{"id":"nsw:sl-2026-0329","name":"Long Service Leave Regulation 2026","slug":"long-service-leave-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"329 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":508527,"registerId":"nsw-nsw:sl-2026-0329-current","compilationNumber":null,"startDate":"2026-07-10","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Long Service Leave Regulation 2026](/view/html/inforce/current/sl-2026-0329).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Long Service Leave Regulation 2021](/view/html/repealed/current/sl-2021-0293), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Long Service Leave Act 1955](/view/html/inforce/current/act-1955-038).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed annual amount of worker’s ordinary pay","content":"# Part 2 Prescribed annual amount of worker’s ordinary pay\n\nPart 2 Prescribed annual amount of worker’s ordinary pay","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Calculating ordinary pay for payment of long service leave—high income threshold for bonuses","content":"#### 4 Calculating ordinary pay for payment of long service leave—high income threshold for bonuses\n\n4 Calculating ordinary pay for payment of long service leave—high income threshold for bonuses\n\n> For the Act, section 3(2C), the prescribed annual amount of a worker’s ordinary pay is the greater of the following—\n> \n> > (a) $144,000,\n> \n> > (b) the amount calculated, from time to time, in accordance with the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth, regulation 2.13.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Long service leave records—the Act, s 8(2)","content":"# Part 3 Long service leave records—the Act, s 8(2)\n\nPart 3 Long service leave records—the Act, s 8(2)","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Content of records—general","content":"#### 5 Content of records—general\n\n5 Content of records—general\n\n> > (1) The long service leave record relating to a worker must include the following particulars—\n> > \n> > > (a) the employer’s name,\n> > \n> > > (b) the employer’s Australian Business Number,\n> > \n> > > (c) the worker’s name,\n> > \n> > > (d) the date the worker was first employed by the employer,\n> > \n> > > (e) whether the worker is employed on a full-time or part-time basis,\n> > \n> > > (f) whether the worker is employed on a permanent, temporary or casual basis,\n> > \n> > > (g) if conditions of the worker’s employment are set by an industrial instrument—the worker’s classification under the instrument,\n> > \n> > > (h) if the worker is an apprentice or trainee within the meaning of the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080)—the date the worker became an apprentice or trainee,\n> > \n> > > (i) if the worker’s employment is terminated—the date of termination.\n> \n> > (2) In this section—\n> > \n> > industrial instrument means the following—\n> > \n> > > (a) a state award,\n> > \n> > > (b) a state enterprise agreement,\n> > \n> > > (c) a public sector industrial agreement,\n> > \n> > > (d) a contract determination,\n> > \n> > > (e) a contract agreement,\n> > \n> > > (f) a modern federal award,\n> > \n> > > (g) a federal enterprise agreement.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Content of records—long service leave entitlements","content":"#### 6 Content of records—long service leave entitlements\n\n6 Content of records—long service leave entitlements\n\n> The long service leave record relating to a worker must include the following particulars about the worker’s entitlements to long service leave—\n> \n> > (a) long service leave taken by the worker, including—\n> > \n> > > (i) the dates on which the long service leave is taken, and\n> > \n> > > (ii) the gross amount paid to the worker in relation to the long service leave,\n> \n> > (b) once the worker completes 10 years of service with the employer—the worker’s entitlement to long service leave,\n> \n> > (c) once the worker completes each later 5-year period of service with the employer—the worker’s entitlement to long service leave,\n> \n> > (d) bonuses, within the meaning of the Act, section 3(2)(c), included in the calculation of the worker’s ordinary pay,\n> \n> > (e) if the worker’s employment is terminated—the amount paid to the worker relating to long service leave and the date the payment is made,\n> \n> > (f) if the worker makes an application to take long service leave—a copy of the application,\n> \n> > (g) if there is an agreement between the employer and worker under the Act, section 4(3AA) or (3A)—a copy or record of the agreement.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Form of records","content":"#### 7 Form of records\n\n7 Form of records\n\n> The long service leave record relating to a worker must be—\n> \n> > (a) readily accessible, and\n> \n> > (b) kept in a form that is—\n> > \n> > > (i) in the English language, or\n> > \n> > > (ii) convertible into the English language.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Availability of records","content":"#### 8 Availability of records\n\n8 Availability of records\n\n> An employer must make the long service leave record relating to a worker available to the following—\n> \n> > (a) an inspector or other person authorised under the Act to inspect records,\n> \n> > (b) the worker.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Transfer of records to new employer following transfer of business","content":"#### 9 Transfer of records to new employer following transfer of business\n\n9 Transfer of records to new employer following transfer of business\n\n> > (1) This section applies to the transfer of long service leave records from a former employer to a new employer following a transfer of business.\n> \n> > (2) The former employer must transfer to the new employer all long service leave records relating to transferred workers kept by the former employer.