Long Service Leave (Portable Schemes) Act 2009

26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 What is a covered industry? 4 7 Who is an employer? 4 8 Who is a worker? 6 9 Who is an employee? 6 10 Who is a voluntary member? 7 11 What is work? 8

Page contents 2 Long Service Leave (Portable Schemes) Act 2009 12 Declarations by Minister—additional coverage of Act 9 13 Declarations by Minister—limitation to coverage of Act 10 14 Meaning of day 10 15 Meaning of registration day 11 15A Entitlement to long service leave 11 30 Employers registration 13 31 Application for registration by employers 13 32 Dealing with applications for registration as employer 14 34 Registration as employer 14 35 Certificate of registration for employers 14 36 Registered employer to notify change of details 15 37 Appeals against refusal to register as employer 15 38 Order to apply for registration 16 39 Workers register 17 40 Applications for registration by workers 17 41 Application by employers for registration of employee 17 42 Dealing with applications for registration as worker 18 43 Notice of registrar decisions 18 44 Registrar may register employee without application 19 45 Appeals against refusal to register as worker 19 46 Registration as worker 20 47 Service credit—employee’s prior service 20 47A Service credit—unreported service 21 48 Service credit—voluntary member’s prior service 22 48A Meaning of quarter 24 49 Quarterly returns by employers 24 49A Late fee—quarterly return 25 50 Levy payments by employers 26 51 Determination of levy—employers 26

Page contents 3 52 Interest payable on levy payment 27 53 Interest rate 28 54 Quarterly returns by voluntary members 28 55 Levy payments by voluntary members 29 56 Determination of levy—voluntary members 29 56A Minor changes to levy—employers and voluntary members 30 57 Employers to keep records 31 58 Registered voluntary members to keep records 31 Part 5A Liability of company directors to pay levy 58A Application—pt 5A 33 58B Liability of directors to pay levy 34 59 Particulars to be entered in workers register 35 60 Review of ordinary remuneration by governing board 35 61 Notice of governing board decisions on review of ordinary remuneration 36 62 Effect of variation of ordinary remuneration 37 63 Variation of ordinary remuneration—payment of additional amounts 38 64 Service credit—registered worker’s service 39 65 Removing people from workers register 39 66 Re-registration in workers register 40 Part 7 Access to long service leave register information 67 Information for registered workers 42 68 Information for employers 42 69 Certified copies of long service leave registers 43 70 Definitions—pt 8 44 71 Appointment of inspectors 44 72 Identity cards 44 73 Power to enter premises 45 74 Production of identity card 46

Page contents 4 Long Service Leave (Portable Schemes) Act 2009 75 Consent to entry 46 76 Power to obtain, inspect and copy records 47 76A Abrogation of privilege against self-incrimination 48 76B Warning to be given 49 77 Damage etc to be minimised 49 78 Compensation for exercise of enforcement powers 50 79 Enforcement of obligations 50 79A Establishment of authority 52 79B Authority not territory instrumentality etc 52 79C Functions of authority 52 79D Delegation by authority 53 79E Establishment of governing board 53 79F Governing board members 53 79G Deputy chair 54 79H Deputy registrar 55 79I Functions of governing board 55 79J Meaning of staff of the authority—pt 8A 56 79JA Employment of staff 56 79JB Consultants 56 79JC Delegation by registrar 56 79JD Other arrangements for staff and facilities 57 79K Money of authority 57 79L Application of authority money 57 79M Authority money—separate funds for covered industries 58 79N 3-yearly investigation by actuary 58 Part 9 Notification and review of decisions 80 Definitions—pt 9 59 80A Internal review of certain decisions 59

Page contents 5 80B Applications for internal review 59 80C Internal review 60 81 Reviewable decision notices 60 82 Review of decisions by ACAT 60 83 Evidentiary certificates 61 84 Disclosure of information to territory entities and reciprocal authorities 61 86 No contracting out 62 88 Benefits under other laws—election 62 89 Benefits under other laws—reimbursement of employer 63 89A Authority reimbursement of certain payments 64 90 Reciprocal agreements for corresponding laws 64 91 Determination of fees 65 93 Regulation-making power 65 97A Transitional—entitlement to payment instead of leave 65 97B Transitional—entitlement to payment instead of leave for person who became registered worker on or after 1 July 2012 66 Part 12 Transitional—contract cleaning industry 110 Definitions—pt 12 67 111 Registered employers and workers 67 112 Applications for registration 67 113 Service credit 68 114 Transitional regulations 68 115 Expiry—pt 12 69 Schedule 1 Long service leave payments—building and construction industry 70 1.1 What is the building and construction industry? 70 1.2 What is building and construction work? 72 1.3 Recognised service—building and construction industry 72 1.4 Service credit—building and construction industry—s 64 73 1.4A Service period—building and construction industry 73 1.5 Long service leave formula—building and construction industry 74

Page contents 6 Long Service Leave (Portable Schemes) Act 2009 1.6 Amount of leave—building and construction industry 75 1.7 Grant of leave by employers—building and construction industry 75 1.8 Entitlement to payment instead of leave—building and construction industry 76 1.9 Payment for leave—building and construction industry 77 1.10 Payment instead of leave—building and construction industry 78 1.11 How are leave payments worked out for the building and construction industry? 79 1.12 Leave payments for service as registered employee—building and construction industry 80 1.13 Leave payments for service as registered voluntary member—building and construction industry 82 1.14 Payment by authority on reciprocal authority’s behalf—building and construction industry 83 1.15 Payments by reciprocal authority on authority’s behalf—building and construction industry 83 1.17 Records of payments and service—building and construction industry 84 1.18 Public holidays not to count as leave—building and construction industry 85

