49 s 48; A2019-44 s 35; A2022-23 s 4; A2023-11\ns 26\n\nLeave payments for service as registered employee—services industry\nsch 2 s 2.12 hdg am A2023-11 s 26\nsch 2 s 2.12 am A2013-49 s 49; A2019-44 s 20; A2023-11 s 15, s 26\nLeave payments for service as registered voluntary member—services\nsch 2 s 2.13 hdg am A2019-44 s 35; A2023-11 s 26\nsch 2 s 2.13 am A2012-9 s 45; A2019-44 s 21, s 35, s 36; A2023-11 s 16,\ns 26\nPayments by authority on reciprocal authority’s behalf—services industry\nsch 2 s 2.14 hdg am A2023-11 s 26\nsch 2 s 2.14 am A2021-12 amdt 3.81; A2023-11 s 26\nPayments by reciprocal authority on authority’s behalf—services industry\nsch 2 s 2.15 hdg am A2023-11 s 26\nsch 2 s 2.15 am A2013-49 s 49; A2023-11 s 26\nService credit—contract cleaning industry—s 64\nsch 2 s 2.16 om A2013-49 s 50\nRecords of payments and service—services industry\nsch 2 s 2.17 hdg am A2023-11 s 26\nsch 2 s 2.17 am A2023-11 s 26\nPublic holidays not to count as leave—services industry\nsch 2 s 2.18 hdg am A2023-11 s 26\nsch 2 s 2.18 am A2023-11 s 26\nLong service leave payments—community sector industry\nsch 2A renum as sch 3\nLong service leave payments—community sector industry\nsch 3 orig sch 3\nrenum as sch 4\npres sch 3\n(prev sch 2A) ins A2009-42 s 9\nrenum as sch 3 A2009-42 s 14\nWhat is the community sector industry?\nsch 3 s 3.1 sub A2013-49 s 51\nam A2015-50 amdt 3.121; A2016-23 s 12, s 13; pars renum\nR14 LA; A2019-44 s 22, s 23; A2023-11 s 17\nWhat is community sector work?\nsch 3 s 3.2 sub A2013-49 s 51\nam A2016-23 s 14\nRecognised service—community sector industry\nsch 3 s 3.3 sub A2013-49 s 51\n\nCourt or tribunal—not employer\nsch 3 s 3.4 am A2012-9 s 46\nService credit—community sector industry—s 64\nsch 3 s 3.5 sub A2013-49 s 52\nam A2019-44 s 24, s 25, s 36\nService period—community sector industry\nsch 3 s 3.5A ins A2013-49 s 52\nAmount of leave—community sector industry\nsch 3 s 3.7 am A2020-11 amdt 1.54; A2020-14 amdt 1.102\n(3)-(6) exp 30 September 2022 (sch 3 s 3.7 (6))\nEntitlement to payment instead of leave—community sector industry\nsch 3 s 3.9 am A2012-9 s 47; A2020-11 amdt 1.55, amdt 1.56; ss renum\nR19 LA\nsub A2020-14 amdt 1.103\nam A2023-11 s 18\nEntitlement to payment instead of leave—community sector industry—\nCOVID-19 emergency\nsch 3 s 3.9A ins A2020-14 amdt 1.103\nexp 30 September 2022 (sch 3 s 3.9A (5))\nPayments for leave—community sector industry\nsch 3 s 3.10 am A2012-9 s 48, s 49; A2019-44 s 35; A2021-12 amdt 3.81;\nA2022-23 s 5; A2025-30 s 18\nPayments instead of leave—community sector industry\nsch 3 pt 3.11 am A2021-12 amdt 3.81; A2022-23 s 6\nHow are leave payments worked out for the community sector industry?\nsch 3 s 3.12 am A2013-49 s 53; A2019-44 s 35; A2022-23 s 7\nLeave payments for service as registered employee—community sector\nsch 3 s 3.13 am A2013-49 s 54; A2019-44 s 26\nLeave payments for service as registered voluntary member—community\nsch 3 s 3.14 hdg am A2019-44 s 35\nsch 3 s 3.14 am A2012-9 s 50; A2019-44 s 27, s 35, s 36\nPayments by authority on reciprocal authority’s behalf—community sector\nsch 3 pt 3.15 am A2021-12 amdt 3.81\nPayments by reciprocal authority on authority’s behalf—community sector\nsch 3 s 3.16 am A2013-49 s 54; A2022-23 s 8\n\nService credit—community sector industry—s 64\nsch 3 s 3.17 om A2013-49 s 55\nPublic holidays etc not to count as leave—community sector industry\nsch 3 s 3.19 am A2011-28 amdt 3.158, amdt 3.159; A2012-21 amdt 3.119\ns 3.19 (4), (5) exp 21 September 2012 (s 3.19 (5))\nLong service leave payments—security industry\nsch 3A renum as sch 4\nLong service leave payments—security industry\nsch 4 orig sch 4\nom LA s 89 (3)\nprev sch 4\nrenum as sch 5\npres sch 4\n(prev sch 3A) ins A2012-22 s 7\nrenum as sch 4 A2012-22 s 9\nWhat is the security industry?\nsch 4 s 4.1 sub A2013-49 s 56\nam A2023-11 s 20; A2023-11 s 19\nWhat is security work?