\n> \n> > (3) The new employer must keep the transferred records as if the records had been made by the new employer when the records were made by the former employer.\n> \n> > (4) The former employer must keep a copy of the transferred records for a period of at least 6 years after the records are made.\n> \n> > (5) In this section—\n> > \n> > transfer of business means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or part of a business, undertaking or establishment.\n> > \n> > transferred worker means a person who becomes a worker employed by a new employer as a result of the transfer of business from the former employer to the new employer.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Repeal and savings","content":"# Part 4 Repeal and savings\n\nPart 4 Repeal and savings","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Repeal and savings","content":"#### 10 Repeal and savings\n\n10 Repeal and savings\n\n> > (1) The [Long Service Leave Regulation 2021](/view/html/repealed/current/sl-2021-0293) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Long Service Leave Regulation 2021](/view/html/repealed/current/sl-2021-0293), had effect under that regulation continues to have effect under this regulation.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The excerpt provided contains only administrative metadata (commencement date, certification, staged repeal note) and does not show substantive regulatory provisions. There is no evidence in this material that the regulation’s scope has been expanded beyond its ordinary purpose (to set out detail under the Long Service Leave Act). To determine whether the 2026 regulation changes scope relative to prior instruments would require comparing the full operative text of this regulation with earlier regulations or the Act; that comparison cannot be done from the supplied content."},"complexity_factors":["Provided text contains only site header and status metadata, no operative provisions","Direct cross-references to two Acts (Subordinate Legislation Act 1989 and Interpretation Act 1987) but no other statutory cross-references shown","Minimal structure visible (status, dates, certification) — no defined terms, schedules or conditional clauses in the excerpt","Potential complexity of the actual regulation cannot be assessed from the supplied material"],"plain_english_summary":"**What this document is**\n\n- This is the public webpage entry for the \"Long Service Leave Regulation 2026\" as held by the New South Wales Parliamentary Counsel's Office. The material you provided is site navigation and status metadata, not the text of any substantive regulatory provisions.\n\n**Concrete facts shown on the page**\n\n- The version shown is the \"in force\" version current from 3 July 2026; the file was last modified 3 July 2026.  \n- The page states that the provisions displayed (on the full regulation page) have commenced.  \n- The regulation is subject to an automatic staged repeal under the Subordinate Legislation Act 1989 on 1 September 2031.  \n- The document is certified as correct under section 45C of the Interpretation Act 1987.  \n\n**What the page does not contain (and why that matters)**\n\n- The content you supplied does not include any operative clauses, definitions, entitlement calculations, employer duties, enforcement provisions, or schedules. In short: the substantive regulatory rules that would govern long service leave are not in the excerpt you provided.\n\n**Who would be affected by the regulation (in general terms)**\n\n- Regulations titled this way normally implement and add detail to the Long Service Leave Act. If the regulation contains typical material, it would affect:  \n  - employees covered by NSW long service leave laws (eligibility, accrual, how leave is taken), and  \n  - employers required to calculate and pay long service leave, keep records and comply with notice and dispute procedures.  \n\n**Why the regulation matters (mechanically, not politically)**\n\n- Regulations specify the practical rules business and workers must follow: how entitlements are calculated, notice periods, payment on termination, record-keeping, and procedural steps for disputes. Those mechanical details determine compliance costs for employers, the timing and certainty of payments for employees, and administrative workload for regulators.\n\n**Practical next steps if you need the law’s substance**\n\n- Retrieve the full text of the \"Long Service Leave Regulation 2026\" (the operative clauses and schedules). The page metadata confirms an in-force version exists as at 3 July 2026; use the NSW legislation website link or contact the Parliamentary Counsel’s Office for the consolidated text. Also compare the regulation to the Long Service Leave Act and relevant modern awards or enterprise agreements, since those instruments interact.\n\n**Short analytical note on risks and trade-offs to look for in the full regulation**\n\n- When you read the full regulation, check for:  \n  - who pays (employers via pay calculations or the State if a leave‑funding scheme exists),  \n  - decision points left to delegated officials (discretionary exemptions, certificates),  \n  - compliance and record-keeping burdens (frequency, auditability),  \n  - cross-references to awards or common law that may change the practical scope of entitlements, and  \n  - transitional arrangements and the effect of the scheduled automatic repeal date on any long-term entitlements.\n\n(These are the mechanical categories of impact to inspect; they are not claims about the content of the regulation because the operative text was not provided.)"}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-regulation-2026","history":"/api/acts/long-service-leave-regulation-2026/history","analysis":"/api/acts/long-service-leave-regulation-2026/analysis","conflicts":"/api/acts/long-service-leave-regulation-2026/conflicts","importantCases":"/api/acts/long-service-leave-regulation-2026/important-cases","documents":"/api/acts/long-service-leave-regulation-2026/documents"}}