Schedule 2 Long service leave payments—services industry 86 2.1 What is the services industry? 86 2.2 What is services work? 87 2.3 Recognised service—services industry 88 2.4 Service credit—services industry—s 64 89 2.4A Service period—services industry 89 2.5 Long service leave formula—services industry 90 2.6 Amount of leave—services industry 90 2.7 Grant of leave by employers—services industry 91 2.8 Entitlement to payment instead of leave—services industry 92 2.9 Payments for leave—services industry 93 2.10 Payments instead of leave—services industry 94 2.11 How are leave payments worked out for the services industry? 95 2.12 Leave payments for service as registered employee—services industry 96

Page contents 7 2.13 Leave payments for service as registered voluntary member—services industry 97 2.14 Payments by authority on reciprocal authority’s behalf—services industry 98 2.15 Payments by reciprocal authority on authority’s behalf—services industry 99 2.17 Records of payments and service—services industry 99 2.18 Public holidays not to count as leave—services industry 100

Schedule 3 Long service leave payments—community sector industry 101 3.1 What is the community sector industry? 101 3.2 What is community sector work? 102 3.3 Recognised service—community sector industry 102 3.4 Court or tribunal—not employer 103 3.5 Service credit—community sector industry—s 64 103 3.5A Service period—community sector industry 104 3.6 Long service leave formula—community sector industry 105 3.7 Amount of leave—community sector industry 105 3.8 Grant of leave by employers—community sector industry 105 3.9 Entitlement to payment instead of leave—community sector industry 107 3.10 Payments for leave—community sector industry 108 3.11 Payments instead of leave—community sector industry 108 3.12 How are leave payments worked out for the community sector industry? 109 3.13 Leave payments for service as registered employee—community sector industry 110 3.14 Leave payments for service as registered voluntary member— community sector industry 112 3.15 Payments by authority on reciprocal authority’s behalf—community sector industry 113 3.16 Payments by reciprocal authority on authority’s behalf—community sector industry 113 3.18 Records of payments and service—community sector industry 114 3.19 Public holidays etc not to count as leave—community sector industry 114

Page contents 8 Long Service Leave (Portable Schemes) Act 2009

Schedule 4 Long service leave payments—security industry 116 4.1 What is the security industry? 116 4.2 What is security work? 116 4.3 Recognised service—security industry 117 4.4 Court or tribunal—not employer 117 4.5 Service credit—security industry—s 64 117 4.5A Service period—security industry 118 4.6 Long service leave formula—security industry 119 4.7 Amount of leave—security industry 119 4.8 Grant of leave by employers—security industry 120 4.9 Entitlement to payment instead of leave—security industry 121 4.10 Payments for leave—security industry 122 4.11 Payment instead of leave—security industry 123 4.12 How are leave payments worked out for the security industry? 123 4.13 Leave payments for service as registered employee—security industry 125 4.14 Leave payments for service as registered voluntary member—security industry 126 4.15 Payments by authority on reciprocal authority’s behalf—security industry 127 4.16 Payments by reciprocal authority on authority’s behalf—security industry 127 4.18 Records of payments and service—security industry 128 4.19 Public holidays not to count as leave—security industry 129 Schedule 5 Reviewable decisions 130 Dictionary 134 1 About the endnotes 139 2 Abbreviation key 139 3 Legislation history 140

Page contents 9 4 Amendment history 144 5 Earlier republications 161 6 Expired transitional or validating provisions 164

An Act to provide for the portability of long service entitlements in certain industries, and for other purposes

1 Name of Act This Act is the Long Service Leave (Portable Schemes) Act 2009.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘reviewable decision, for part 9 (Notification and review of decisions)—see section 80.’ means that the term ‘reviewable decision’ is defined in that section for part 9. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 What is a covered industry? Each of the following is a covered industry: (a) the building and construction industry; (b) the services industry; (c) the community sector industry; (d) the security industry. Note 1 Building and construction industry—see sch 1, s 1.1. Note 2 Services industry—see sch 2, s 2.1. Note 3 Community sector industry—see sch 3, s 3.1. Note 4 Security industry—see sch 4, s 4.1.

7 Who is an employer? (1) A person is an employer, for a covered industry, if the person— (a) either— (i) for the hairdressing and beauty services industry or the accommodation and food services industry—conducts business in the ACT for the predominant purpose of engaging in the industry; or (ii) for any other industry—engages, in any way and to any extent, in the industry in the ACT; and (b) either— (i) employs someone else (whether in the ACT or elsewhere) to carry out work of the kind usually done in the industry; or

(ii) is declared to be an employer for the industry under section 12 (Declarations by Minister—additional coverage of Act). Note An employer for a covered industry must apply for registration under s 31. (2) Also, a person is an employer for a covered industry if— (a) the person employs or engages someone else (a worker) to carry out work in the industry for another person engaged in the industry in the ACT for a fee or reward; and (b) there is no contract to carry out the work between the worker and the person for whom the work is carried out. Note This section does not make an employment agent the employer of those for whom the agency finds work if the workers are engaged directly by the person for whom the work is to be carried out. (3) However, the following are not employers: (a) the Territory; (b) the Commonwealth; (c) the Australian National University; (d) the University of Canberra; (e) for a stated covered industry—an entity prescribed in the covered industry schedule for the covered industry; (f) a person declared not to be an employer for the industry under section 13;

(g) a person prescribed by regulation. Note 1 Covered industry schedule—see the dictionary. Note 2 Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

8 Who is a worker? Each of the following is a worker for a covered industry: (a) an employee for the industry; (b) a voluntary member for the industry. Note 1 An individual may be declared by the Minister to be an employee or a voluntary member for a covered industry (see s 12). Note 2 An individual may be declared by the Minister not to be an employee or a voluntary member for a covered industry (see s 13).

