32AEntitlement to long service benefit for service in a reciprocating State or Territory

32A Entitlement to long service benefit for service in a reciprocating State or Territory

32A Entitlement to long service benefit for service in a reciprocating State or Territory

(1) A person who is a registered worker may apply to the Corporation in the approved form for the payment by the Corporation of a long service benefit calculated in accordance with the provisions of the corresponding law of a reciprocating State or Territory if—

(a) the person—

(i) has completed a period of service as a worker in that State or Territory or partly in that State or Territory and partly in New South Wales, and

(ii) by virtue of having completed that service, is entitled under a provision of that corresponding law to a long service benefit payable in or reducible to cash, and

(b) the person would, if all of that service had been performed in New South Wales, have been entitled to apply for a long service payment by virtue of section 28 (1).

(2) The personal representative of a deceased registered worker who, immediately before death, was entitled to apply for the payment of a long service benefit under subsection (1) may apply to the Corporation in the approved form for that payment to be made.

(3) A person who, in or in support of an application made under subsection (1) or (2), makes a statement that is, to that person’s knowledge, false or misleading in a material particular is guilty of an offence and liable to a penalty not exceeding 50 penalty units.

(4) As soon as practicable after receiving an application made under subsection (1) or (2), the Corporation shall, on being satisfied that the applicant is entitled under the relevant corresponding law to the payment of a long service benefit and on being authorised by the corresponding authority to make that payment, pay to the applicant the amount of that benefit calculated in accordance with that law.

(4A) A payment made by the Corporation in respect of an application under subsection (2) is valid and effectual against any demand in respect of the payment by any other person.

(4B) If payment is made in respect of an application under subsection (2), before the grant of letters of administration of the estate, to the personal representative of a registered worker who died intestate, the personal representative holds the payment subject to the same trusts as if he or she had obtained such a grant.