(1) A service period for a person who is a registered active worker for the community services sector is a continuous period—
(a) beginning on the later of—
(i) the day when the person becomes a worker for the sector; and
(ii) the day on which this Schedule comes into operation; and
(b) ending on the day when the person stops being a worker for the sector.
(2) For the purposes of subclause (1)(b), a person stops being an employee for an employer for the sector at the end of a quarter if—
(a) for an employee who was an employee of only one employer for the sector in the quarter—the employer's quarterly return for the following quarter shows no ordinary pay for the employee; or
(b) for an employee who was an employee of 2 or more employers for the sector in the quarter—none of the employers' quarterly returns for the following quarter shows ordinary pay for the employee.
(3) Despite subclause (1), a registered active worker's service period is not taken to end if a person stops being a worker—
(a) because of incapacity for an injury for which the worker is entitled to compensation under the Workplace Injury Rehabilitation and Compensation Act 2013; or
(b) because the worker has been dismissed by an employer to ensure that the worker is not entitled to long service benefits while in the employer's employment.
Part 4 contains ancillary provisions for working out the service period for a worker for the community services sector. Clause 14 sets out situations in which a period of absence is taken to be a day of service for crediting service.
8 Entitlement to long service benefit payment
(1) At any time after completing 7 years of recognised service, a registered active worker for the community services sector is entitled to payment of a long service benefit equal to 1/60th of the worker's total period of recognised service less any long service benefit paid during that period.
(2) The amount of the benefit is to be calculated on the basis of the worker's ordinary pay at the time the application for payment is made.
(3) The regulations may prescribe the method by which the amount of the benefit is to be determined.
9 What is *ordinary pay*?
(1) Subject to this clause, the ordinary pay of a registered active worker for the community services sector is the salary or wages paid or payable to the worker for work performed in the sector.
Section 7 - Long Service Benefits Portability Act 2018 - What is a *service period*? | Zoe
(2) A worker's ordinary pay includes compensation payments under the Workplace Injury Rehabilitation and Compensation Act 2013 or any other payments in the nature of compensation for injury suffered in relation to work.
(b) allowances paid to the worker, including shift allowances and allowances for travel, meals or protective clothing; or
10 Determination and payment of long service benefit
(1) A registered active worker for the community services sector may apply to the Authority, in the approved form, for—
(a) a determination as to whether the worker is entitled to a long service benefit under clause 8; and
(b) if the worker is so entitled—payment of the benefit.
(2) Within 21 days after the date of the application, the Authority must—
(a) determine whether the worker is entitled to a long service benefit under clause 8; and
(b) notify the worker in writing of the determination; and
(c) if the worker is entitled to a benefit—pay the benefit to the worker.
11 Entitlement to payment of benefit on leaving the community services sector or death
(1) This clause applies if a registered active worker for the community services sector who is entitled to long service benefits permanently leaves the sector or dies before being paid all the long service benefits to which the worker is entitled.
(2) On application by the worker or, in the case of death, by the worker's personal representative, the Authority must pay the worker or representative an amount in respect of the long service benefits to which the worker is entitled as at the date of leaving the sector or death, calculated in accordance with the regulations.
12 Payment by Authority on reciprocal authority's behalf
(1) This clause applies to a registered active worker for the community services sector who has an entitlement to long service benefits under this Act and a corresponding law.
(2) The worker may apply to the Authority for payment of a long service leave benefit entitlement worked out in accordance with the corresponding law.
(3) The Authority must pay the worker the amount of the entitlement worked out in the way stated in the corresponding law if the Authority is authorised by the reciprocal authority to make the payment.
13 Payment by reciprocal authority on Authority's behalf
(1) This clause 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 an entitlement to long service benefits under this Act for work performed in the community services sector.
(2) If the Authority is notified about the payment and is satisfied that the payment was properly made, the Authority must reimburse the reciprocal authority the amount paid.
(3) If the Authority makes a reimbursement under subclause (2), the obligation of the Authority to make the payment to the person for the entitlement is discharged.
14 Periods of absence from work taken to be days of service for crediting service
(1) The following periods of absence from work are taken to be days of service for the purpose of crediting the days of service of a worker for the community services sector—
(i) the period of absence is taken to be a period of employment in accordance with the relevant employment agreement; or
(ii) the employer and the worker agreed in writing before the leave was taken that the period is taken to be a period of employment; or
(iii) the leave is taken on account of illness or injury or is any other form of leave provided for under the relevant employment agreement;
(i) an interruption to, or termination of, employment caused by the employer with the intention of avoiding an obligation in relation to long service benefits; or
(ii) the transfer of assets from one employer to another if the worker usually performs duties which are connected with those assets;
(2) Any periods of absence from work other than a period referred to in subclause (1) are taken not to be days of service for the purpose of crediting the days of service of a worker for the community services sector.