Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.63Entitlement to long service leave payment for service in reciprocating State or Territory
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sec.63 Entitlement to long service leave payment for service in reciprocating State or Territory
A person who is a registered worker may apply to the authority in the approved form for the payment by the authority of long service leave payment calculated in accordance with the corresponding law of a reciprocating State or Territory if— the person— has completed a period of service in that State or Territory or partly in that State or Territory and partly in Queensland; and because of having completed the service, is entitled under the corresponding law to a long service leave benefit payable in or reducible to cash; and the person would, if all of the service had been performed in Queensland, have been entitled to apply for long service payment under section 57 . If a deceased registered worker was, immediately before the worker’s death, entitled to apply for long service leave payment under subsection (1) , the personal representative of the worker may apply to the authority in the approved form for the payment to be made. As soon as practicable after receiving an application under subsection (1) or (2) , the authority must— if satisfied that the applicant is entitled under the corresponding law to the payment of a long service benefit; and if authorised by the corresponding authority to make the payment; pay to the applicant the amount of that benefit calculated in accordance with that law. An application for the payment of an amount under this section may be included in an application under section 56 if the periods of service to which that payment relates are consecutive and not interrupted by an interval of more than the period prescribed for the purposes of this subsection. If the authority makes a payment under this section, the authority must, as soon as practicable after making the payment, take all appropriate steps to secure the reimbursement of the amount of the payment by the corresponding authority of the reciprocating State or Territory concerned. If, under a provision of a corresponding law that corresponds to this section, the corresponding authority pays to a person an amount that, but for the payment, could have been payable as long service leave payment under this Act— the obligation of the authority to make long service leave payment to that person is discharged; and the authority must, as soon as practicable after being notified of the payment and if satisfied that the payment was properly made, reimburse the corresponding authority. The payment of an amount by the authority under subsection (6) is to be made in accordance with such terms (if any) as are specified in the agreement entered into under section 90 with respect to the State or Territory in which the relevant corresponding authority is established. s 63 amd 1994 No. 65 s 3 sch ; 1998 No. 44 s 3 sch (sec.63-ssec.1) A person who is a registered worker may apply to the authority in the approved form for the payment by the authority of long service leave payment calculated in accordance with the corresponding law of a reciprocating State or Territory if— the person— has completed a period of service in that State or Territory or partly in that State or Territory and partly in Queensland; and because of having completed the service, is entitled under the corresponding law to a long service leave benefit payable in or reducible to cash; and the person would, if all of the service had been performed in Queensland, have been entitled to apply for long service payment under section 57 . (sec.63-ssec.2) If a deceased registered worker was, immediately before the worker’s death, entitled to apply for long service leave payment under subsection (1) , the personal representative of the worker may apply to the authority in the approved form for the payment to be made. (sec.63-ssec.3) As soon as practicable after receiving an application under subsection (1) or (2) , the authority must— if satisfied that the applicant is entitled under the corresponding law to the payment of a long service benefit; and if authorised by the corresponding authority to make the payment; pay to the applicant the amount of that benefit calculated in accordance with that law. (sec.63-ssec.4) An application for the payment of an amount under this section may be included in an application under section 56 if the periods of service to which that payment relates are consecutive and not interrupted by an interval of more than the period prescribed for the purposes of this subsection. (sec.63-ssec.5) If the authority makes a payment under this section, the authority must, as soon as practicable after making the payment, take all appropriate steps to secure the reimbursement of the amount of the payment by the corresponding authority of the reciprocating State or Territory concerned. (sec.63-ssec.6) If, under a provision of a corresponding law that corresponds to this section, the corresponding authority pays to a person an amount that, but for the payment, could have been payable as long service leave payment under this Act— the obligation of the authority to make long service leave payment to that person is discharged; and the authority must, as soon as practicable after being notified of the payment and if satisfied that the payment was properly made, reimburse the corresponding authority. (sec.63-ssec.7) The payment of an amount by the authority under subsection (6) is to be made in accordance with such terms (if any) as are specified in the agreement entered into under section 90 with respect to the State or Territory in which the relevant corresponding authority is established.