9 Who is an employee? (1) An individual is an employee for a covered industry if the individual— (a) is— (i) employed by an employer for the industry (whether in the ACT or elsewhere); or (ii) declared to be an employee for the industry under section 12; and (b) is not declared not to be an employee for the industry under section 13. employed includes employed as— (a) a full-time employee; or

(b) a part-time employee; or (c) a casual employee; or (d) a person remunerated at piecework rates or completely or partly by commission; or (e) an apprentice. Note For this Act, an individual declared to be an employee of a stated employer is taken to be employed by the employer (see s 12 (5)).

10 Who is a voluntary member? (1) An individual is a voluntary member for a covered industry if— (a) the individual is— (i) a contractor; or (ii) a working director; or (iii) declared to be a voluntary member for the industry under section 12; and (b) the individual is not declared not to be a voluntary member for the industry under section 13. contractor means an individual (other than an employee) who carries out work in the industry for another person for fee or reward on the individual’s own account. working director means a person who is both a director and an employee of a company.

11 What is work? work, in a covered industry— (a) means one of the following: (i) building and construction work; (ii) services work; (iii) community sector work; (iv) security work; (v) work, or an activity, declared to be work under section 12; but Note 1 Building and construction work—see sch 1, s 1.2. Note 2 Services work—see sch 2, s 2.2. Note 3 Community sector work—see sch 3, s 3.2. Note 4 Security work—see sch 4, s 4.2. (b) includes work in a covered industry carried out outside the ACT only if— (i) if the work is carried out by an employee—the employer— (A) gives the authority a quarterly return under section 49 in relation to the work; and (B) pays the authority the levy payable by the employer under section 50 for the quarter; and (ii) if the work is carried out by a voluntary member—the voluntary member— (A) gives the authority a quarterly return under section 54 in relation to the work; and

(B) pays the authority the levy payable by the voluntary member under section 55 for the quarter; and (c) does not include work or an activity declared not to be work for the industry under section 13.

12 Declarations by Minister—additional coverage of Act (1) This section applies if the Minister is satisfied on reasonable grounds that the Act should apply to a person or work or an activity to which the Act does not apply. (2) The Minister may declare, for this Act— (a) a person to be an employer for a covered industry; or (b) a person to be an employee, or an employee of a stated employer, for a covered industry; or (c) a person to be a voluntary member for a covered industry; or (d) work, or an activity, to be work in a covered industry. (3) However, the Minister may only make a declaration that is consistent with the objects of the Act. (4) A declaration must state the following: (a) the person or work to which the declaration applies; (b) any conditions of the declaration. Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (5) A person declared to be an employee of a stated employer is taken to be employed by the employer. (6) A declaration is a disallowable instrument.

13 Declarations by Minister—limitation to coverage of Act (1) This section applies if the Minister is satisfied on reasonable grounds that the Act should not apply to a person or work or an activity to which the Act applies. (2) The Minister may declare, for this Act— (a) a person not to be an employer for a covered industry; or (b) a person not to be an employee, or an employee of a stated employer, for a covered industry; or (c) a person not to be a voluntary member for a covered industry; or (d) work, or an activity, not to be work in a covered industry. (3) However, the Minister may only make a declaration that is consistent with the objects of the Act. (4) A declaration must state the following: (a) the person or work to which the declaration applies; (b) the period of the declaration; (c) any conditions of the declaration. Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (5) A declaration is a disallowable instrument.

14 Meaning of day day— (a) in relation to a worker covered by an award or agreement—has the same meaning as in the award or agreement; or

(b) in relation to a worker to whom a declaration under subsection (2) applies—means the period stated in the declaration; or (c) in any other case—means 24 hours. (2) For this Act, the Minister may declare a stated period to be a day for a worker unless the work is covered by an award. (3) A declaration is a notifiable instrument.

15 Meaning of registration day registration day— (a) for a worker who applies to be registered under section 40— means the day the application for registration as a worker for a covered industry was received by the registrar; and (b) for a worker who the registrar registers under section 44— means the day the worker’s name is entered in the workers register; and (c) for a person for whom a direction is made under section 45 (3) (b)—means the day the direction is given; and (d) for an employer who is registered—means the day the application for registration as an employer for a covered industry was received by the registrar.

15A Entitlement to long service leave A worker in a covered industry is entitled to long service leave payments in accordance with a covered industry schedule if the worker— (a) is employed or engaged by a registered employer for the covered Note For the registration of employers see div 4.1.

(b) is a registered worker for the covered industry. Note For the registration of workers see div 4.2.

Registration of employers Division 4.1

30 Employers registration (1) The authority must keep a register of registered employers for each covered industry (an employers register). (2) The register may be kept in any form, including electronically, that the authority decides. (3) The registrar may correct a mistake, error or omission in the employers register. (4) The registrar may change a detail included in the register to keep the register up-to-date.

31 Application for registration by employers (1) An employer for a covered industry must apply to the registrar for registration on the employers register not later than— (a) 1 month after becoming an employer for the industry; or Note 1 Under this part, applications may be made, and notice may be given, electronically in certain circumstances (see Electronic Transactions Act 2001). Note 2 The registrar may extend the time for registration on application by the employer before or after the period in s (1) (a) ends (see Legislation Act, s 151C).

32 Dealing with applications for registration as employer (1) This section applies if a person applies to the registrar under section 31 for registration as an employer for a covered industry. (2) The registrar must— (a) register the person as an employer for the industry if satisfied the person is an employer for the industry; or (b) in any other case—refuse to register the person as an employer

34 Registration as employer A person is registered as an employer for a covered industry when the registrar enters the following particulars in the employers register for the industry: (a) the person’s name and address; (b) the person’s trading name (if any); (c) the person’s ABN (if any); (d) the address of the person’s principal place of business; (e) if the person is a corporation—the corporation’s ACN; (f) the person’s registration day as an employer; (g) any other relevant particulars the governing board reasonably Note Registration day—see s 15.

35 Certificate of registration for employers (1) The registrar must give a person registered as an employer for a covered industry a certificate of registration that includes— (a) the registration particulars mentioned in section 34; and

Registration of employers Division 4.1 (b) the person’s registration day. Note 1 The certificate must be given to the employer as soon as possible after the employer is registered (see Legislation Act, s 151B). Note 2 Registration day—see s 15. (2) If satisfied that an employer’s certificate of registration has been stolen, lost or destroyed, the registrar must give the employer a replacement certificate of registration. (3) An employer’s certificate of registration is evidence of the matters stated in the certificate.

36 Registered employer to notify change of details (1) If the details shown on a registered employer’s certificate of registration change, the employer must, not later than 7 days after the day the change happens— (a) tell the registrar, in writing, of the change; and (b) return the certificate to the registrar. Maximum penalty: 5 penalty units. (3) The registrar must give the employer an amended certificate of registration.

37 Appeals against refusal to register as employer (1) This section applies if the registrar refuses to register a person as an employer under section 32 (Dealing with applications for registration as employer). (2) The applicant for registration may apply to the governing board for review of the registrar’s decision.

(3) The application must be in writing and be made not later than 2 months after the day notice of the decision is received by the applicant. (4) If an application is made under subsection (2), the governing board must— (a) if satisfied that the person to whom the application relates is an employer for a covered industry—direct the registrar to register the person as an employer for the covered industry; or (b) in any other case—confirm the registrar’s decision to refuse registration. (5) The governing board must give the applicant written notice of the decision not later than 7 days after the day the decision is made.

38 Order to apply for registration (1) If a court convicts a person, or finds the person guilty, of an offence against section 31 (Application for registration by employers), the court may, in addition to imposing a penalty on the person, order the person to— (a) apply to the registrar for registration as an employer for a covered industry within a stated time; and (b) pay the governing board the amount that would have been payable by the person under section 50 (Levy payments by employers) or section 55 (Levy payments by voluntary members) if the person had complied with this Act since becoming an employer. (2) A person who contravenes an order under subsection (1) commits an offence. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

39 Workers register (1) The authority must keep a register of registered workers for each covered industry (a workers register). (2) The register may be kept in any form, including electronically, that the authority decides. (3) The registrar may correct a mistake, error or omission in the workers register. (4) The registrar may change a detail included in the register to keep the register up-to-date.

40 Applications for registration by workers A person may apply to the registrar for registration as a worker for a

41 Application by employers for registration of employee (1) This section applies if a person— (a) is an employee of an employer for a covered industry; and (b) is not registered under this Act; and (c) does not apply for registration under section 40 before the end of 3 months after the day the person starts to work for the (2) The employer must register the employee at the time the employer next submits a quarterly return under section 49 (Quarterly returns by employers).

42 Dealing with applications for registration as worker (a) a person applies under section 40 for registration as a worker for a covered industry; or (b) an employer applies under section 41 for the registration of a person as a worker for a covered industry. (2) The registrar must— (a) if satisfied that the person is a worker for the covered industry— register the person as a worker for the industry; or (b) in any other case—refuse to register the person as a worker for the industry.

43 Notice of registrar decisions (1) The registrar must, not later than 7 days after making a decision under section 42, give written notice of the decision to— (a) the applicant for registration; and (b) for an employer application—the person in relation to whom the (2) If the registrar’s decision is to register the person as a worker for a covered industry, the notice must state the person’s registration day. (3) If the registrar’s decision is to refuse to register the person as a worker, the notice must include— (a) an explanation for the decision; and (b) a statement of the effect of section 45.

44 Registrar may register employee without application The registrar may register a person as a worker if— (a) the person is not registered as a worker; and (b) the registrar— (i) becomes aware of information (other than because of an application under section 40) indicating that the person is, or was, a worker for a covered industry; and (ii) is satisfied that the person should be registered as a worker a return under s 49 shows the person as an employee for a covered industry Note The registration day for a worker registered under this section is the day the person’s name is entered on the workers register (see s 15).

45 Appeals against refusal to register as worker (1) This section applies if the registrar refuses to register a person as a worker for a covered industry under section 42 (Dealing with applications for registration as worker). (2) The following people may apply to the governing board for review of the registrar’s decision: (a) the applicant for registration; (b) for an employer application—the person in relation to whom the (3) If an application is made under subsection (2), the governing board must— (a) confirm the registrar’s decision to refuse registration; or (b) direct the registrar to register the person as a worker.

(4) The governing board must give the person written notice of the decision not later than 7 days after the day the decision is made.

46 Registration as worker (1) A person is registered as a worker for a covered industry when the registrar enters the following particulars in the workers register for the industry: (a) the person’s name, address and date of birth; (b) the name and address of the principal place of business of the person’s employer (if any); (c) the person’s registration day as a worker; (d) any other relevant particulars the governing board reasonably (2) However, a person is taken to become a registered worker on the person’s registration day as a worker. Note Registration day—see s 15.

47 Service credit—employee’s prior service (1) This section applies in relation to an employee’s service in a covered industry for work done in the industry before the employee became a registered worker for the industry. (2) The registrar may credit the employee with 1 day of service in the workers register for the covered industry for each day of the service if the employee’s employer has, in relation to the employee for the day, given the authority— (a) a return under section 49 (Quarterly returns by employers) that includes the employee; and (b) payment of the levy under section 50 (Levy payments by employers) for the return.