\nsch 4 s 4.2 sub A2013-49 s 56\nam A2016-23 s 15\nRecognised service—security industry\nsch 4 s 4.3 sub A2013-49 s 56\nService credit—security industry—s 64\nsch 4 s 4.5 hdg sub A2016-23 s 16\nsch 4 s 4.5 sub A2013-49 s 57\nam A2019-44 s 28, s 36\nService period—security industry\nsch 4 s 4.5A ins A2013-49 s 57\nAmount of leave—security industry\nsch 4 s 4.7 am A2020-11 amdt 1.57; A2020-14 amdt 1.104\n(3)-(6) exp 30 September 2022 (sch 4 s 4.7 (6))\nEntitlement to payment instead of leave—security industry\nsch 4 s 4.9 am A2020-11 amdt 1.58, amdt 1.59; ss renum R19 LA\nsub A2020-14 amdt 1.105\nam A2023-11 s 21\nEntitlement to payment instead of leave—security industry—COVID-19\nemergency\nsch 4 s 4.9A ins A2020-14 amdt 1.105\nexp 30 September 2022 (sch 4 s 4.9A (5))\n\nPayments for leave—security industry\nsch 4 s 4.10 am A2019-44 s 35; A2021-12 amdt 3.81; A2022-23 s 9, s 10;\nA2025-30 s 19\nPayment instead of leave—security industry\nsch 4 s 4.11 am A2021-12 amdt 3.81\nHow are leave payments worked out for the security industry?\nsch 4 s 4.12 hdg sub A2022-23 s 11\nsch 4 s 4.12 am A2013-49 s 58; A2019-44 s 29, s 35; A2022-23 s 12\nLeave payments for service as registered employee—security industry\nsch 4 s 4.13 am A2013-49 s 59; A2019-44 s 30\nLeave payments for service as registered voluntary member—security\nsch 4 s 4.14 hdg am A2019-44 s 35\nsch 4 s 4.14 am A2019-44 s 31, s 35, s 36; A2022-23 s 13\nPayments by authority on reciprocal authority’s behalf—security industry\nsch 4 s 4.15 am A2021-12 amdt 3.81\nPayments by reciprocal authority on authority’s behalf—security industry\nsch 4 s 4.16 am A2013-49 s 59\nService credit—security industry—s 64\nsch 4 s 4.17 om A2013-49 s 60\nReviewable decisions\nsch 5 orig sch 5\nom LA s 89 (3)\nprev sch 5\n(prev sch 3) am A2009-42 ss 10-13\nrenum as sch 4 A2009-42 s 14\npres sch 5\n(prev sch 4) am A2012-9 ss 51-54; A2012-22 s 8; items renum\nR9 LA\nrenum as sch 5 A2012-22 s 9\nam A2013-49 s 61; A2019-44 s 32, s 35; items renum R18 LA;\nA2020-14 amdt 1.106\nitem 22A exp 30 September 2022 (sch 1 s 1.8A (6))\ndict am A2011-22 amdt 1.299, amdt 1.300; A2011-28 amdt 3.160;\nA2016-52 amdt 1.134; A2025-18 s 8; A2025-29 amdt 3.198\ndef accommodation and food services industry ins\nA2025-30 s 20\ndef apprentice ins A2012-9 s 55\ndef at premises sub A2011-28 amdt 3.161\ndef authority sub A2013-19 amdt 3.204\ndef building and construction industry am A2013-49 s 62\n\ndef cleaning work om A2023-11 s 22\ndef community sector industry ins A2009-42 s 15\nam A2013-49 s 63\ndef community sector work ins A2009-42 s 15\ndef contract cleaning industry am A2013-49 s 64\nom A2023-11 s 22\ndef contractor om A2019-44 s 33\ndef corresponding law am A2013-49 s 65\ndef covered industry schedule sub A2009-42 s 16\nam A2012-22 s 10; A2023-11 s 26\ndef governing board am A2011-28 amdt 3.162\ndef hairdressing and beauty services industry ins\nA2025-30 s 20\ndef internally reviewable decision ins A2013-19 amdt 3.205\ndef long service leave formula sub A2009-42 s 17\nam A2012-22 s 11; A2023-11 s 26\ndef occupier ins A2011-28 amdt 3.163\ndef ordinary remuneration sub A2013-49 s 66\ndef quarter ins A2025-18 s 9\ndef recognised service sub A2013-49 s 66; A2015-50\namdt 3.122\ndef registered employee ins A2023-11 s 23\ndef registered voluntary member ins A2023-11 s 23\ndef school-based apprentice ins A2012-9 s 55\ndef security industry ins A2012-22 s 12\nam A2013-49 s 67\ndef security work ins A2012-22 s 12\ndef service period sub A2013-49 s 68; A2015-50 amdt 3.123\ndef services industry ins A2023-11 s 24\ndef services work ins A2023-11 s 24\ndef staff of the authority ins A2023-11s 25\ndef voluntary member ins A2019-44 s 34\ndef work ins A2015-50 amdt 3.124\ndef working director am A2011-28 amdt 3.164; A2012-9 s 56\nom A2015-50 amdt 3.125\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Jan 2010\n1 Jan 2010–\nA2009-42 new Act\n1 July 2010–\nA2009-42 amendments by\nA2009-42\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n1 Jan 2012\nA2011-28 amendments by\nA2011-28\n2 Jan 2012\n2 Jan 2012–\nA2011-28 expiry of\ntransitional\nprovisions (pt 11)\n5 June 2012–\nA2012-21 amendments by\nA2012-21\n1 July 2012–\n21 Sept 2012\nA2012-21 amendments by\nA2012-9\n22 Sept 2012\n22 Sept 2012–\n22 Nov 2012\nA2012-21 expiry of provision\n(sch 3, s 3.19 (4),\n(5))\n23 Nov 2012\n23 Nov 2012–\nA2012-22 amendments by\nA2012-22\n14 June 2013–\n31 Dec 2013\nA2013-19 amendments by\nA2013-19\n1 Jan 2014\n1 Jan 2014–\n19 Nov 2014\nA2013-49 amendments by\nA2013-49\n\n5 Earlier republications\nfor\n20 Nov 2014\n20 Nov 2014–\n8 Dec 2015\nA2014-48 amendments by\nA2014-48\n9 Dec 2015\n9 Dec 2015–\nA2015-50 amendments by\nA2015-50\n1 July 2016–\nA2016-23 amendments by\nA2016-23\n2 July 2016–\n31 Aug 2016\nA2016-23 expiry of provision\n(sch 1, s 1.2 (3),\n(4))\n1 Sept 2016\n1 Sept 2016–\n14 Aug 2017\nA2016-52 amendments by\nA2016-52\n15 Aug 2017\n15 Aug 2017–\n31 Dec 2019\nA2017-21 amendments by\nA2017-21\n1 Jan 2020\n1 Jan 2020–\n7 Apr 2020\nA2019-44 amendments by\nA2019-44\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n23 June 2021–\n30 Sept 2022\nA2021-12 amendments by\nA2021-12\n1 Oct 2022\n1 Oct 2022–\n9 Dec 2022\nA2021-12 expiry of provisions\n(sch 1, s 1.6\n(3)-(6), sch 1\ns 1.8A, sch 2, s 2.6\n(3)-(6), sch 2,\ns 2.8A, sch 3, s 3.7\n(3)-(6), sch 3,\ns 3.9A, sch 4, s 4.7\n(3)-(6), sch 4,\ns 4.9A and sch 5,\nitem 22A)\n10 Dec 2022\n10 Dec 2022–\n11 Apr 2023\nA2022-23 amendments by\nA2022-23\n12 Apr 2023\n12 Apr 2023–\n\nEarlier republications 5\nfor\n11 May 2023–\n31 Mar 2025\n1 Apr 2025\n1 Apr 2025–\nA2023-11 as\namended by\nA2024-15\n12 May 2025–\nA2023-11 expiry of\ntransitional\nprovision (s 79JAA)\n9 July 2025–\n18 Nov 2025\nA2025-18 amendments by\nA2025-18\n19 Nov 2025\n19 Nov 2025–\n25 Nov 2025\nA2025-30 amendments by\nA2025-30\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":115}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Sections 15(a)–(c), 41, 42(1)(b), 43(2) and 46","severity":"high","reasoning":"Section 42 treats an employer’s action under section 41 as an application and requires registration if the person is a worker. Sections 43(2) and 46 require the resulting registration day to be stated and entered. Section 15 defines registration day only for worker applications under section 40, registrations under section 44 and directions under section 45(3)(b), omitting successful employer applications under section 41.","confidence":0.99,"description":"No registration day is defined for a worker registered following an employer’s application under section 41.","source_quotes":["an employer applies under section 41 for the registration of a person as a worker for a covered industry.","If the registrar’s decision is to register the person as a worker for a covered industry, the notice must state the person’s registration day.","registration day—\n(a) for a worker who applies to be registered under section 40—\nmeans the day the application for registration as a worker for a\ncovered industry was received by the registrar; and\n(b) for a worker who the registrar registers under section 44—\nmeans the day the worker’s name is4.1;"]}],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond an original, narrower portability mechanism. Amendments over time have broadened industry coverage, added voluntary member (contractor) arrangements, introduced director liability for phoenixing (pt 5A, s 58A–58B), created a standalone Authority with detailed governance and financial arrangements (s 79A–79M), and added detailed operational, enforcement and actuarial processes (s 79N; s 71–76). Those additions shifted the instrument from a simple registry/entitlement model into a comprehensive, levy‑funded, centrally administered social insurance‑style scheme with interjurisdictional reciprocity, stronger enforcement tools and significant administrative architecture. The growth is visible in the insertion of entire Parts and Schedules (notably schedules for each industry and pt 5A on director liability) and multiple transitional provisions (pt 12 and others)."