Community Services Sector (Portable Long Service Leave) Act 2024
19Cancellation of worker’s registration
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19 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if an appeal under section 68 is made against the cancellation within that period—on the date on which the appeal is withdrawn or the cancellation is confirmed.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.