(3) If subsection (2) does not apply, the registrar may credit the employee with 1 day of service in the workers register for the covered industry for each day of the employee’s service in the covered industry, up to a maximum of 1 year, before the employee’s registration if the registrar is satisfied that the person was employed in the covered The registrar is satisfied that Joe, before his registration day, had separate periods of service as an employee in the services industry of 25 and 125 days. The registrar may credit Joe in the workers register for the services industry with 150 days (being less than 1 year) of service. (4) To remove any doubt, an employee is not entitled to credit for service in a covered industry in relation to work done before the industry became a covered industry.

47A Service credit—unreported service (1) This section applies in relation to an employee’s service in a covered industry for work in the industry if— (a) the employee is a registered worker in a covered industry; and (b) the employee’s employer has failed to give the authority a return (a quarterly return) under section 49; and (c) the employee’s employer ceases to trade in the ACT. (2) The registrar may credit the employee with 1 day of service in the workers register for the covered industry for each day of the employee’s service in the covered industry, up to a maximum of 1 year, if the registrar is satisfied that— (a) the employee was employed in the covered industry; and

(b) a quarterly return has not been given to the authority in relation to the employee’s day of service. Belinda worked in the security industry for Moonlight Security Pty Ltd for 30 days in the quarter before the company ceased trading and went into liquidation without giving a return to the authority for the period Belinda worked. She then started work in the same covered industry for Bob the Bouncer for 45 days. Bob the Bouncer also failed to give a return in relation to Belinda’s employment, but continues to operate in the industry. The registrar is satisfied that Belinda works as an employee in the security industry, and that quarterly returns have not been given to the authority in relation to Belinda’s employment with either employer. The registrar may credit Belinda in the workers register for the security industry with 75 days (being less than 1 year) of service.

48 Service credit—voluntary member’s prior service (1) This section applies in relation to a voluntary member’s service in a covered industry for work done in the industry not earlier than 1 year before the voluntary member became a registered voluntary member (2) The registrar may credit the voluntary member with 1 day of service in the workers register for the covered industry for each day worked— (a) either— (i) for which the voluntary member gives the board a record of the particulars mentioned in section 58 (1) (Registered voluntary members to keep records) for the voluntary member’s service; or (ii) if the registrar is satisfied the voluntary member worked in the covered industry; and (b) for which the voluntary member has paid the authority the levy determined under section 56 (Determination of levy—voluntary members).

(3) To remove any doubt, a voluntary member is not entitled to credit for service in a covered industry in relation to work done before the industry became a covered industry.

48A Meaning of quarter In this Act— quarter means— (a) if, for a particular employer, a period is agreed between the registrar and the employer—the period; or (b) in any other case—a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.

49 Quarterly returns by employers (1) A person who is an employer for a covered industry during a quarter must give the authority a return (a quarterly return) containing the required information for the quarter. Note A late fee is payable if a quarterly return is not given to the authority within the later of 1 month after the end of the quarter and any additional time allowed by the registrar (see s 49A). (2) A person commits an offence if the person— (a) is required to give the authority a quarterly return for a quarter; and (b) fails to give the quarterly return to the authority within the later of— (i) 3 months after the end of the quarter; and (ii) any additional time the registrar allows.

(3) This section does not apply in relation to an employee who carried out work for the employer for less than 5 days during the quarter. Note The defendant has an evidential burden in relation to a matter mentioned in s (3) (see Criminal Code, s 58). (5) The registrar may allow additional time under subsection (2) (b) (ii) before or after the end of the 3-month period mentioned in subsection (2) (b) (i). (6) In this section: required information, for an employer for a quarter, means— (a) the name of each of the employer’s employees who carried out work for the employer during the quarter; and (b) for each of the employer’s employees— (i) the total ordinary remuneration paid or payable by the employer to the employee for work done during the quarter; and (ii) the number of days, or part days, during the quarter to which the remuneration relates; and

49A Late fee—quarterly return (1) This section applies if an employer for a covered industry fails to give the authority a quarterly return mentioned in section 49 (1) within the later of— (a) 1 month after the end of the quarter; and (b) any additional time the registrar allows.

(2) The employer is liable to pay to the authority a late fee of $200 for each month or part of a month, up to a maximum of $400, that the employer fails to give the authority the quarterly return after the later of the periods stated in subsection (1). (3) However, the registrar may waive all or part of a late fee if satisfied that the circumstances for the failure— (a) were not caused by the employer; or (b) make it unfair or unreasonable to charge the late fee.

50 Levy payments by employers (1) A person who is an employer for a covered industry during a quarter must, when the person gives the authority a return under section 49, pay the authority the levy payable under section 51 for the quarter.

51 Determination of levy—employers (1) Levy is payable by employers for a covered industry on the ordinary remuneration paid or payable by employers to employees. (2) The Minister may determine the levy payable by employers for a Note 1 Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48). Note 2 The governing board may determine minor changes to the levy payable (see s 56A). (3) The governing board must, from time to time, recommend in writing to the Minister the levy that should be payable by employers for a

(4) Before making a determination, the Minister must have regard to any recommendation made under subsection (3), but need not follow it. (5) A determination is a disallowable instrument. (6) For this section: employee does not include an apprentice.