},"complexity_factors":["Lengthy Act with 4 industry-specific schedules (sch 1–4) that each embed distinct formulas, eligibility and payment rules","Numerous defined terms in the dictionary cross-referencing many sections (multiple renumberings noted in amendment history)","Multiple registration, reporting and levy regimes with strict liability offences and late fee/interest rules (s 31; s 49; s 49A; s 50; s 52)","Ministerial determinations and disallowable/notifiable instruments (levy determinations s 51, interest guidelines s 53, various determinations in schedules)","Governing board powers and delegated minor levy-setting capacity with a 40 basis point constraint (s 56A) — layered decision-making","Extensive enforcement powers including entry, compulsory production of documents, abrogation of privilege and evidentiary certificates (s 71–76A, s 83)","Director liability and phoenix provisions with multi-party factual triggers (pt 5A s 58A–58B)","Multiple conditional and transitional provisions, including cross-jurisdictional reciprocal arrangements (s 90, pt 12 transitional provisions)","Review and internal review pathways with a detailed schedule of reviewable decisions (pt 9, schedule 5)","Interplay with other statutes (Workers Compensation Act 1951, Financial Management Act 1996, Fair Work Act 2009 references) increasing cross-referencing"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes portable long service leave schemes for four covered industries: building & construction, services, community sector and security (see s 6 and the relevant schedules sch 1–4).  \n- Creates the Long Service Leave Authority to run the schemes and a governing board to oversee it (s 79A, s 79E–79I).  \n- Requires employers in covered industries to register and submit quarterly returns and pay levies based on ordinary remuneration; requires workers (employees and certain contractors/working directors called \"voluntary members\") to register to accrue portable service credit (registration: pt 4, s 31; quarterly returns and levies: s 49–56).  \n- Sets out how service is credited and how leave or payments are calculated for each industry with specific formulas and operational rules in the schedules (examples: building & construction formula sch 1 s 1.5; services formula sch 2 s 2.5; community sector sch 3 s 3.6; security sch 4 s 4.6).  \n- Allows the Authority to pay workers for leave or pay instead of leave on application and to reimburse or be reimbursed under reciprocal arrangements with other jurisdictions (sch 1–4, sch 1.9–1.15; sch 2.9–2.15; s 90).  \n- Provides enforcement powers (inspectors, entry, records production), civil recovery mechanisms and penalties for non-compliance (s 71–79, s 49, s 50, s 57–58).  \n- Includes governance and financial safeguards: separate funds per covered industry, actuarial investigations at least every 3 years, Ministerial determination of levies with the governing board making recommendations and limited board power for small levy changes (s 79M, s 79N, s 51–56, s 56A).  \n\n**Who it affects**\n\n- Employers in the covered industries: must register (s 31), keep records (s 57), lodge quarterly returns (s 49) and pay levies (s 50–51).  \n- Workers in those industries: employees and prescribed contractors/working directors (voluntary members) must register to accrue portable service credit (s 8–10, s 46, s 15A). Registered workers can apply to take leave or request payment (schedules sch 1–4).  \n- Voluntary members: they pay levies themselves (s 54–56) and their entitlement is based on amounts paid plus interest (see each schedule, e.g. sch 2 s 2.13).  \n- Company directors: in phoenixing situations directors of a successor (\"phoenix\") company can be made personally liable for unpaid levies of a defunct company (pt 5A, s 58A–58B).  \n- The Authority and governing board: administer, invest funds, set or recommend levy rates and handle reviews and disputes (s 79C, s 79I, s 51–56, pt 9).  \n\n**Why it matters (stated purpose and then an operational test)**\n\n- Stated purpose: enable portability of long service entitlements so workers keep credit when they change employers within the covered industries (s 1 long title; s 15A entitlement).  \n\n- Testing that purpose against mechanisms, costs and incentives:\n  - Who pays: levy-funded model shifts the immediate cash cost of long service benefits from individual employers to a pooled fund financed by regular levies paid by employers (s 51) and by voluntary members themselves (s 56). The Authority then pays entitlements (s 79C).  \n  - Who decides: Minister sets levy levels as a disallowable instrument after considering governing board recommendations (s 51). The governing board can make limited (minor) levy adjustments up to a 40 basis point change in any 12-month window (s 56A). Actuarial reviews inform levy adequacy every 3 years (s 79N).  \n  - Behavioural incentives: employers have incentives to register and report correctly (penalties, enforcement powers s 49, s 71–76). Director liability (s 58B) creates a disincentive to strip assets and restart business to avoid levies. Voluntary members pay levies to build their entitlement, aligning incentives to contribute.  \n  - Compliance costs and administrative burden: employers must maintain records (s 57), file quarterly returns (s 49) and may face late fees or interest (s 49A, s 52). Smaller employers and contract-heavy businesses may face disproportionate administrative burdens relative to the entitlements they fund.  \n  - Pricing and productivity effects: levies are an added running cost to employers. The Minister/board determine levies (s 51–56); investment returns and actuarial assumptions affect funding levels and future levy changes (s 79N).  \n  - Bureaucratic discretion and governance risks: the law creates multiple points of discretion — Ministerial levy determinations (s 51), board recommendations and limited direct levy-setting by the board (s 56A), and registration/crediting decisions by the registrar and governing board (e.g. service credit s 47–48, reviewable decisions sch 5). Those discretionary powers concentrate significant operational decisions in the Authority and Minister.  \n  - Concentrated benefits vs diffuse costs: benefits (accrued leave or payments) are concentrated to registered workers; costs are spread across many employers through levies. This difference raises the ordinary political economy risks of concentrated beneficiaries lobbying for favourable rules and diffuse payers being less organised. The Act itself creates board representation slots for employer and employee organisations (s 79F), which formalises stakeholder influence.  \n  - Substitution and unintended consequences: by standardising entitlements across firms, the scheme reduces the incentive for any single employer to retain long-term liabilities, but may affect wage bargaining, contracting arrangements (the Act forbids contracting out s 86) and firms’ hiring decisions in covered industries.  \n  - Inter-jurisdictional complexity: reciprocal agreements with other jurisdictions are permitted (s 90) and the Authority can make or receive payments under corresponding laws (schedules sch 1–4). Implementing these arrangements requires data exchange and consistent actuarial treatment across jurisdictions.  \n\n**Key operational details to watch**\n\n- Registration deadlines and strict-liability offences (employers must register within 1 month of becoming an employer — s 31; failure is an offence).  \n- Quarterly reporting cadence and late fee/interest regime (s 49, s 49A, s 52).  \n- How voluntary members’ entitlements are calculated (they build an entitlement from levies they pay; see, e.g., sch 2 s 2.13). Their benefit depends on levy level, timing and the board’s chosen interest/return policy (schedules and s 79N).  \n- Actuarial reviews and the board’s limited power to adjust levies (s 79N, s 56A) — these determine long-run sustainability and intergenerational cost shifts.  \n- Enforcement tools including inspectors, entry and records powers, and limits on objections and reviews (s 71–76, pt 9).  \n\n**Representative statutory references (examples)**\n\n- Covered industries and definitions: s 6; schedules 1–4.  \n- Employer and worker registration: s 31 (employers), s 40–46 (workers).  \n- Levies and returns: s 49–56, s 56A.  \n- Authority and governance: s 79A–79I, s 79K–79M, s 79N.  \n- Director liability for phoenixing: s 58A–58B.  \n- Enforcement: s 71–76, s 76A–76B.  \n- No contracting out of the law: s 86.  \n\n(End of summary.)"},"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"},"kimi_summary":{"_metrics":{"completionTokens":820},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2009 scope. Initially covered only building and construction, but now includes four industries through successive amendments: community sector added 2010, security added 2012, and services industry expanded 2023 to absorb contract cleaning and add hairdressing/beauty and accommodation/food services. The 2023 amendments also introduced new anti-phoenix provisions (Part 5A) and restructured administration provisions."},"complexity_factors":["Four separate industry schedules with different eligibility thresholds, service credit rules, and payment formulas (building/construction: 10 years/220 days per year; services: 7 years/365 days; community sector: 5 years/365 days; security: 7 years/365 days)","Extensive cross-referencing between main Act and schedules — definitions in s 6-15 apply across all schedules but each schedule has its own modifications","Multiple categories of 'worker' with different rules: employees vs voluntary members (contractors/working directors) vs apprentices, each with distinct registration and levy requirements","Complex payment calculation formulas involving historical service periods, different rates for pre/post-1996 service, and multiple averaging periods for determining 'ordinary remuneration'","Phoenix company provisions (Part 5A) creating director liability with nested conditions: defunct company, creditor-defeating disposition, new company with same business, overlapping directors","Detailed enforcement powers including abrogation of self-incrimination privilege (s 76A) with warning requirements (s 76B) and compensation provisions (s 78)","Reviewable decisions framework in Schedule 5 listing 24 specific decision types with different decision-makers (registrar vs governing board) and review pathways","Transitional provisions for expired schemes (contract cleaning industry absorbed into services industry in 2023) with 5-year preservation period"],"plain_english_summary":"This Act creates portable long service leave schemes for four high‑mobility industries (building/construction, services, community sector, security), letting workers keep accumulating leave when they move between employers. Employers pay levies into industry funds managed by the Long Service Leave Authority, which registers participants, holds funds, and pays entitlements.\n\nIt affects workers who change jobs within these industries and employers who must register, report and contribute — ensuring long service leave survives modern job mobility."}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-portable-schemes-act-2009","history":"/api/acts/long-service-leave-portable-schemes-act-2009/history","analysis":"/api/acts/long-service-leave-portable-schemes-act-2009/analysis","conflicts":"/api/acts/long-service-leave-portable-schemes-act-2009/conflicts","importantCases":"/api/acts/long-service-leave-portable-schemes-act-2009/important-cases","documents":"/api/acts/long-service-leave-portable-schemes-act-2009/documents"}}