28Cancellation of worker’s registration

28 Cancellation of worker’s registration

28 Cancellation of worker’s registration

(1) The Corporation may at any time cancel the registration of a worker if it is satisfied that the person concerned is not a worker and that the person’s application to become a registered worker should have been refused.

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

(3) For the purposes of subsection (2), any day prescribed by the regulations as a non-service day is to be treated as a day’s service.

(4) The Corporation must also cancel the registration of a worker—

(a) on the making of any payment in accordance with section 63 (Entitlement to pro rata payment instead of leave in limited circumstances) in respect of the worker, or

(b) at the request of the worker.

(5) The cancellation of the registration of a registered worker under subsection (1) takes effect—

(a) on the expiration of the period of 42 days after the Corporation notifies the registered worker of the cancellation, or

(b) if an appeal under section 80 is lodged against the cancellation within that period—on the date the appeal is withdrawn or the cancellation is confirmed.

(6) If the registration of a person as a worker is cancelled under subsection (1) or (2)—

(a) the person stops 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 entered in the register before the day the person stopped being a registered worker.

(7) However, subsection (6) (b) does not apply if the person would, but for the person’s ceasing to be registered, have been entitled to payment for a period under section 63 (Entitlement to pro rata payment instead of leave in limited circumstances).

(8) Regulations may be made for or with respect to the refund of levies on cancellation of the registration of a worker.

Note.