52 Interest payable on levy payment (1) This section applies if an employer for a covered industry fails to pay the authority the levy payable under section 50, in relation to a return for a quarter at the time the return is required to be given to the authority under section 49 (1). (2) The employer is liable to pay to the authority interest on the amount of the levy unpaid, worked out daily from the end of the last day for payment until the day it is paid at the interest rate from time to time worked out under section 53. (3) However, the registrar may waive all or part of the interest if satisfied that the circumstances for the failure— (a) were not caused by the employer; or (b) make it unfair or unreasonable to charge the premium rate component. (4) If a court finds a person guilty of an offence under section 50, whether or not it convicts the person, the court may, whether or not it imposes a penalty on the person, order the person to pay the authority— (a) the levy to which the prosecution relates; and (b) the interest accrued on the amount of the levy unpaid.

53 Interest rate (1) The interest rate is the sum of— (a) the discount rate component; and (b) the premium rate component. (2) The Minister must, after consultation with the governing board, make guidelines for determining the interest rate components mentioned in subsection (1). (3) A guideline is a disallowable instrument. (4) The governing board must— (a) in accordance with the guidelines, determine the interest rate; and (b) tell the Minister, in writing, about the determination. (5) A determination is a notifiable instrument.

54 Quarterly returns by voluntary members (1) A person who is a registered voluntary member for a covered industry during a quarter must give the authority a return containing the required information not later than— (a) 1 month after the end of the quarter; or (2) The registrar may allow a registered voluntary member up to 2 months additional time to give the authority a return under subsection (1) before or after the end of the 1-month period mentioned in subsection (1) (a). (3) A person is taken not to be registered as a voluntary member for a covered industry 3 months after the day of the end of a quarter if the person fails to give the authority a return within 3 months after the end of the quarter.

required information, for a registered voluntary member for a covered industry, means— (a) the number of days, or part days, during the quarter on which the voluntary member carried out work in the covered industry; and (b) the voluntary member’s total ordinary remuneration for the work during the quarter; and

55 Levy payments by voluntary members A person who is a registered voluntary member for a covered industry during a quarter must, when the person gives the authority a return under section 54, pay to the authority the levy payable under section 56 for the quarter.

56 Determination of levy—voluntary members (1) The Minister may determine the levy payable by registered voluntary members for a covered industry. Note 1 The Legislation Act, s 48 provides that a power to make a statutory instrument includes the power to make an instrument about 1 or more of the matters and to make different provisions with respect to different matters. Note 2 The governing board may determine minor changes to the levy payable (see s 56A). (2) The governing board must, from time to time, recommend in writing to the Minister the levy that should be payable by registered voluntary members for a covered industry.

(3) Before making a determination, the Minister must have regard to any recommendation made under subsection (2), but need not follow it. (4) A determination is a disallowable instrument.

56A Minor changes to levy—employers and voluntary members (1) Despite section 51 (2) (Determination of levy—employers) and section 56 (1) (Determination of levy—voluntary members), the governing board may determine the levy payable for a covered industry if— (a) the board would, under section 51 (3) or section 56 (2), recommend a change to the current levy; and (b) the change, together with any other changes made to the levy in the 12 months before the change is to take effect, is less than or equal to a variation of 40 basis points. (2) If the governing board determines the levy— (a) if the levy is payable by employers—the determination repeals a determination made by the Minister under section 51 (2); and (b) if the levy is payable by registered voluntary members—the determination repeals a determination made by the Minister under section 56 (1); and (c) the governing board must tell the Minister, in writing, about the determination. (3) A determination is a disallowable instrument. (4) Nothing in this section prevents the governing board from making a recommendation under section 51 (3) or section 56 (2).

57 Employers to keep records (1) An employer for a covered industry must keep a written record showing the relevant particulars for each employee who carries out work for the person. (2) An employer must keep the written record for 7 years after the day the employee stops being employed by the employer. relevant particulars, for an employee of an employer, means— (a) the employee’s name and date of birth; and (b) the nature of the work carried out by the employee; and (c) the employee’s ordinary remuneration for each quarter; and (d) the number of days worked by the employee in each quarter; and (e) the date when the employee began service with the employer; and (f) long service leave granted, or payment made instead of leave, to the employee; and (g) if the employee stops service with the employer—the date the employee stops service.

58 Registered voluntary members to keep records (1) A registered voluntary member for a covered industry must keep a written record of the following: (a) the voluntary member’s name and date of birth; (b) the nature of the work carried out by the voluntary member;

(c) when and for whom work is carried out; (d) the voluntary member’s ordinary remuneration for each quarter; (e) the number of days worked by the voluntary member in each quarter. (2) A registered voluntary member must keep the written record for 6 years after the day the record is made.

Liability of company directors to pay levy Part 5A

Part 5A Liability of company directors to pay levy

58A Application—pt 5A This part applies if— (a) a company (the defunct company)— (i) is an employer in a covered industry; and (ii) fails to pay the authority a levy payable by the company under section 50 for a quarter; and (iii) disposes of property (a creditor-defeating disposition) in a way that has the effect of— (A) preventing the property becoming available for the benefit of the company’s creditors in the winding-up of the company; or (B) hindering, or significantly delaying, the process of making the property available for the benefit of the company’s creditors in the winding-up of the company; and (iv) ceases to trade; and (b) another company (the phoenix company) is incorporated that— (i) is an employer in the covered industry; and (ii) conducts substantially the same business as the business conducted by the defunct company; and (c) at least 1 of the directors of the phoenix company was a director of the defunct company at the time the creditor-defeating disposition happened.

Part 5A Liability of company directors to pay levy

58B Liability of directors to pay levy (a) a person— (i) is a director of a phoenix company; and (ii) was a director of a defunct company at the time the company made a creditor-defeating disposition; and (b) the levy payable by the defunct company under section 50 remains unpaid. (2) The authority may recover as a debt from the person— (a) the amount of the levy that remains unpaid; and (b) any interest payable under section 52 on the amount of the levy unpaid; and (c) any costs reasonably incurred by the authority in recovering the unpaid levy. (3) If 2 or more people are together and separately liable to pay an amount under subsection (2), the authority may recover the whole of the amount from them, or any of them, or any 1 of them. creditor-defeating disposition—see section 58A (a) (iii). defunct company—see section 58A (a). phoenix company—see section 58A (b).

