sec.41Cancellation of registration

sec.41 Cancellation of registration

The authority may cancel the registration of a registered worker if it is satisfied that the registered worker has not been credited with any service in the register of workers kept under this Act, or in a like register or record kept under a corresponding law, for at least 4 consecutive years. The authority may cancel the registration of a person as a registered worker if it is satisfied that the person is not a worker or that the person’s application to become a registered worker should have been refused. If the authority cancels the registration of a person as a registered worker, it must remove the name of the person from the register of workers— as soon as practicable after 120 days from when the authority notifies the person of the cancellation; or if an application for a reconsideration or an appeal under part 9 is lodged against the cancellation within that period—on the day the application or appeal is withdrawn or the cancellation is finally confirmed. Despite subsections (1) , (2) and (3) , subsection (3B) applies if payment for long service leave is made to a person because the person makes an application under section 56 for an entitlement to long service leave under section 57 (1B) or (3) . The authority must immediately— cancel the registration of the person as a registered worker; and notify the person of the cancellation; and remove the person’s name from the register of workers. When the name of a person is removed from the register of workers— the person ceases to be a registered worker; and the person or the personal representative of the person is not entitled to apply for or be paid long service leave in respect of any days’ service credited to the person in the register of workers at the time of the removal. Nothing in this section prevents a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker. s 41 amd 1994 No. 65 s 3 sch ; 1998 No. 44 ss 10 , 3 sch ; 2000 No. 61 s 30 sch 2 (sec.41-ssec.1) The authority may cancel the registration of a registered worker if it is satisfied that the registered worker has not been credited with any service in the register of workers kept under this Act, or in a like register or record kept under a corresponding law, for at least 4 consecutive years. (sec.41-ssec.2) The authority may cancel the registration of a person as a registered worker if it is satisfied that the person is not a worker or that the person’s application to become a registered worker should have been refused. (sec.41-ssec.3) If the authority cancels the registration of a person as a registered worker, it must remove the name of the person from the register of workers— as soon as practicable after 120 days from when the authority notifies the person of the cancellation; or if an application for a reconsideration or an appeal under part 9 is lodged against the cancellation within that period—on the day the application or appeal is withdrawn or the cancellation is finally confirmed. (sec.41-ssec.3A) Despite subsections (1) , (2) and (3) , subsection (3B) applies if payment for long service leave is made to a person because the person makes an application under section 56 for an entitlement to long service leave under section 57 (1B) or (3) . (sec.41-ssec.3B) The authority must immediately— cancel the registration of the person as a registered worker; and notify the person of the cancellation; and remove the person’s name from the register of workers. (sec.41-ssec.4) When the name of a person is removed from the register of workers— the person ceases to be a registered worker; and the person or the personal representative of the person is not entitled to apply for or be paid long service leave in respect of any days’ service credited to the person in the register of workers at the time of the removal. (sec.41-ssec.5) Nothing in this section prevents a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker.