Community Services Sector (Portable Long Service Leave) Act 2024 (New South Wales) | Zoe

Deep Dive

7,064 words · generated 02/07/2026

What it does

Mechanically, this Act creates a portable long service leave scheme for workers doing defined community services in New South Wales. It does so by: establishing registration regimes for employers and workers (Pt 2); requiring employers and registered contractor‑workers to lodge periodic returns and pay a long service leave levy (Pt 4, Pt 5); creating and requiring maintenance of a workers register and an employers register (ss 9, 13, 11, 17); setting the rules for service credits and how a worker accrues recognised service for leave purposes (Pt 3, especially ss 28-33); specifying the leave entitlement formula and quantum, and methods for calculating payments for employees and for contractors (ss 47-55); creating appeal processes to the Community Services Sector Long Service Leave Committee (Pt 7, s 8 and Sch 2); authorising inspectors with entry, seizure and information‑gathering powers (Part 8); permitting information sharing with government and other specified agencies (s 102); and providing enforcement paths including penalty notices, assessments and recovery of debts (Pt 11).

Operational levers that the Minister and the Corporation retain are material to how the scheme will function in practice. The Minister may, by published order, determine (among other things) the percentage levy applied to ordinary remuneration for employers and contractors (s 41). The Corporation holds practical discretion to register or refuse registration (ss 10, 14), to determine a worker’s registration day (s 16), to make recommendations about the levy (s 41(3)), to correct or fix ordinary remuneration where a return under s 34 or 36 appears insufficient or excessive (ss 37-38), and to credit service days in particular circumstances including insolvency and prescribed breaks (ss 32-33). The Long Service Corporation must keep and disclose, on request, entries from the registers to the registered parties (ss 12, 27). The Community Services Sector Long Service Leave Committee is established to hear appeals and to provide advice, and its composition is mixed between a Secretary nominee and nominees from prescribed worker and employer bodies (s 8 and Sch 2).

The Act sets concrete administrative deadlines and obligations which drive behaviour: employers who become employers after commencement must apply for registration within one month (s 10(2)); returns are due within 14 days after the end of each return period, which Schedule 3 defines as the quarters ending 31 March, 30 June, 30 September or 31 December unless regulations prescribe otherwise (s 34 and Schedule 3 definition of return period); employers must notify the Corporation within seven days of changes to details on the registration certificate (s 12(2)); and there are specified retention periods for records , seven years for employer and contractor records (ss 39(3), 40(2)). Noncompliance carries statutory penalties in units set by the Act, up to 50 penalty units for some offences (see s 10(2), s 83, s 103).

The Act also provides for interface with other long service arrangements: a registered worker who is eligible under both this Act and a relevant arrangement (including the Long Service Leave Act 1955 or a corresponding law) must elect which arrangement to use and notify the Corporation; the Corporation must remove credits where the worker elects another arrangement and may reimburse employers who have paid benefits under another arrangement in appropriate circumstances (ss 85-88). Reciprocal arrangements with other jurisdictions are authorised (Pt 10, ss 90-92), and the Act provides for reimbursement formulae where a corresponding law’s authority has paid an entitlement (s 92).

All operational detail above is drawn from the Act text. The Act leaves a substantial part of the scheme’s design and day‑to‑day operation to subordinate instruments and decisions: regulations to prescribe classes and to amend Schedule 1 community services (s 4(2)-(3), s 106), Ministerial orders to declare coverage and levy percentages (s 7, s 41), and Corporation determinations and notices used to register, assess and collect levies (multiple sections).

Main concepts

The Act revolves around several core legal and administrative concepts. Define them precisely because the scheme’s reach and obligations flow from them.

Community service and community service work. Community service is defined by Schedule 1 and may be expanded or altered by regulation (s 4(2)-(3), Schedule 1). Community service work means work to provide a community service or work for an employer whose predominant purpose is to provide a community service (s 4(1)). The Minister may declare by order that specific work or activities are or are not community service work (s 7(1)(a)). This is the primary gatekeeper for scheme coverage.
Worker. The Act defines worker to include employees (full‑time, part‑time, casual) engaged to perform community service work and persons doing community service work on their own account for fee or reward who are not employees , that is, contractors (s 5(1)(a)-(b)). The Minister may declare classes of persons to be workers, employees or contractors (s 7(1)(b)). The Act excludes certain people from the definition (s 5(2)), including partners who are participants in partnership management, persons under contracts with Commonwealth, State or local government, directors of corporations who are directors and participate in management, and trustees; the regulations may also exclude classes.
Employer. Employer is defined as a person who employs one or more persons to do community service work, or a class prescribed by regulation (s 6(1)). A labour hire supplier is explicitly taken to be the employer who engages the person (s 6(3)). The Commonwealth, State, local government authorities and certain companies are excluded from the definition (s 6(4)).
Registration. The Corporation (the Long Service Corporation, defined in Schedule 3) is required to keep registers of employers and workers and may register persons on application or on its own initiative (ss 9, 13, 10, 14). Worker registration may produce a worker’s registration day and foundation worker status (ss 15-16).
Service credits and recognised service. The workers register records days of recognised service credited to a registered worker. The basic rule is one day’s service for each day in an engagement period subject to caps and registration day limitations (s 29). Foundation workers get 365 days credited on registration (s 31). Where a worker has entitlements under corresponding laws, adjustments ensure no more than 365 days credited in a financial year (s 30).

Who it affects

This Act creates compliance obligations and benefits for distinct and identifiable groups; the primary distribution of costs and rights is clear from the text.

Registered workers. Persons registered as workers under Part 2 who do community service work are the primary beneficiaries. They accrue recognised service in the workers register (s 29), can apply for payment of long service leave (s 50), are entitled to leave under the formula in Pt 6 (ss 47-48), and receive annual statements about their credited days and remuneration (s 18). Foundation workers (registered within six months of commencement) receive immediate credit of 365 recognised service days (s 15, s 31).
Employers. A person who employs one or more people to do community service work, as defined in s 6, must register as an employer (s 10), keep employee records (s 39), lodge returns within 14 days after each return period (s 34), pay levies calculated as a percentage of ordinary remuneration (ss 41-42), and grant long service leave requested under the Act (s 49). Labour hire providers who supply workers are treated as the employer who engages the person (s 6(3)). Employers may apply for exemptions from return requirements in certain circumstances (s 35). Employers that pay benefits under other relevant arrangements (for example under the Long Service Leave Act 1955) may apply for reimbursement from the Corporation (ss 87-88).
Contractors who are workers. People doing community service work on their own account and registered as workers are required to lodge contractor returns and pay levies on their ordinary remuneration (s 36, s 42). The value of their long service entitlements will generally be the levies they paid plus interest determined by the Corporation (s 55).
The Long Service Corporation. The Long Service Corporation (the Corporation) is the scheme administrator with duties to keep registers (ss 9, 13), determine applications (ss 10, 14), collect levies (ss 42, 45), make assessments of unpaid levies (s 44), make payments to workers (s 50), and exercise powers to inspect and enforce (Part 8). The Corporation also must provide recommendations to the Minister on levy settings (s 41(3)), and is the body required to give the Minister information.
The Community Services Sector Long Service Leave Committee. It is constituted under s 8 and Sch 2, chaired by the Secretary or nominee, and includes nominees from prescribed worker and employer bodies. The Committee hears appeals under Part 7 and provides advice on certain matters including regulations about deemed minimum and maximum rates of pay (s 56(2)-(3), Sch 2).

Key duties and rights

The Act sets out precise statutory duties for particular actors and rights for registered workers and appellants.

Key duties

Registration obligations. Employers must apply to register within a month of becoming an employer or within a month of commencement if already an employer (s 10(2)). Workers must be registered either by application or by their employer after three months of doing community service work (s 14(1)-(2)).
Returns and payment. Employers must provide returns within 14 days after the end of each return period and pay the levy owing at the same time (s 34(1), s 42(1)). Contractors who are registered workers must similarly give returns and pay levies (s 36, s 42(2)). Failure to give returns, to verify returns when requested, or to notify changes carries penalties (s 34).
Recordkeeping. Employers must keep detailed employee records, including ordinary remuneration, days worked, start and end dates, details of leave, and pro rata payments for seven years after cessation (s 39). Contractors must keep records for seven years (s 40). The records requirements are specific and breach attracts penalties (s 39(1)-(3), s 40(1)-(2)).
Responding to Corporation notices. The Corporation may require further information from applicants and from persons believed to be unregistered employers; recipients must comply unless they have a reasonable excuse (ss 23-25). Inspectors may require production of records; failure to comply without reasonable excuse is an offence (Part 8).
Granting leave. Employers must grant long service leave when a registered worker becomes entitled, within six months unless other arrangements are approved or agreed in writing (s 49). Leave must not be for less than two weeks (s 49(3)).

Key rights

Benefits and portability. Registered workers are entitled to long service leave under the formula in Pt 6 and to apply to the Corporation for payment (ss 46, 47, 50). Foundation workers get an immediate credit of 365 recognised service days if registered within six months after commencement (ss 15, 31).
Appeal rights. Persons aggrieved by many decisions of the Corporation (for example refusal to register, cancellation of registration, levy assessments or directions on late payment) have a statutory right to appeal to the Committee within 21 days (Pt 7, ss 61, 65-73). The Committee procedure is determined in Sch 2 and the Committee’s determination becomes the Corporation’s final decision (s 61(4)).

Penalties and enforcement

The Act defines multiple enforcement mechanisms and penalty regimes, distributed between administrative powers, civil recovery and criminal offences. The text sets penalty levels in penalty units without specifying their dollar equivalent.

Criminal and regulatory offences and penalties

Registration and return breaches. Failure to apply for employer registration within the fixed timeframe is an offence carrying a maximum penalty of 50 penalty units (s 10(2)). Employers who fail to provide required returns, to verify returns when requested, or to notify changes within specified times face penalties up to 40 penalty units (s 34(1)-(4)). Employers who fail to comply with requirements to give information or evidence under notices issued by the Corporation face up to 40 penalty units (s 23(3), s 24(3), s 25(4)). Contractors who fail to lodge returns face up to 20 penalty units (s 36).
Inspector‑related offences. Part 8 contains offences for failing without reasonable excuse to comply with inspectors’ requirements, wilfully obstructing an inspector, or refusing to allow lawful entry, each with a maximum penalty of 50 penalty units (s 83).
False statements and disclosure breaches. Making statements known to be false or misleading in applications, returns or records carries a maximum penalty of 50 penalty units (s 103). Unauthorised disclosure of relevant information carries a maximum penalty of 50 penalty units (s 104(1)).
Lesser offences. Regulations may create offences with penalties not exceeding 5 penalty units (s 106(3)).

Administrative enforcement and civil recovery

Penalty notices. Inspectors may issue penalty notices for offences prescribed by regulation as penalty notice offences (s 94). The Fines Act 1996 applies to penalty notices (s 94(3)), and the regulations will set the amounts payable, up to the maximum court penalty (s 94(4)).
Assessments and recovery. Where the Corporation reasonably believes a levy has not been fully paid, it may assess the amount owing and give notice to the person assessed; that decision is appealable to the Committee (s 44). Amounts owed to the Corporation, including levies, interest and penalties, are recoverable as debts by court action (s 96).
Interest on late payments and directions. Levies unpaid when due bear compound interest at a rate prescribed by regulation (s 43(1)-(2)). The Corporation may, if satisfied of special circumstances, extend payment times or waive or reduce interest by direction (s 43(3)). A refusal to grant or a decision to give or refuse directions about late payment is appealable to the Committee (s 71).

How it interacts with other laws

The Act explicitly frames its relationship with several existing statutes and legal mechanisms. These interactions determine overlap, state‑federal interface, and the mechanics for dealing with entitlements that cross schemes and jurisdictions.

References and interplay set out in the Act

Long Service Leave Act 1955 and corresponding laws. The Act recognises the Long Service Leave Act 1955 and other corresponding laws as "relevant arrangements" (s 85). Where a registered worker is eligible under both this Act and a relevant arrangement for long service benefits accrued after commencement, the worker must elect which arrangement to use, notify the Corporation, and the Corporation must remove credits from the workers register for the engagement period elected away from (s 86). The Corporation can reimburse an employer who has paid amounts under a relevant arrangement if those payments were properly made and the Corporation is satisfied (s 87). Section 88 specifically allows reimbursement applications where an employee has an entitlement under the Long Service Leave Act 1955 that was accrued during an engagement period in which they were a registered worker under this Act.
Reciprocal arrangements with other States and Territories. The Minister may enter into agreements with Ministers in other jurisdictions administering corresponding laws to provide for payments, exchange of information about service credits and entitlements, and other cooperative matters (s 90). Sections 91 and 92 provide mechanisms for the Corporation and reciprocal authorities to make payments on each other’s behalf and for reimbursement where a reciprocal authority has paid amounts in relation to entitlements for service credited in this State.
Corporations Act and insolvency rules. For service credits while an employer is insolvent under administration or a Chapter 5 body corporate, the Corporation may credit days of service for an employee for each day during which the employer is in insolvency (s 33). Section 58 allows the Corporation to pay a worker, or a deceased worker’s personal representative, the difference between the worker’s entitlement under this Act and amounts the worker has received from an insolvent employer for that entitlement.
Workers Compensation Act and other statutory references. The Act allows an engagement period to include days when a worker did not do community service work because of incapacity for which the worker is entitled to compensation under the Workers Compensation Act 1987 (s 28(4)(a)). The Act also draws on the Law Enforcement (Powers and Responsibilities) Act 2002 for search warrant procedure (s 77(3)), and the Fines Act 1996 for penalty notice processing (s 94(3)).

Amendment history

The Act text includes a small number of amendment annotations and also creates a statutory review requirement.

Recorded annotations in the source

Schedule 1 amendment annotation. Schedule 1 (Community services) carries the annotation "sch 1: Am 2025 (160), Sch 2." That indicates Schedule 1 was amended by an instrument or Act dated 2025 identified as number 160, Schedule 2. The Act text does not include the content of that amendment other than the annotation.
Schedule 4 repealed annotation. Schedule 4 states "Schedule 4 (Repealed)" followed by the annotation "sch 4: Am 1987 No 15, sec 30C." That annotation records that Schedule 4 has been repealed and notes an historical amendment reference. The substantive content of Schedule 4 is not present because it is repealed.

Statutory review requirement

The Act mandates a statutory review. The Minister must review the Act to determine whether the policy objectives remain valid and whether the terms of the Act remain appropriate (s 107). That review must be undertaken as soon as possible after a period of eight years from commencement, and a report on the outcome must be tabled in each House of Parliament within 12 months after the end of the eight‑year period (s 107(1)-(3)). This creates a legislated horizon for substantive policy reconsideration.

Mechanics of subordinate amendment

The Act contemplates further changes by regulations and by Ministerial orders. The Minister may, by order published on the NSW legislation website, declare matters of coverage and to set the levy percentage (s 7, s 41). The regulations may amend Schedule 1 by inserting or amending services (s 4(3)), prescribe classes of workers and employers, define non‑service days for suspension (s 20(9)), prescribe fees, offences up to five penalty units (s 106), and other matters necessary or convenient to administer the Act (s 106(1)-(3)). Those subordinate instruments will be the principal vehicles for adjusting operational and coverage details.

What is not present in the source

The Act itself does not include a history of prior NSW portable long service leave schemes or comparative amendments beyond the annotations noted. The Act does not include an explanatory memorandum in the supplied text, nor does it provide transitional provisions in the excerpt beyond those dealing with foundation workers and registration windows (ss 15, 10(2)).

Litigation history

The Act text supplied contains no judicial decisions, case references, or litigation history. There are, however, statutory appeal pathways and procedural interaction points that will shape any future litigation.

Administrative appeal process

Internal appeals to the Committee. The Act establishes a structured administrative appeal mechanism to the Community Services Sector Long Service Leave Committee for a variety of decisions: refusal to register as employer or worker, cancellation of registration, objections about credited service, exemption decisions, levy assessments, and decisions about deemed minimum or maximum pay calculations (Pt 7, especially ss 61, 65-73). The Committee may determine procedure, time limits and may refer matters back to the Corporation for reconsideration (s 61). The Committee’s determination is taken to be the final decision of the Corporation and must be given effect by the Corporation (s 61(4)), which concentrates administrative finality in the Committee before any judicial review or court proceedings are pursued.
Judicial avenues. For offences, the Act provides that proceedings may be dealt with summarily in the Local Court (s 93(1)), and that appeal and case‑stating mechanisms in the Industrial Relations Act 1996 apply to these proceedings (s 93(2)). The Act also allows enforcement via debt recovery in court for unpaid levies (s 96) and empowers the Local Court to order levy payments on conviction for specified registration offences (s 97).

Implications for likely litigation patterns

Administrative law challenges. Given the amount of discretion conferred on the Corporation (registration, crediting of days, fixation of remuneration in contentious returns, waiver or extension of levy payments) and the Committee’s role as an internal appellate body, early litigation is likely to centre on review of Committee decisions and whether the statutory procedural protections were observed. The Act explicitly states that plea of issue estoppel is not available in court proceedings in relation to an issue decided by the Committee (s 61(5)), which may alter litigation strategy for parties seeking to litigate before or after Committee decisions.
Evidence and certificates. The Act permits admissibility of certificates as to levy payments issued by the Secretary or prescribed person (s 98). That evidential mechanism will streamline proof of levy payment or non‑payment in enforcement proceedings.

Gotchas

The Act contains a number of provisions that are likely to produce practical traps for employers, contractors and workers if not anticipated. Below are concrete operational pitfalls set out with statutory references.

Coverage uncertainty through Ministerial declarations. The Minister may declare work or persons to be or not be community service work, workers, employees, contractors or employers by order published on the NSW legislation website (s 7(1)). That means that statutory coverage is not fixed solely by the Schedule 1 list: the Ministerial order can expand, restrict or clarify coverage. Parties should not assume coverage is static until the Minister’s orders and regulations are settled.
Quick registration deadlines and heavy penalties. Employers must apply for registration within one month of becoming an employer (s 10(2)), and the maximum penalty for failure is 50 penalty units. That is a brief window. Employers who expand into community services must diarise prompt registration.
Labour hire supplier treated as employer. Under s 6(3) a person who supplies a person through a labour hire arrangement to do community service work is taken to be the employer who engages the person. That shifts levy and return obligations onto labour hire suppliers in many contractual models where host employers might otherwise carry obligations.
Registration day backdating limits. The Corporation may nominate an earlier registration day if satisfied a person was a worker before the registration day but may not nominate a day more than two financial years before the worker’s registration day unless special circumstances exist, and cannot nominate a day before commencement (s 16(2)-(3)). This limits retrospective crediting and can affect entitlements for long service leave if registration is late.
Foundation worker credit. Workers registered within six months of commencement are foundation workers and are credited with 365 recognised service days on registration (ss 15-16, 31). Whether an individual qualifies as a foundation worker depends strictly on timing of registration and the Corporation’s exercise of its narrow discretion to widen that period for exceptional circumstances (s 15(2)).
Annual reconciliation and time‑limited objections. The Corporation must give annual information to each registered worker after 31 July each year (s 18(1)). A worker generally has only two years after receiving that information to object to days credited (s 18(2)). Workers should check annual statements promptly; delayed objections require showing special circumstances (s 18(3)).

How to comply

This section sets out a practical compliance checklist and steps for employers, contractors and workers, tied to the statutory duties. It focuses on concrete actions and timings required by the Act.

For employers

Assess coverage immediately. Review the employer’s activities against Schedule 1 and the Minister’s published declarations under s 7 to determine whether any activities meet the statutory definition of community service work. Do not rely solely on Schedule 1 because regulations may amend the schedule (s 4(3)) and Ministerial declarations can alter coverage (s 7).
Register promptly. If you are an employer within the Act’s definition, apply to register with the Corporation within one month of becoming an employer or within one month of the Act’s commencement if you were already an employer (s 10(2)). Missing the one‑month window risks exposure to a maximum penalty of 50 penalty units.
Maintain the employers register information and certificate. On registration the Corporation will issue a certificate (s 12(1)). If the details change, give written notice to the Corporation within seven days (s 12(2)).
Implement recordkeeping systems. Keep the records required by s 39 for each employee: name, date of birth, contact, worker registration number, nature of community service work, ordinary remuneration per return period, number of days worked per return period, start/stop dates, long service leave granted, and any pro rata payments. Keep these records for seven years after employment ceases (s 39(3)). Keep copies of employment contracts (s 39(2)).
Prepare for quarterly returns and levy payments. The default return period is quarterly (Schedule 3) and returns are due within 14 days after the end of a return period (s 34(1)). Returns must include total ordinary remuneration paid to each employee during the return period and start/end days where engagements began or ended during the return period (s 34(2)). The levy is payable when the return is lodged (s 42(1)). Ensure payroll and accounting systems can produce the required figures promptly.
Verify ordinary remuneration reporting. When submitting returns, be prepared to verify the returns in the way the Corporation requests (s 34(3)). Retain supporting documentation so you can respond quickly to any s 37 review where the Corporation may fix another amount.
Plan for labour hire arrangements. If you engage workers via labour hire, determine whether you are the employer for levy and return purposes: suppliers are taken to be the employer who engages the person (s 6(3)). Clarify contractual responsibilities and ensure the party treated as employer by the Act is set up to register and lodge returns.

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Community Services Sector (Portable Long Service Leave) Act 2024.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Definitions

3 Definitions

The dictionary in Schedule 3 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Meaning of “community service work” and “community service”

4 Meaning of “community service work” and “community service”

(1) In this Act, community service work means—

(a) work to provide a community service, or

(b) work for an employer, if the predominant purpose of the employer is to provide a community service.

Note—

Under section 7, the Minister may declare work or an activity to be or not be community service work.

(2) In this Act, community service means a service—

(a) specified in Schedule 1, or

(b) prescribed by the regulations.

(3) The regulations may amend Schedule 1 by—

(a) inserting a service into the schedule, or

(b) amending a service specified in the schedule.

Meaning of “worker”

5 Meaning of “worker”

(1) In this Act, worker means a person who—

(a) is engaged, on a full-time, part-time or casual basis, by an employer to do community service work as an employee, or

(b) does community service work for another person for fee or reward on the person’s own account, and is not an employee (a contractor), or

(c) is in a class prescribed by the regulations.

Note—

Under section 7, the Minister may declare a person to be a worker, employee or contractor.

(2) In this Act, worker does not include the following—

(a) a person doing community service work under—

(i) a contract of service with a partnership if the person is a partner and participates in the management of the partnership or shares the profits, or

(ii) a contract of service with the Commonwealth, the State or a local government authority, or

(iii) a contract, whether or not a contract of service, with a corporation of which the person is a director, or

(iv) a contract, whether or not a contract of service, with a trust of which the person is a trustee,

(b) a person who is excluded by the regulations.

Meaning of “employer”

6 Meaning of “employer”

(1) In this Act, employer means a person who—

(a) employs 1 or more persons to do community service work, or

(b) is in a class prescribed by the regulations.

Note—

Under section 7, the Minister may declare a person to be an employer.

(2) A person is an employer only in relation to a person the employer employs to do community service work.

(3) A person who supplies a person through a labour hire arrangement to do community service work is taken to be the employer who engages the person.

(4) In this Act, employer does not include the following—

(a) the Commonwealth,

(b) the State,

(c) a local government authority,

(d) a company whose only workers are directors, if each of the directors participates in the management of the company or shares its profits,

(e) a person to whom subsection (1)(a) applies who is excluded by the regulations.

Ministerial declarations about coverage of Act

7 Ministerial declarations about coverage of Act

(1) The Minister may, by order published on the NSW legislation website, declare the following for the purposes of this Act—

(a) work or an activity is or is not community service work,

(b) a person is—

(i) a worker, or

(ii) an employee, or

(iii) an employee of a particular employer, or

(iv) a contractor,

(c) a person is—

(i) an employer, or

(ii) an employer of a particular employee, or

(iii) an employer with a predominant purpose of providing a community service.

(2) The Interpretation Act 1987, sections 40 and 41 apply to an order under this section in the same way as the sections apply to statutory rules.

Community Services Sector Long Service Leave Committee

8 Community Services Sector Long Service Leave Committee

(1) The Community Services Sector Long Service Leave Committee is constituted by this Act.

(2) The Committee must consist of the following members—

(a) the Secretary or a nominee of the Secretary,

(b) 8 persons appointed by the Minister, as follows—

(i) 2 persons nominated by a prescribed peak body representing workers, including workers in the community services sector,

(ii) 2 persons nominated by a prescribed body representing workers in the community services sector,

(iii) 2 persons nominated by a prescribed body representing employers in the community services sector,

(iv) 2 persons nominated by another prescribed body representing employers in the community services sector.

(3) The person specified in subsection (2)(a) must be the Chairperson of the Committee.

(4) Schedule 2 contains provisions relating to the members and procedure of the Committee.

Part 2

Registration of employers and workers

Part 2 Registration of employers and workers

Division 1

Registration of employers

Division 1 Registration of employers

Corporation must keep register of employers

9 Corporation must keep register of employers

The Corporation must keep a register of persons who are registered as employers under this Act.

Registration of employers

10 Registration of employers

(1) The Corporation may, on application by a person, register the person as an employer.

(2) A person must apply to the Corporation for registration as an employer within—

(a) for a person who becomes an employer on or after the commencement of this Act—1 month after becoming an employer, or

(b) for a person who is an employer immediately before the commencement of this Act—1 month after the commencement, or

(c) a longer period specified by the Corporation.

Maximum penalty—50 penalty units.

(3) The Corporation must determine an application for registration of an employer by—

(a) registering the person as an employer, if the Corporation is satisfied the person is an employer, or

(b) refusing to register the person as an employer.

Information in employers register

11 Information in employers register

(1) The employers register must include the following information for each registered employer—

(a) the employer’s name,

(b) the employer’s trading name, if any,

(c) the employer’s ABN, if any,

(d) the address of the employer’s principal place of business,

(e) if the employer is a corporation—

(i) the address of the corporation’s registered office, and

(ii) the corporation’s ACN,

(f) the community services provided by the employer,

(g) the day on which the Corporation received the person’s application for registration,

(h) if the person is no longer an employer—the day the person ceased being an employer.

(2) The Corporation may include other information in the employers register the Corporation considers necessary for the administration of this Act.

Certificate of registration for employers

12 Certificate of registration for employers

(1) The Corporation must give each registered employer a certificate of registration that includes the information about the employer included in the employers register under section 11.

(2) If the details shown on an employer’s certificate of registration change, the employer must, within 7 days after the change, give the Corporation written notice of the change.

Maximum penalty—5 penalty units.

(3) An employer’s certificate of registration is evidence of the matters stated in the certificate.

Division 2

Registration of workers

Division 2 Registration of workers

Corporation must keep register of workers

13 Corporation must keep register of workers

The Corporation must keep a register of persons who are registered as workers under this Act.

Registration of workers

14 Registration of workers

(1) The Corporation may register a person as a worker—

(a) on application by the person, or

(b) on application by the person’s employer under subsection (2), or

(c) on the Corporation’s own initiative under subsection (4).

(2) If a person does not apply for registration as a worker within 3 months after starting to do community service work for an employer, the employer must apply to the Corporation for registration of the person as a worker within 14 days after the end of the 3-month period.

Maximum penalty—20 penalty units.

(3) The Corporation must determine an application for registration of a worker by—

(a) registering the person as a worker, or

(b) refusing to register the person as a worker.

(4) The Corporation may also register a person as a worker if the Corporation—

(a) becomes aware of information, other than because of an application under this part, indicating the person is, or was, a worker, and

(b) is satisfied the person should be registered as a worker.

Registration of foundation workers

15 Registration of foundation workers

(1) A person who is registered as a worker within 6 months after the commencement of this Act must be registered as a foundation worker.

(2) The Corporation may, on application or the Corporation’s own initiative, also register a person as a foundation worker more than 6 months after the commencement of this Act if the Corporation is satisfied there are exceptional circumstances.

Worker’s registration day

16 Worker’s registration day

(1) In this Act, worker’s registration day means—

(a) for a worker registered under section 14(1)(a) or (b)—the day on which the Corporation receives the application, or

(b) for a worker registered under section 14(4)—the day the Corporation receives the information referred to in section 14(4)(a).

(2) Despite subsection (1), if the Corporation is satisfied the person was a worker for a period before the worker’s registration day, the Corporation may nominate an earlier day as the worker’s registration day.

(3) The Corporation must not nominate a day that is—

(a) more than 2 financial years before the worker’s registration day under subsection (1), unless the Corporation is satisfied there are special circumstances, or

(b) before the commencement of this Act.

Information in workers register

17 Information in workers register

(1) The workers register must include the following information for each registered worker, or as much of the following information as the Corporation is reasonably able to obtain—

(a) the worker’s name,

(b) if the worker is an employee—each employer for whom the employee works,

(c) if the worker is a contractor—the worker’s ABN, if any,

(d) the number of days of service credited to the worker,

(e) the total ordinary remuneration paid to the worker for community service work,

(f) the worker’s entitlement to long service leave,

(g) details of the long service leave granted to, or taken by, the worker, or payment instead of long service leave made to the worker, under this Act or the Long Service Leave Act 1955,

(h) the worker’s registration day,

(i) if the worker no longer does community service work—the day on which the worker ceased doing community service work.

(2) The Corporation may include in the workers register other information the Corporation considers necessary for the administration of this Act.

(3) The Corporation may, in relation to the information required under subsection (1)(e), rely on any information the Corporation thinks fit, including information in a return submitted under Part 4.

(4) The Corporation must, on request by a registered worker, give the worker information about the worker included in the register.

Annual information for workers

18 Annual information for workers

(1) The Corporation must, as soon as practicable after 31 July each year, give each registered worker the following information about the financial year ending on 30 June in that year—

(a) the number of days of service credited to the worker in the workers register for the financial year,

(b) the number of days of service, from the worker’s registration day to the end of the financial year, credited to the worker in the workers register,

(c) the total ordinary remuneration paid to the worker during the financial year by a registered employer,

(d) if the worker is a contractor—the total amount paid by the contractor under section 42 during the financial year.

(2) A worker may, within 2 years after receiving the information, make an objection to the Corporation if the worker believes the worker should have been credited with more days of service in the workers register for the financial year.

(3) The Corporation may determine an objection received more than 2 years after the worker receives the information if the Corporation is satisfied there are special circumstances.

(4) The Corporation must determine the objection by—

(a) dismissing the objection, or

(b) allowing the objection and amending the number of days of service credited to the worker in the workers register for the financial year.

Division 3

Cancellation and suspension of registration of workers

Division 3 Cancellation and suspension of registration of workers

Cancellation of worker’s registration

19 Cancellation of worker’s registration

(1) The Corporation may cancel a worker’s registration if the Corporation is satisfied—

(a) the person is not a worker, and

(b) the person’s application for registration as a worker should have been refused.

(2) The Corporation must cancel a worker’s registration if the person has not been credited under this Act or a corresponding law with at least 1 day’s service for 4 consecutive years.

(3) For subsection (2), a non-service day prescribed for section 20 must be treated as 1 day’s service.

(4) The Corporation must also cancel a worker’s registration—

(a) on the making of a pro rata payment under section 52 to the worker, or

(b) at the worker’s request.

(5) The cancellation of a worker’s registration under subsection (1) takes effect—

(a) 42 days after the Corporation notifies the worker of the cancellation, or

(b) if an appeal under section 68 is made against the cancellation within that period—on the date on which the appeal is withdrawn or the cancellation is confirmed.

(6) If a worker’s registration is cancelled under subsection (1) or (2)—

(a) the person ceases being a registered worker on the day the registration is cancelled, and

(b) the person is not entitled to apply for, or to be paid an amount for, long service leave for any days of service credited to the person in the workers register before the day the person ceased being a registered worker.

(7) Subsection (6)(b) does not apply if the person would have been entitled to a pro rata payment under section 52, if the person’s registration was not cancelled.

(8) The regulations may provide for the refund of long service leave levies on cancellation of a worker’s registration.

Suspension of worker’s registration

20 Suspension of worker’s registration

(1) The Corporation may suspend a worker’s registration if—

(a) the worker has been credited with at least 1,825 days of service in the workers register, and

(b) 1,460 non-service days have elapsed since the last date for which the worker was credited with service under this Act or a corresponding law.

(2) The Corporation may restore a suspended worker’s registration at any time.

(3) If the Corporation restores a suspended worker’s registration under subsection (2), any days of service under this Act credited to the worker in the workers register at the date of suspension must be restored.

(4) While a worker’s registration is suspended—

(a) the worker must not be credited with any service in the workers register during the period of suspension, and

(b) the Corporation is not required to give information to the worker under section 18.

(5) While a worker’s registration is suspended, the worker is entitled to apply for and be paid a long service leave payment for any days of service credited to the worker in the workers register at the date of suspension.

(6) If a worker has died, whether before or after the worker’s registration was suspended, the deceased worker’s personal representative may apply for and be paid any long service leave payment for any days of service credited to the worker in the workers register.

(7) Subsections (5) and (6) are subject to section 52.

(8) An application under subsection (6) may not be made more than 2 years, or a longer period prescribed by the regulations, after the later of—

(a) the date of suspension, or

(b) the date on which the worker died.

(9) In this section—

non-service day means a day prescribed by the regulations for subsection (1).

Reinstatement of cancelled worker’s registration

21 Reinstatement of cancelled worker’s registration

(1) The Corporation may, within 6 years after the cancellation of a worker’s registration, reinstate the registration if the Corporation is satisfied there are special circumstances.

(2) The Corporation may reinstate a worker’s registration that was cancelled under section 19(2) if the Corporation is satisfied the worker has been credited with a period of service under a corresponding law within the period of 4 years before the registration was cancelled.

(3) If a worker’s registration is reinstated under this section, this Act applies in relation to the worker as if the registration had not been cancelled.

(4) This section does not affect another right that a person whose registration has been cancelled may have to again become a registered worker.

Division 4

Cancellation of registration of employers

Division 4 Cancellation of registration of employers

Cancellation of employer’s registration

22 Cancellation of employer’s registration

(1) The Corporation may cancel an employer’s registration if the Corporation is satisfied—

(a) the person is not an employer, and

(b) the person’s application for registration as an employer should have been refused.

(2) If a registered employer ceases engaging any workers to do community service work, the registered employer may apply to the Corporation for cancellation of the employer’s registration.

(3) The Corporation must cancel the employer’s registration if the Corporation is satisfied the person has ceased engaging any workers to do community service work.

(4) The person ceases being a registered employer on the day the employer’s registration is cancelled but must pay any long service leave levy that was due to the Corporation before that day.

Division 5

General

Division 5 General

Corporation may require further information about employers

23 Corporation may require further information about employers

(1) The Corporation may, by written notice, require an applicant under section 10(2) to give the Corporation information or evidence the Corporation considers necessary to properly consider the application.

(2) The notice must specify a reasonable time within which the information or evidence must be given to the Corporation.

(3) An applicant given a notice under subsection (1) must not, without reasonable excuse, fail to give the Corporation the information or evidence within the specified period.

Maximum penalty for subsection (3)—40 penalty units.

Corporation may require further information about workers

24 Corporation may require further information about workers

(1) The Corporation may, by written notice, require an applicant under section 14(1)(a) or (2) to give the Corporation information or evidence the Corporation considers necessary to properly consider the application.

(2) The notice must specify a reasonable time within which the information or evidence must be given to the Corporation.

(3) The Corporation may refuse to grant an application under section 14 if the applicant fails, without reasonable excuse, to give the Corporation the information or evidence within the specified period.

Corporation may require further information about unregistered employers

25 Corporation may require further information about unregistered employers

(1) This section applies if the Corporation believes a person is or was an employer, but is or was not a registered employer.

(2) The Corporation may, by written notice, require the person to give the Corporation information or evidence the Corporation considers necessary to decide whether the person is or was an employer at the relevant time.

(3) The notice must specify a reasonable time within which the information or evidence must be given to the Corporation.

(4) The person must not, without reasonable excuse, fail to give the Corporation the information or evidence within the specified period.

Maximum penalty for subsection (4)—40 penalty units.

Notice of registration decisions

26 Notice of registration decisions

(1) The Corporation must, within 14 days after making a decision under this part, give written notice of the decision to the person to whom the decision relates.

(2) Notice of a decision to register a person as a worker must specify the worker’s registration day.

(3) Notice of a decision to refuse to register or to cancel the registration of a person must include—

(a) an explanation of the decision, and

(b) the person’s rights to appeal under Part 7.

Inspection of registers

27 Inspection of registers

(1) The Corporation must, on request, give a registered employer, or a person acting on behalf of a registered employer, access to, and a certified copy of, an entry in the employers register that relates to the employer.

(2) The Corporation must, on request, give a registered worker, or a person acting on behalf of a registered worker, access to, and a certified copy of, an entry in the workers register that relates to the worker.

Part 3

Service credits

Part 3 Service credits

Meaning of “engagement period”

28 Meaning of “engagement period”

(1) In this Act, engagement period, for a worker who is an employee, means the period—

(a) starting on the day the person is engaged by an employer as a worker, and

(b) ending on the day the person ceases being engaged by an employer as a worker.

(2) For subsection (1), it is not relevant whether the employer who engages the worker is the employer who ceases engaging the worker.

(3) In this Act, engagement period, for a worker who is a contractor, means the period—

(a) starting on the day the person starts doing community service work as a contractor, and

(b) ending on the day the person ceases doing community service work as a contractor.

(4) In this Act, engagement period, for a worker, includes any day on which the worker did not do community service work—

(a) because of incapacity for work for which the worker is entitled to compensation under the Workers Compensation Act 1987, or

(b) for a worker who is an employee—because the worker had been dismissed by the worker’s employer to ensure the worker did not take long service leave during the worker’s employment.

(5) The Corporation may, on request of an employer or worker, determine the day on which an engagement period starts or ends.

Service credits

29 Service credits

(1) A registered worker must be credited in the workers register with 1 day’s service for each day, including a day when the worker does not do community service work, in each engagement period.

(2) A registered worker must not be credited in the workers register with a day’s service that occurs before the worker’s registration day.

(3) A registered worker must not be credited in the workers register with more than 365 days of service in a financial year, even if a particular financial year has 366 days.

Service credits under corresponding laws

30 Service credits under corresponding laws

(1) This section applies if a registered worker is entitled to be credited with both—

(a) a number of days of service in the workers register, and

(b) a further number of days of service in a similar register or record kept under a corresponding law.

(2) The days of service that must be credited to the registered worker in the workers register for a financial year must be adjusted to ensure the total number is not more than 365 days.

(3) The adjustment made under subsection (2) must be made—

(a) when an application is made under this Act or a corresponding law for payment of long service leave for the service under this Act or a corresponding law, or

(b) at another time determined by the Corporation.

Foundation worker service credits

31 Foundation worker service credits

Despite section 29, a worker who is registered as a foundation worker must be credited, on the day the worker is registered, with 365 days of recognised service.

Service credits for breaks in engagement periods

32 Service credits for breaks in engagement periods

The Corporation may, on application by a registered worker, credit the registered worker with 1 day’s service in the workers register for each day of any period not exceeding 3 months during which the Corporation is satisfied that, because of circumstances prescribed by the regulations, the registered worker was not eligible to be credited with service under section 29.

Service credits for insolvent employers

33 Service credits for insolvent employers

The Corporation may, on application by the registered worker or the administrator, credit a registered worker who is an employee with 1 day’s service in the workers register for each day during which the employer is insolvent under administration, or a Chapter 5 body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth.

Part 4

Returns and records

Part 4 Returns and records

Returns by employers

34 Returns by employers

(1) Within 14 days after the end of a return period, a person who is or was an employer during the return period must give the Corporation a return for the period.

Maximum penalty—40 penalty units.

(2) The return must specify the following for each worker who was an employee during the return period—

(a) the total amount of ordinary remuneration paid by the employer to the worker during the return period for community service work done by the worker,

(b) if the worker’s engagement with the person started during the return period—the day on which the engagement period for the worker started,

(c) if the worker’s engagement with the person ended during the return period—the day on which the engagement period for the worker ended,

(d) other information prescribed by the regulations.

Maximum penalty—40 penalty units.

(3) The person must, on the request of the Corporation, verify the information specified in the return in the way requested by the Corporation.

Maximum penalty—40 penalty units.

(4) The person must give notice to the Corporation about a change to information referred to in subsection (2) within 1 month after the change.

Maximum penalty—40 penalty units.

(5) This section does not require a person to record information about a worker who is the person’s employee if the worker—

(a) is not a registered worker, and

(b) was not recorded as a worker in the person’s return for the previous return period, and

(c) did community service work for the person for less than 5 days during the current return period.

Exemption from giving returns to Corporation

35 Exemption from giving returns to Corporation

(1) An employer may apply to the Corporation for an exemption from the requirement to give the Corporation a return under section 34 in relation to a person who is, or was, engaged by the employer as a worker.

(2) The Corporation may grant the exemption if the Corporation is satisfied—

(a) the employer no longer engages the person to do community service work, or

(b) the employer complies with, or makes contributions to, a scheme in another State or Territory about long service leave payments for workers that is similar to the scheme established by this Act in relation to the person.

(3) The Corporation may, by written notice to the employer, revoke an exemption granted under subsection (2) if the Corporation is satisfied the exemption should no longer be granted.

(4) If the Corporation refuses to grant an application for, or revokes, an exemption, the Corporation must give the employer written notice of the decision.

(5) The notice must include—

(a) an explanation of the decision, and

(b) the employer’s rights to appeal under Part 7.

Returns by contractors

36 Returns by contractors

A contractor who is, or was, a registered worker during a return period must, within 14 days after the end of the return period, give the Corporation a return specifying the following information—

(a) the number of days, or part days, during the return period on which the contractor did community service work,

(b) the contractor’s total ordinary remuneration for the community service work during the return period,

(c) other information prescribed by the regulations.

Maximum penalty—20 penalty units.

Corporation may review ordinary remuneration of workers

37 Corporation may review ordinary remuneration of workers

(1) This section applies if the Corporation considers that the total ordinary remuneration for a worker specified in a return given to the Corporation under section 34 or 36 for a return period may be insufficient or excessive because of the nature of the community service work done by the worker in the return period.

(2) The Corporation must, by written notice to the relevant parties, invite written submissions in relation to the ordinary remuneration for the worker.

(3) After considering written submissions received within 1 month of giving the notice under subsection (2), the Corporation must—

(a) decide that the total ordinary remuneration specified in the return for the return period is reasonable, or

(b) fix another amount as the total ordinary remuneration of the worker for the return period.

(4) The Corporation must, within 14 days after making a decision under subsection (3), give written notice of the decision to the relevant parties.

(5) If the Corporation decides to fix another amount as the total ordinary remuneration under subsection (3)(b), the notice must specify the following—

(a) the total ordinary remuneration fixed by the Corporation for the return period,

(b) a statement of the effect of section 38.

(6) In this section—

relevant party means—

(a) in relation to a return under section 34—

(i) the person who gave the return, and

(ii) the worker, and

(b) in relation to a return under section 36—the contractor.

Variation of ordinary remuneration

38 Variation of ordinary remuneration

(1) This section applies if the Corporation fixes an amount under section 37(3)(b) as the total ordinary remuneration of a worker or contractor who is a registered worker for a return period (the varied amount).

(2) If the varied amount is more than the amount stated in the return for the return period (the returned amount), the employer or contractor must pay the Corporation the additional amount payable as the long service leave levy for the worker or contractor for the return period.

(3) If the varied amount is less than the returned amount, the Corporation must—

(a) if asked by the employer or contractor to refund the overpayment of the long service leave levy—refund the overpayment, or

(b) otherwise—credit the overpayment against future amounts payable as a long service leave levy by the employer or contractor.

(4) An employer or contractor who is required under subsection (2) to pay an additional amount must pay the amount within—

(a) 1 month after the day on which the employer or contractor receives notice under section 37 of the Corporation’s decision, or

(b) the additional period determined by the Corporation.

Maximum penalty for subsection (4)—20 penalty units.

Employers must keep records about employees

39 Employers must keep records about employees

(1) An employer must keep a written record of the following for each worker who is an employee—

(a) the employee’s name and date of birth,

(b) the employee’s telephone number and address,

(c) if the employee is a registered worker—the registration number of the worker,

(d) the nature of the community service work carried out by the employee,

(e) the employee’s ordinary remuneration for each return period,

(f) the number of days worked by the employee in each return period,

(g) the date when the employee started service with the employer,

(h) long service leave granted to the employee,

(i) if the employee ceases service with the employer—the date the employee ceases service,

(j) a pro rata payment made under section 52 to the employee.

Maximum penalty—20 penalty units.

(2) An employer must keep a copy of the employment contract for each employee.

Maximum penalty—20 penalty units.

(3) An employer must keep the records about an employee under this section for 7 years after the day the employee ceases to be engaged by the employer.

Maximum penalty—20 penalty units.

Contractors must keep records

40 Contractors must keep records

(1) A contractor who is registered as a worker must keep a written record of the following—

(a) the nature of the community service work done by the contractor,

(b) when and for whom community service work is done,

(c) the contractor’s ordinary remuneration for each return period,

(d) the number of days worked by the contractor in each return period.

Maximum penalty—20 penalty units.

(2) The contractor must keep the written record for 7 years after the day the record is made.

Maximum penalty—20 penalty units.

Part 5

Long service leave levy

Part 5 Long service leave levy

Determination of long service leave levy payable by employers and contractors

41 Determination of long service leave levy payable by employers and contractors

(1) The amount of the long service leave levy payable by an employer on the ordinary remuneration for each worker engaged by the employer to do community service work is the percentage of the worker’s ordinary remuneration determined by the Minister by order published on the NSW legislation website.

(2) The amount of the long service leave levy payable by a contractor who is a registered worker is the percentage of the contractor’s ordinary remuneration determined by the Minister by order published on the NSW legislation website.

(3) The Corporation must, from time to time, give the Minister a written recommendation about the long service leave levy that should be payable by employers and contractors who are registered workers.

(4) Before making an order under this section, the Minister must have regard to a recommendation from the Corporation under subsection (3), but is not required to follow the recommendation.

(5) The Interpretation Act 1987, sections 40 and 41 apply to an order under this section in the same way as the sections apply to statutory rules.

Payment of long service leave levy by employers and contractors

42 Payment of long service leave levy by employers and contractors

(1) A person who is, or was, an employer during a return period must, when the person gives the Corporation a return under section 34, pay to the Corporation the long service leave levy for the return period.

Maximum penalty—20 penalty units.

(2) A person who is, or was, a contractor registered as a worker during a return period must, when the person gives the Corporation a return under section 36, pay to the Corporation the long service leave levy for the return period.

Late payment of long service leave levy

43 Late payment of long service leave levy

(1) A long service leave levy that is not paid at or before the time the levy is due bears compound interest at the rate prescribed by the regulations.

(2) Interest forms part of, and may be recovered as, an unpaid long service leave levy.

(3) If the Corporation is satisfied there are special circumstances, the Corporation may, by direction—

(a) extend the time within which payment of all or part of a long service leave levy must be made, or

(b) waive or reduce the amount of interest payable under subsection (1).

(4) Subsection (3) has effect despite section 42.

Assessment of unpaid long service leave levy

44 Assessment of unpaid long service leave levy

(1) If the Corporation reasonably believes a long service leave levy has not been fully paid, the Corporation may make an assessment of the amount owing.

(2) The Corporation must give a notice of the assessment to the person to whom the assessment relates.

(3) The notice must include—

(a) an explanation of the decision, and

(b) the person’s rights to appeal under Part 7.

Collection of long service leave levies by authorised agents

45 Collection of long service leave levies by authorised agents

(1) The Corporation may enter into an agreement with an agent appointed by the Corporation for the collection of long service leave levies.

(2) An agreement may provide for the payment of remuneration for the authorised agent from the Community Services Sector Long Service Leave Fund under the Long Service Corporation Act 2010, section 13A.

Part 6

Long service leave

Part 6 Long service leave

Long service leave entitlements

46 Long service leave entitlements

A registered worker is entitled to leave in accordance with this part.

Long service leave formula

47 Long service leave formula

A registered worker’s entitlement to long service leave is calculated according to the following formula—

where—

RS means the registered worker’s number of days of recognised service to which the long service leave entitlement relates.

W means the number of weeks of long service leave to which the registered worker is entitled.

Amount of long service leave

48 Amount of long service leave

(1) A registered worker who completes 2,555 days or more of recognised service after the commencement of this Act is entitled to 6.1 weeks of long service leave under this Act.

(2) A registered worker who completes a further 365 days of recognised service after last becoming entitled to long service leave under this Act is entitled under this Act to—

(a) 0.8667 weeks of long service leave for the additional 365 days of recognised service, and

(b) a further 0.8667 weeks of long service leave for each subsequent 365 days of recognised service.

Employers must grant long service leave

49 Employers must grant long service leave

(1) If a registered worker becomes entitled to long service leave under this Act, the employer must grant the worker the long service leave within—

(a) 6 months after the day on which the worker becomes entitled to the long service leave under this Act, or

(b) if the Corporation has allowed, on application by the employer or worker, a period longer than 6 months—the period allowed by the Corporation, or

(c) if the employer and worker agree on a period longer than 6 months and less than 5 years—the agreed period.

Maximum penalty—50 penalty units.

(2) If an employer and a worker agree on a period under subsection (1)(c), the employer must give written notice to the Corporation of the agreed period within 7 days after the agreement is reached.

(3) Long service leave must not be granted for a period of less than 2 weeks.

Payments for long service leave

50 Payments for long service leave

(1) A registered worker who has accrued long service leave under this Act may apply to the Corporation for payment for the long service leave.

(2) The Corporation may require the registered worker to give the Corporation information or evidence the Corporation considers necessary to determine the application.

(3) If the Corporation is satisfied the registered worker is entitled to long service leave under this Act, the Corporation must—

(a) approve the application, and

(b) pay to the registered worker the amount payable under section 54 or 55 as soon as practicable after the application is made.

No double payments for long service leave

51 No double payments for long service leave

(1) A registered worker is not entitled to be paid for a day’s service that is credited to the worker in the workers register if payment for the entitlement has already been made under this or another Act or an award.

(2) In this section—

award means an award, agreement or industrial instrument, under a law of the State or the Commonwealth, providing for payment of workers doing community service work.

Pro rata payments instead of long service leave in limited circumstances

52 Pro rata payments instead of long service leave in limited circumstances

(1) Except as provided by this section, a registered worker must not be paid an amount instead of long service leave.

(2) A registered worker who has 1,825 days of recognised service may apply to the Corporation for a pro rata payment instead of long service leave.

(3) The Corporation may grant an application if the Corporation is satisfied—

(a) the worker has permanently ceased doing community service work, and

(b) 10 weeks, or a shorter period prescribed by the regulations, have passed since the day on which the worker permanently ceased doing community service work, and

(c) the worker has not been credited with service in the workers register for any days in the 10-week period or the shorter period prescribed under paragraph (b).

(4) The Corporation may also grant an application in circumstances prescribed by the regulations.

(5) If the Corporation grants an application, the worker is entitled to a pro rata payment instead of long service leave for the number of weeks of long service leave calculated in accordance with this part.

(6) A deceased worker’s personal representative may apply to the Corporation under subsection (2) on behalf of the deceased worker.

Calculating payments for long service leave entitlements

53 Calculating payments for long service leave entitlements

(1) For sections 50 and 52, the amount payable to a registered worker for, or instead of, long service leave is—

(a) for any part of the entitlement to long service leave accrued as an employee—the amount calculated in accordance with section 54, and

(b) for any part of the entitlement to long service leave accrued as a contractor—the amount calculated in accordance with section 55.

(2) For subsection (1)—

(a) long service leave must be taken in the reverse order in which the leave is accrued, and

(b) if a pro rata payment instead of leave is being made—the payment is made in relation to the leave in the order in which the leave is accrued.

Long service leave payments to employees

54 Long service leave payments to employees

(1) For sections 50 and 52, the amount payable to an employee for long service leave for service accrued as a registered worker is the amount calculated using the following formula—

where—

D means the number of days of recognised service to which the amount payable relates.

R is the highest of the weekly averages of the ordinary remuneration received by the registered worker during each of the following periods that applies to the worker—

(a) the most recent 2 quarters of service as a registered worker before the designated day,

(b) the most recent 4 quarters of service as a registered worker before the designated day,

(c) the most recent 20 quarters of service as a registered worker before the designated day,

(d) the most recent 28 quarters of service as a registered worker before the designated day.

(2) In this section—

designated day, for long service leave, means the following—

(a) for a registered worker taking long service leave—the day the leave starts,

(b) for a registered worker being paid pro rata instead of taking long service leave—the day the Corporation approves the application for payment.

Long service leave payments to contractors

55 Long service leave payments to contractors

(1) For sections 50 and 52, the amount payable to a contractor who is a registered worker for long service leave for service accrued as a registered worker is the total of the following for the service—

(a) the amount of the long service leave levy paid by the contractor to the Corporation under section 42,

(b) interest at the rate determined by the Corporation under subsection (2), and calculated from the date of receipt of each amount paid under section 42 until the designated day for the long service leave.

(2) The rate of interest must—

(a) be calculated after the end of each financial year for the previous financial year, and

(b) take into account the expenses incurred in administering the Corporation, and

(c) be at least 75% of the rate of interest, expressed as a percentage, earned by the Corporation on the amount in the Fund and calculated in accordance with the regulations.

(3) The Corporation may determine an interim rate of interest from time to time before the determination of the rate under subsection (2).

(4) In this section—

designated day, for long service leave, means the following—

(a) for a registered worker taking long service leave—the day the leave starts,

(b) for a registered worker being paid pro rata instead of taking long service leave—the day the Corporation approves the application for payment.

Deemed minimum and maximum rates of pay

56 Deemed minimum and maximum rates of pay

(1) Despite section 54, the regulations may provide for the determination of minimum and maximum amounts for R for the purposes of the formula in that section.

(2) The Minister must consult with the Committee before recommending the making of a regulation under this section.

(3) The Committee must advise and make recommendations to the Minister on the operation of, and an amendment to or repeal of, a regulation made under this section.

(4) If an amount of a long service leave payment to a registered worker under section 54 is, because of the operation of a regulation made under this section, less than the amount it would have been without the regulation, the Corporation must give the worker written notice that includes an explanation of the operation of the regulation.

Public holidays not to count as long service leave

57 Public holidays not to count as long service leave

A period of long service leave taken by a registered worker is increased by 1 day for each public holiday during the period of leave.

Corporation may pay if employer insolvent

58 Corporation may pay if employer insolvent

(1) This section applies if—

(a) the employer of a registered worker is or becomes insolvent under administration, or a Chapter 5 body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, and

(b) the worker has an entitlement to long service leave under this Act.

(2) The Corporation may pay to the worker, or the deceased worker’s personal representative, the difference between—

(a) the amount of the worker’s long service leave entitlement under this Act, and

(b) an amount the worker, or the deceased worker’s personal representative, has received from the employer for the worker’s long service leave entitlement under this Act.

Deferral of payment for long service leave entitlement

59 Deferral of payment for long service leave entitlement

(1) A person who applies for a payment for a long service leave entitlement may ask the Corporation to defer payment.

(2) The Corporation may defer the payment for a period agreed between the person and the Corporation.

Corporation’s liability limited to long service leave

60 Corporation’s liability limited to long service leave

Despite the Corporation having paid, paying, or being liable to pay, an amount for a long service leave entitlement under this Act to a registered worker, the Corporation is not—

(a) an employer of the registered worker, or

(b) a person in a contractual relationship with the registered worker.

Part 7

Appeals to Committee

Part 7 Appeals to Committee

Appeals

61 Appeals

(1) An appeal under this Act must be made within—

(a) 21 days after the appellant is notified of the decision appealed against, or

(b) another period prescribed by the regulations.

(2) Subject to the regulations, the Committee may determine—

(a) the way in which appeals must be made, and

(b) the procedure for hearing and determining appeals.

(3) The Committee may refer a matter that is the subject of an appeal to the Corporation for reconsideration at any time.

(4) The Committee’s determination of an appeal is taken to be the final decision of the Corporation and must be given effect to by the Corporation.

(5) Despite subsection (4), in proceedings in a court, a plea of issue estoppel is not available in relation to an issue decided by the Committee.

Hearing and determination of appeals by 2 or more members

62 Hearing and determination of appeals by 2 or more members

(1) The Committee may determine that a particular appeal, or an appeal of a particular class, may be heard but not determined, or heard and determined, by a subcommittee consisting of 2 or more members of the Committee appointed by the Committee.

(2) If an appeal is heard but not determined by a subcommittee, the determination of the appeal must be made by the Committee at a meeting at which a quorum is present.

(3) If an appeal is heard and determined by a subcommittee, the determination of the appeal is taken to have been made by the Committee.

(4) A subcommittee appointed by the Committee for this section must consist of—

(a) at least 1 member of the Committee appointed under section 8(2)(b)(i) or (ii), and

(b) at least 1 member of the Committee appointed under section 8(2)(b)(iii) or (iv).

(5) The number of members on the subcommittee appointed under section 8(2)(b)(i) or (ii) must be equal to the number of members on the subcommittee appointed under section 8(2)(b)(iii) or (iv).

Notice of appeal decisions

63 Notice of appeal decisions

The Committee must give the appellant written notice of the Committee’s decision on an appeal within 14 days after the decision is made.

Personal representative of deceased person may appeal on person’s behalf

64 Personal representative of deceased person may appeal on person’s behalf

(1) A reference in this part to a person who has a right to appeal under this part includes a deceased person’s personal representative.

(2) In this section—

personal representative, of a deceased person, means—

(a) for a person who died wholly or partially intestate—a person who appears to the Committee to be entitled to obtain a grant of letters of administration of the estate of the person, and

(b) for a person who died testate—a person who appears to the Committee to be entitled to receive the relevant payment under the will of the person.

Appeal against refusal to register as employer

65 Appeal against refusal to register as employer

(1) An applicant for registration as an employer may appeal to the Committee against a decision of the Corporation to refuse to register the applicant as an employer under section 10.

(2) The Committee must determine the appeal by—

(a) if the Committee is satisfied the applicant is an employer—directing the Corporation to register the person as an employer, or

(b) otherwise—confirming the Corporation’s decision.

Appeal against refusal to register as worker

66 Appeal against refusal to register as worker

(1) An applicant for registration of a person as a worker may appeal to the Committee against a decision of the Corporation to refuse to register the person as a worker under section 14.

(2) The Committee must determine the appeal by—

(a) if the Committee is satisfied the person is a worker—directing the Corporation to register the person as a worker, or

(b) otherwise—confirming the Corporation’s decision.

Appeal against cancellation of employer’s registration

67 Appeal against cancellation of employer’s registration

(1) A person may appeal to the Committee against a decision of the Corporation under section 22 to cancel the person’s registration as an employer.

(2) The Committee must determine the appeal by—

(a) confirming the cancellation, or

(b) quashing the Corporation’s decision, if the Committee is satisfied—

(i) for a cancellation under section 22(1)—the person is an employer and the person was registered as an employer in accordance with this Act, or

(ii) for a cancellation under section 22(3)—the person has not ceased engaging any workers to do community service work.

Appeal against cancellation of worker’s registration

68 Appeal against cancellation of worker’s registration

(1) A person may appeal to the Committee against a decision of the Corporation under section 19 to cancel the person’s registration as a worker.

(2) The Committee must determine the appeal by—

(a) confirming the cancellation, or

(b) quashing the Corporation’s decision, if the Committee is satisfied—

(i) for a cancellation under section 19(1)—the person is a worker and the person was registered as a worker in accordance with this Act, or

(ii) for a cancellation under section 19(2)—the registered worker was entitled under this Act to be credited with service in the workers register during the period of 4 years immediately preceding the cancellation.

(3) A person cannot appeal the cancellation of a worker’s registration by the Corporation under section 19(4).

Appeal in relation to objection about service credits

69 Appeal in relation to objection about service credits

(1) A registered worker may appeal to the Committee against a dismissal by the Corporation of an objection made by the registered worker under section 18.

(2) The Committee must determine the appeal by—

(a) confirming the Corporation’s decision, or

(b) quashing the Corporation’s decision and determining the objection in accordance with this Act.

Appeal in relation to exemption from giving returns

70 Appeal in relation to exemption from giving returns

(1) An employer may appeal to the Committee against a decision of the Corporation to refuse to grant an exemption to the employer, or revoke an exemption granted to the employer, under section 35.

(2) The Committee must determine the appeal by—

(a) directing the Corporation to grant or reinstate the exemption, or

(b) confirming the Corporation’s decision.

Appeal in relation to late payment of long service leave levies

71 Appeal in relation to late payment of long service leave levies

(1) A person who is aggrieved by a decision of the Corporation to give, or refuse to give, a direction under section 43(3) may appeal to the Committee.

(2) The Committee must determine the appeal by—

(a) confirming the Corporation’s decision, or

(b) if the Committee considers the Corporation’s decision unreasonable having regard to the circumstances notified to the Corporation when the decision was made—giving directions to the Corporation the Committee considers appropriate.

Appeal against long service leave levy assessment

72 Appeal against long service leave levy assessment

(1) A person who is aggrieved by a decision of the Corporation in relation to an assessment under section 44 may appeal to the Committee.

(2) The Committee must determine the appeal by—

(a) confirming the Corporation’s decision, or

(b) quashing the Corporation’s decision.

Appeal in relation to deemed minimum and maximum rates of pay

73 Appeal in relation to deemed minimum and maximum rates of pay

(1) A person who has received written notice under section 56 and is dissatisfied with the calculation of the long service leave payment may appeal to the Committee.

(2) The Committee must determine the appeal by—

(a) confirming the calculation of the long service leave payment, or

(b) setting the calculation aside and substituting a new calculation.

Part 8

Inspectors

Part 8 Inspectors

Definition

74 Definition

In this part—

premises includes the whole or part of a building, structure or place, whether built on or not.

Authorisation of inspectors

75 Authorisation of inspectors

(1) The Corporation may authorise a person or class of persons to be an inspector for this Act.

(2) Subject to the terms of an inspector’s authorisation, an inspector has the functions conferred or imposed on an inspector by or under this Act.

(3) An inspector is subject to the control and direction of the Corporation.

(4) The Corporation must issue each inspector with identification.

(5) When exercising a function of an inspector under this Act, the inspector must, if requested to do so by a person affected by the exercise of the function, produce to the person the inspector’s identification.

Power to enter premises

76 Power to enter premises

(1) An inspector may enter premises at any time for the following purposes—

(a) determining whether any workers under this Act are engaged at the premises,

(b) determining whether there has been compliance with, or a contravention of, this Act or the regulations.

(2) Entry may be effected under this Act by an inspector—

(a) with the use of reasonable force, and

(b) with assistance the inspector considers necessary.

(3) This part does not empower an inspector to enter a part of premises used only for residential purposes without—

(a) the permission of the occupier, or

(b) the authority of a search warrant.

Search warrants

77 Search warrants

(1) An inspector may apply to an authorised officer for the issue of a search warrant for premises if the inspector believes on reasonable grounds that—

(a) a provision of this Act or the regulations is being or has been contravened at the premises, or

(b) there is in or on the premises a matter or thing connected with an offence under this Act or the regulations.

(2) An authorised officer to whom an application is made may, if satisfied there are reasonable grounds, issue a search warrant authorising an inspector named in the warrant to—

(a) enter the premises, and

(b) exercise a function of an inspector under this part.

(3) The Law Enforcement (Powers and Responsibilities) Act 2002, Part 5, Division 4 applies to a search warrant issued under this section.

(4) In this section—

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.

Powers to inspect and seize things

78 Powers to inspect and seize things

(1) An inspector may, on premises lawfully entered, do anything the inspector considers necessary for the purposes of this part, including the following—

(a) carrying out surveillance activities,

(b) examining and inspecting the premises or an article or thing on the premises,

(c) making examinations and inquiries the inspector considers necessary,

(d) requiring records and other documents required to be kept for this Act or the regulations to be produced for inspection,

(e) examining and inspecting records or other documents,

(f) copying records or other documents,

(g) seizing a thing if the inspector has reasonable grounds for believing the thing is connected with an offence under this Act or the regulations,

(h) doing anything else the inspector is empowered to do under this part.

(2) The power to seize a thing connected with an offence includes a power to seize—

(a) a thing for or with which the offence has been committed, and

(b) a thing providing evidence of the commission of the offence, and

(c) a thing used for the purposes of committing the offence.

(3) A person may be required to produce a document under this part only if the document is—

(a) in the person’s possession, or

(b) within the person’s power to obtain lawfully.

(4) In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.

Dealing with seized things

79 Dealing with seized things

(1) If an inspector seizes a thing on premises under section 78, the inspector must give the person apparently in charge of the premises a written receipt for the seized thing.

(2) An inspector may keep a thing seized under section 78 until the completion of proceedings in which the thing may be evidence.

(3) A record may be kept under subsection (2) only if the person from whom the record was seized is, within a reasonable time after the seizure, given a copy of the record certified by the inspector as a true copy.

(4) Subsection (2) ceases to have effect in relation to a thing seized if, on the application of a person affected by the seizure, the court in which proceedings referred to in that subsection are commenced so orders.

Assistance to be given to inspectors

80 Assistance to be given to inspectors

(1) An inspector may, by written notice to the owner or occupier of premises, require the owner or occupier to give the reasonable assistance specified in the notice for the purposes of exercising the inspector’s functions under this part in relation to the premises.

(2) The notice may specify—

(a) the time within which the assistance must be given, and

(b) the way in which the assistance must be given.

Power to require production of employee records

81 Power to require production of employee records

(1) An inspector may, by written notice given to an employer or other person who the inspector reasonably believes has possession, custody or control of the employer’s records kept under section 39, require the employer or person to produce specified records at a specified time and place.

(2) An inspector may—

(a) inspect a record produced in response to the notice, and

(b) take copies of or extracts from, or make notes from, a record produced in response to the notice.

(3) An employer does not contravene a provision of this Act if the employer is unable to comply with the provision because an inspector kept possession of a record under this section or section 82.

Power to take possession of records to be used as evidence

82 Power to take possession of records to be used as evidence

(1) An inspector to whom a record is produced under section 81 may take possession of the record if the inspector considers it necessary for the purpose of obtaining evidence or protecting evidence from destruction.

(2) If an inspector takes possession of a record under this section, the record may be kept by the inspector until the completion of proceedings, including proceedings on appeal, in which the record may be evidence.

(3) The person from whom the record was taken must, within a reasonable time after the record is taken, be given a copy of the record certified by an inspector as a true copy.

(4) A copy of a record given under this section is, as evidence, of equal validity to the record of which it is certified to be a copy.

Offences

83 Offences

(1) A person must not, without reasonable excuse, fail to comply with a requirement made of the person by an inspector under this part.

Maximum penalty—50 penalty units.

(2) A person must not wilfully obstruct, delay or hinder an inspector in the exercise of the inspector’s functions under this part.

Maximum penalty—50 penalty units.

(3) A person must not refuse to allow an inspector to enter premises the inspector may lawfully enter under this part.

Maximum penalty—50 penalty units.

Provisions relating to requirements to give records or information or answer questions

84 Provisions relating to requirements to give records or information or answer questions

(1) A person is not guilty of an offence of failing to comply with a requirement under this part to give records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.

(2) A person is not excused from a requirement under this part to give records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.

(3) However, information or an answer given by a natural person in compliance with a requirement under this part is not admissible in evidence against the person in criminal proceedings, except proceedings for an offence under this part, if—

(a) the person objected at the time to doing so on the ground that it might incriminate the person, or

(b) the person was not warned on that occasion that the person may object to giving the information or answer on the ground that it might incriminate the person.

(4) A record given by a person in compliance with a requirement under this part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.

(5) Further information obtained as a result of a record, information or answer given in compliance with a requirement under this part is not inadmissible on the ground that the record, information or answer—

(a) had to be given, or

(b) might incriminate the person.

(6) This section extends to a requirement under this part to state a person’s name and address.

Part 9

Relationship to other laws

Part 9 Relationship to other laws

Definition

85 Definition

In this part—

relevant arrangement means the following—

(a) the Long Service Leave Act 1955,

(b) a corresponding law,

(c) a law prescribed by the regulations,

(d) an enterprise agreement that provides for long service leave benefits more favourable than the benefits provided for by this Act.

Registered workers eligible for benefits under other arrangements

86 Registered workers eligible for benefits under other arrangements

(1) This section applies if a registered worker is eligible for both—

(a) long service benefits under this Act, and

(b) long service benefits accrued after the commencement of this Act under a relevant arrangement.

(2) A registered worker must—

(a) elect to take long service benefits under this Act or the relevant arrangement, and

(b) give the Corporation written notice of the election and the engagement period for which the election is made.

(3) If a registered worker elects to take long service benefits under the relevant arrangement, the Corporation must remove the worker’s credits for the engagement period from the workers register.

(4) The Corporation must keep a record of the removed credits.

Reimbursement of employer

87 Reimbursement of employer

(1) This section applies if—

(a) a registered worker elects under section 86 to take long service benefits under a relevant arrangement, and

(b) an employer pays the registered worker an amount under the relevant arrangement.

(2) The employer may apply to the Corporation for reimbursement of an amount paid by the employer to the registered worker under the relevant arrangement.

(3) The Corporation must reimburse the amount paid under the relevant arrangement, less any long service leave levy or other amount outstanding that is payable by the employer to the Corporation under this Act, if the Corporation is satisfied the amount paid by the employer was properly paid by the employer under the relevant arrangement.

(4) The regulations may prescribe circumstances in which a person or body is taken to be an employer for the purposes of this section.

Reimbursement for certain payments under Long Service Leave Act 1955

88 Reimbursement for certain payments under Long Service Leave Act 1955

(1) This section applies if a worker who is an employee—

(a) has an entitlement to long service leave with an employer that was accrued under the Long Service Leave Act 1955, and

(b) has not accrued an entitlement with an employer under this Act.

(2) The employer may apply to the Corporation for reimbursement of the amount of long service leave payable to the employee for the part of the entitlement accrued under the Long Service Leave Act 1955 during an engagement period in which the employee was a registered worker under this Act.

(3) The Corporation must pay the employer the amount if the Corporation is satisfied the amount paid by the employer was properly paid by the employer under the Long Service Leave Act 1955.

(4) If the Corporation makes a payment under subsection (3), the Corporation must remove the employee’s credits for the engagement period from the workers register.

Part 10

Reciprocal arrangements

Part 10 Reciprocal arrangements

Definition

89 Definition

In this part—

reciprocal authority means an entity under a corresponding law that administers a scheme of long service benefits established by the corresponding law.

Reciprocal agreements for corresponding laws

90 Reciprocal agreements for corresponding laws

(1) The Minister administering this Act may enter into an agreement with a Minister of another State or Territory who administers a corresponding law in relation to payment of long service leave to people doing community service work.

(2) Without limiting subsection (1), the agreement may provide for the following—

(a) payments for, or instead of, long service leave,

(b) the exchange of information about service credits and entitlements to long service benefits between the Corporation and the reciprocal authority under the corresponding law,

(c) anything else in relation to long service benefits the Minister administering this Act considers appropriate.

Payment by Corporation on reciprocal authority’s behalf

91 Payment by Corporation on reciprocal authority’s behalf

(1) This section applies to a registered worker who has a long service leave entitlement under this Act and a corresponding law.

(2) The worker may apply to the Corporation for payment of a long service leave entitlement calculated in accordance with the corresponding law.

(3) The Corporation must pay the worker the amount of the entitlement calculated in the way stated in the corresponding law if the Corporation is authorised by the reciprocal authority to make the payment.

Payments by reciprocal authority on Corporation’s behalf

92 Payments by reciprocal authority on Corporation’s behalf

(1) This section applies if, under a corresponding law, a reciprocal authority pays to a person an amount that, but for the payment, would have been payable for a long service leave entitlement under this Act.

(2) If the Corporation is notified about the payment and is satisfied the payment was properly made, the Corporation must reimburse the reciprocal authority the amount calculated using the following formula—

where—

D means the number of days of recognised service to which the payment relates.

R is the amount decided by the reciprocal authority as the weekly amount payable to the person for the service credited to the person in this State.

(3) If the Corporation makes a reimbursement under subsection (2), the obligation of the Corporation to make the payment to the person for the entitlement is discharged.

Part 11

Enforcement

Part 11 Enforcement

Nature of proceedings for offences

93 Nature of proceedings for offences

(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.

(2) The provisions of the Industrial Relations Act 1996 relating to appeals from, and the stating of a case by, the Local Court to the Industrial Relations Commission in Court Session apply to proceedings before the Local Court for offences against this Act or the regulations.

(3) Proceedings for an offence against this Act or the regulations may be instituted within 6 years after the offence is alleged to have been committed.

Penalty notices

94 Penalty notices

(1) An inspector may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.

(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.

(3) The Fines Act 1996 applies to a penalty notice issued under this section.

Note—

The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to further proceedings for the alleged offence.

(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.

(5) This section does not limit the operation of another provision of, or made under, this or another Act relating to proceedings that may be taken in relation to offences.

Offences by corporations

95 Offences by corporations

(1) If a corporation contravenes a provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision as provided by subsection (1) whether or not the corporation has been proceeded against or convicted under the provision.

(3) This section does not affect the liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.

Recovery of charges by Corporation

96 Recovery of charges by Corporation

A charge, fee, levy or money due to the Corporation under this Act may be recovered by the Corporation as a debt in a court of competent jurisdiction.

Orders to make levy payments

97 Orders to make levy payments

If the Local Court convicts a person, or finds the person guilty, of an offence against section 10(2), the Local Court may, in addition to imposing a penalty on the person, order the person to pay the Corporation the amount that would have been payable by the person under section 42(1) if the person had complied with this Act.

Certificate as to payment of levies

98 Certificate as to payment of levies

(1) A certificate purportedly issued by the Secretary or a prescribed person certifying a matter specified in subsection (2) is—

(a) admissible in evidence in any proceedings, and

(b) evidence of the matters stated in the certificate.

(2) The following matters may be certified in a certificate issued under this section—

(a) a specified amount of long service leave levy was paid to the Corporation or an authorised agent of the Corporation on a specified date,

(b) a specified amount of long service leave levy was not paid to the Corporation during a specified period, or

(c) no amount of long service leave levy was payable to the Corporation.

(3) In this section—

prescribed person means a person holding or acting in an office or position prescribed by the regulations.

Authentication of certain documents by Corporation

99 Authentication of certain documents by Corporation

Every summons, process, demand, order, notice, statement, direction or document requiring authentication by the Corporation may be sufficiently authenticated without the seal of the Corporation if signed by the Secretary.

Part 12

Miscellaneous

Part 12 Miscellaneous

100

Applications and returns to Corporation must be in approved form

100 Applications and returns to Corporation must be in approved form

For this Act, an application or return to the Corporation must be made in the form approved by the Corporation.

101

Service of documents

101 Service of documents

(1) A document required or authorised by this Act or the regulations to be given to a person may be given by the following methods—

(a) for an individual—by personal delivery to the person,

(b) by post to the address specified by the person for the service of documents of the kind,

(c) for an individual who has not specified an address—by post to the residential or business address of the person last known to the person giving the document,

(d) for a corporation—by post to the registered office or other office of the corporation or by leaving the document at the office with a person who is apparently more than 16 years of age,

(e) by email to an email address specified by the person for the service of documents of the kind,

(f) by electronic communication to an address or location specified by the person for the service of documents of the kind,

(g) by another method authorised by the regulations for the service of documents of the kind.

(2) This section does not affect the operation of a provision of a law or of the rules of a court authorising a document to be given to or served on a person by another method.

102

Exchange of information

102 Exchange of information

(1) The Secretary may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information held by the Secretary or the relevant agency.

(2) The information to which an information sharing arrangement may relate is limited to information that assists in the exercise of the functions of—

(a) the Secretary under this Act or the regulations, or

(b) the relevant agency.

(3) Under an information sharing arrangement, the Secretary and the relevant agency are authorised to—

(a) request and receive information held by the other party to the arrangement, and

(b) disclose the information to the other party.

(4) In this section—

relevant agency includes the following—

(a) an agency of the State, the Commonwealth or another State or Territory, including an agency that exercises functions under legislation in relation to long service schemes or employers or employees in relation to long service leave,

(b) a local council,

(c) a person or body that exercises functions, in the public interest, to protect the interests of long service schemes, employers or employees,

(d) a person or body prescribed by the regulations.

103

False statements

103 False statements

A person must not make a statement, or record a matter, that the person knows to be false or misleading in a material particular in—

(a) an application, certificate, claim, appeal, return or record made, given or maintained under or for this Act or the regulations, or

(b) information given—

(i) in purported compliance with a requirement made of the person under this Act or the regulations, or

(ii) for the purposes of obtaining an exemption, concession, benefit or advantage under this Act or the regulations.

Maximum penalty—50 penalty units.

104

Disclosure of information

104 Disclosure of information

(1) A person must not disclose relevant information unless the disclosure is made—

(a) with the consent of the person from whom the relevant information was obtained, or

(b) in connection with the administration or execution of this Act or a related Act, or

(c) for the purposes of legal proceedings arising out of this Act or a related Act, or a report of the proceedings, or

(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or

(e) with other lawful excuse.

Maximum penalty—50 penalty units.

(2) The Corporation may disclose relevant information relating to an employer’s compliance with this Act to—

(a) a NSW Government agency, for the purposes of the exercise of the agency’s functions under an Act, and

(b) a Commonwealth Government agency, for the purposes of the exercise of the agency’s functions under a Commonwealth Act.

(3) In this section—

related Act means an Act, other than this Act, that confers or imposes functions on the Corporation.

relevant information means information obtained in connection with the administration or execution of this Act or a related Act.

105

Protection from personal liability

105 Protection from personal liability

(1) A protected person, or an individual acting under the direction of a protected person, is not personally subject to civil liability for anything done or omitted to be done—

(a) in good faith, and

(b) for the purposes of exercising functions under this Act or the regulations.

(2) The liability instead attaches to the Crown.

(3) In this section—

civil liability includes an action, claim or demand.

protected person means the following—

(a) a member of staff of the Corporation,

(b) a member of the Committee.

106

Regulations

106 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), regulations may be made in relation to fees payable under this Act and the refund, reduction or waiver of fees.

(3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.

107

Review of Act

107 Review of Act

(1) The Minister must review this Act to determine whether—

(a) the policy objectives of the Act remain valid, and

(b) the terms of the Act remain appropriate for securing the policy objectives.

(2) The review must be undertaken as soon as possible after a period of 8 years from the commencement of this Act.

(3) A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period of 8 years.

Schedule 1

Community services

Schedule 1 Community services

section 4(2)

Aboriginal and Torres Strait Islander community services

Accommodation support services

Alcohol and other drug services

Child safety and support services

Community advocacy services, including education and other services provided by peak bodies

Community development services

Community care services

Community legal services

Community mental health support services

Community recreation services

Community transport services

Community welfare services

Disability supports and services

Employment services

Family and domestic violence services

Family support services

Financial counselling services

Foster care services

Homelessness support services

Lesbian, gay, bisexual, transgender and intersex services

Migrant and multicultural support services

Neighbourhood and local community services

Out-of-home care services

Respite care services

Services provided by community services sector peak bodies

Settlement and refugee services

Sexual assault services

Social housing services

Social work

Women’s health support services

Youth justice services

Youth support services

sch 1: Am 2025 (160), Sch 2.

Schedule 2

Members and procedure of Committee

Schedule 2 Members and procedure of Committee

section 8

Schedule 3

Dictionary

Schedule 3 Dictionary

section 3

appointed member, for Schedule 2—see Schedule 2, section 1.

Committee means the Community Services Sector Long Service Leave Committee constituted by section 8.

community service—see section 4(2).

community service work—see section 4(1).

contractor means a worker specified in section 5(1)(b).

Corporation means the Long Service Corporation constituted under the Long Service Corporation Act 2010.

corresponding law means a law of another State or Territory that—

(a) makes provision in relation to long service leave, and

(b) is declared by the regulations to be a corresponding law.

day, in relation to a worker, means 24 hours or another period prescribed by the regulations.

employee means a worker specified in section 5(1)(a).

employer—see section 6.

employers register means the register of employers kept by the Corporation under section 9.

engagement period—see section 28.

financial year means a year ending on 30 June.

foundation worker—see section 15.

inspector means a person authorised as an inspector by the Corporation under section 75.

long service leave levy means the long service leave levy payable by an employer or contractor under section 42.

member, for Schedule 2—see Schedule 2, section 1.

ordinary remuneration, for a person, means the amount paid or payable to the person for community service work, other than amounts for the following—

(a) overtime,

(b) expenses incurred by the person,

(c) the use of materials, equipment or a motor vehicle provided by the person.

personal representative, of a deceased person, means, other than in section 64—

(a) for a person who died wholly or partially intestate—a person who appears to the Corporation to be entitled to obtain a grant of letters of administration of the estate of the person, and

(b) for a person who died testate—a person who appears to the Corporation to be entitled to receive the relevant payment under the will of the person.

premises, for Part 8—see section 74.

reciprocal authority, for Part 10—see section 89.

recognised service, for a registered worker, means the total number of days of service credited to the worker in the workers register.

registered employer means an employer who is registered under Part 2, Division 1.

registered worker means a worker who is registered under Part 2, Division 2.

relevant arrangement, for Part 9—see section 85.

return period means—

(a) a 3-month period, ending at the end of 31 March, 30 June, 30 September or 31 December in a year, during which a worker does community service work, or

(b) another period prescribed by the regulations.

Secretary means the Secretary of the Department in which this Act is administered.

service, for a registered worker, means community service work done by the registered worker.

worker—see section 5.

Note—

A worker is an employee or contractor.

workers register means the register of workers kept by the Corporation under section 13.

worker’s registration day—see section 16.

Schedule 4

Schedule 4 (Repealed)

sch 4: Am 1987 No 15, sec 30C.

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.