59 Particulars to be entered in workers register The registrar must enter the following particulars in the workers register for a covered industry for each registered worker in the (a) if the worker is serving a period of apprenticeship—the date when the apprenticeship began; (b) if the worker is an employee—each employer for whom the employee works; (c) the number of days of service with which the worker is credited under this Act; (d) the total ordinary remuneration of the worker for work carried out by the worker; (e) the worker’s entitlement to long service leave; (f) 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 1976; (g) if the worker has stopped working in the covered industry—the date when the worker stopped working in the industry; (h) any other relevant particulars the governing board reasonably

60 Review of ordinary remuneration by governing board (1) This section applies if the governing board considers that the total ordinary remuneration for a worker stated in a return given to the authority under section 49 (Quarterly returns by employers) or section 54 (Quarterly returns by voluntary members) for a quarter is insufficient or excessive because of the nature of the work carried out by the worker in the quarter.

(2) The governing board must give the following people a notice that summarises the person’s rights under subsection (3): (a) for a return under section 49—the employer who submitted the return and the employee; (b) for a return under section 54—the voluntary member. (3) Not later than 1 month after being given the notice, a person mentioned in subsection (2) may ask the board to take into account anything set out in writing about the matter. (4) After considering any representations under subsection (3), the governing board may— (a) agree that the total ordinary remuneration stated in the return for the quarter is reasonable; or (b) fix another amount as the total ordinary remuneration of the worker for the quarter.

61 Notice of governing board decisions on review of ordinary remuneration (1) The governing board must, not later than 14 days after it makes a decision under section 60 (4), give written notice of the decision to— (a) if the decision relates to a return under section 49 (Quarterly returns by employers)—the employer who gave the return and the employee; or (b) if the decision relates to a return under section 54 (Quarterly returns by voluntary members)—the voluntary member. (2) If the decision is to fix another amount under section 60 (4) (b), the notice must include— (a) the total ordinary remuneration fixed by the governing board for the quarter; and

(b) a statement about the effect of section 62 and section 63 (Variation of ordinary remuneration—payment of additional amounts). Note The governing board’s decision to fix another amount under s 60 (4) (b) is a reviewable decision (see s 80, def reviewable decision), and the board must give a reviewable decision notice to the worker and, if the worker is an employee, the worker’s employer (see s 81).

62 Effect of variation of ordinary remuneration (1) This section applies if the governing board fixes an amount (the varied amount) under section 60 (4) (b) in relation to a worker. (2) The varied amount is taken, for this Act, to be the worker’s total ordinary remuneration for work by the worker for the quarter. (3) The following provisions apply if the varied amount relates to a return under section 49 (Quarterly returns by employers) by an employer of a registered employee: (a) if the varied amount is more than the amount (the returned amount) shown in the return as the total ordinary remuneration of the employee, the employer must pay the authority the additional amount payable under section 51 (Determination of levy—employers) for the employee for the quarter; (b) if the varied amount is less than the returned amount, the authority must— (i) if asked by the employer to refund the overpayment of the levy payable under section 51—refund the overpayment; or (ii) in any other case—credit the overpayment against future amounts payable under section 51 by the employer.

(4) The following provisions apply if the varied amount relates to a return under section 54 (Quarterly returns by voluntary members) by a registered voluntary member: (a) if the varied amount is more than the amount (the returned amount) shown in the return as the total ordinary remuneration of the voluntary member, the voluntary member must pay the authority the additional amount payable under section 56 (Determination of levy—voluntary members) for the voluntary member for the quarter; (b) if the varied amount is less than the returned amount, the authority must— (i) if asked by the voluntary member to refund the overpayment of the levy payable under section 56—refund the overpayment; or (ii) in any other case—credit the amount against future amounts payable under section 56 by the voluntary member.

63 Variation of ordinary remuneration—payment of additional amounts (a) the governing board decides to fix an amount as the total ordinary remuneration of a worker under section 60 (4) (b); and (b) because the governing board has fixed the amount a person must pay an amount under section 62 (3) (a) or (4) (a). (2) The person must pay the amount not later than— (a) 1 month after the day the person receives notice under section 61 of the governing board’s decision; or

(4) The registrar may allow a person additional time to pay the amount under subsection (2) before or after the end of the 1-month period mentioned in subsection (2) (a).

64 Service credit—registered worker’s service Service to be credited in the workers register for a registered worker for a covered industry is the amount of service worked out under the covered industry schedule for the covered industry.

65 Removing people from workers register (1) The registrar must remove a person from the workers register if the person has not been credited under this Act or a corresponding law with at least 1 day of service for 4 consecutive years. (2) If the person is removed under subsection (1)— (a) the person stops being a registered worker on the day the person is removed; and (b) the person is not entitled to apply for, or to be paid an amount for or instead of, long service leave for any days of service entered in the register before the day the person stopped being a (3) However, subsection (2) (b) does not apply if the person would, but for the person ceasing to be registered, have been entitled to payment for the period under— (a) schedule 1, section 1.8 (Entitlement to payment instead of leave—building and construction industry); or (b) schedule 2, section 2.8 (Entitlement to payment instead of leave—services industry); or (c) schedule 3, section 3.9 (Entitlement to payment instead of leave—community sector industry); or

(d) schedule 4, section 4.9 (Entitlement to payment instead of leave—security industry). (4) The registrar must not remove a person from the workers register if the person stops carrying out work to which this Act applies and tells the authority that the person is otherwise employed or engaged in other work until whichever of the following first occurs: (a) the person applies to the authority for payment of the total amount for or instead of long service leave; (b) the person’s employer makes an application under section 89 (Benefits under other laws—reimbursement of employer) for payment of the total amount to which the employer is entitled; (c) if the person is a voluntary member—the person asks the authority to remove the person from the register; (d) the period of 10 years, starting on the day when the person stops carrying out work to which this Act applies, ends. (5) A request under subsection (4) (c) must state— (a) the date when the person became otherwise employed or engaged in work to which this Act applies; and (b) the name and address of the principal place of business of the person’s employer (if any).

66 Re-registration in workers register (1) The governing board must direct the registrar to re-register a person in the workers register if— (a) the person has been removed from the register under section 65; and

(b) the governing board is satisfied that the person has been credited with a period of service under a corresponding law within the period of 4 years ending on the day when the person was removed from the register. (2) If a person is re-registered under subsection (1), this Act applies in relation to the person as if the person had not been removed from the register. (3) This section does not affect any right that a person who has been removed from the workers register may have to again become a

Part 7 Access to long service leave register information Part 7 Access to long service leave register information 67 Information for registered workers The registrar must provide each registered worker access to the following information kept on the workers register: (a) the number of days of service from the worker’s registration day to the end of the previous financial year that the worker has been credited with in the workers register; (b) the number of days of service the worker has been credited with in the financial year in which the information is being accessed; (c) the total ordinary remuneration paid to the worker during the previous financial year by a registered employer; (d) if the worker is a voluntary member—the total amount paid by the contract under section 56 (Determination of levy—voluntary members) for the previous financial year.

68 Information for employers The registrar must provide each registered employer access to the following information kept on the employers register: (a) the name of each registered worker for the employer recorded in the workers register; (b) for each registered worker for the employer— (i) the number of days of service, from the registration day to the end of the previous 12 months that the worker has been credited with in the workers register; and (ii) the number of days of service that the worker has been credited with for the previous financial year;

Access to long service leave register information Part 7 (c) the total amount paid by the employer under section 51 (Determination of levy—employers) for the previous financial year. access or download information from a website

69 Certified copies of long service leave registers (1) On application by an employer, a registered worker or a person acting on behalf of the employer or worker, the registrar must give the applicant a certified copy of any part of the register that relates to the employer or worker. (2) A person who is given a certified copy under this section may object to the registrar about the accuracy of a matter stated in the copy. (3) An objection must be made in writing within 6 months after the day the certified copy is given to the person objecting. (4) If an objection is made, the governing board must decide the objection and if allowing the objection, give an amended certified copy to the person who objected. Note The registrar may correct a mistake, error or omission in the workers register—see s 30 and s 39.

70 Definitions—pt 8 at premises includes in or on the premises. occupier, of premises, includes— (a) a person believed on reasonable grounds to be an occupier of the premises; and (b) a person apparently in charge of the premises.

71 Appointment of inspectors The registrar may appoint a public servant as an inspector for this Act. Note For laws about appointments, see the Legislation Act, pt 19.3.

72 Identity cards (1) The registrar must give an inspector an identity card stating the officer’s name and that the officer is an inspector. (2) The identity card must show— (a) a recent photograph of the inspector; and (b) the card’s date of issue and expiry; and (3) A person commits an offence if— (a) the person stops being an inspector; and (b) the person does not return the person’s identity card to the registrar as soon as practicable (but not later than 7 days) after the day the person stops being an inspector. Maximum penalty: 1 penalty unit.

(4) Subsection (3) does not apply to a person if the person’s identity card has been— (a) lost or stolen; or (b) destroyed by someone other than the person. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) An offence against this section is a strict liability offence.

73 Power to enter premises (1) For this Act, an inspector may— (a) at any reasonable time, enter premises that the inspector believes on reasonable grounds are a workplace; or (b) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment); or (c) at any time, enter premises with the occupier’s consent. Note Premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict). (2) However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used only for residential purposes. (3) An inspector may, without the consent of the occupier of premises, enter land that is around, or part of, the premises to ask for consent to enter the premises. (4) To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge. (5) For subsection (1) (a) and (b), the inspector may enter the premises with any necessary assistance and force. (6) However, only a police officer may use force against a person.

74 Production of identity card An inspector must not remain at premises entered under this part if the inspector does not produce the inspector’s identity card when asked by the occupier.

75 Consent to entry (1) When seeking the consent of an occupier of premises to enter the premises under section 73 (1) (c) (Power to enter premises), an inspector must— (a) produce the inspector’s identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date consent was given. (3) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

(4) A court must find that an occupier did not consent to entry to premises by the inspector under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

76 Power to obtain, inspect and copy records (1) An inspector may, in writing, require any of the following to give the inspector information, or produce documents or anything else, that the person has, or has access to, that are reasonably required by the inspector for this Act: (a) an employer for a covered industry; (b) a voluntary member for a covered industry; (c) a bank or other financial institution that holds accounts for an employer, or voluntary member, for a covered industry; (d) an accountant or bookkeeper engaged by an employer, or voluntary member, for a covered industry. request and obtain by email a list of employees (2) An inspector who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) examine anything; (b) examine and copy, or take extracts from, documents relating to a contravention, or possible contravention, of this Act; (c) take photographs, films, or audio, video or other recordings;

(d) require the occupier, or anyone at the premises, to give information, answer questions, or produce documents or anything else (whether the information, document or other thing is at the premises or elsewhere) that the occupier or person at the premises has, or has access to, that are reasonably necessary to exercise a function under this Act; (e) require the occupier, or anyone else at the premises, to give the inspector copies of documents produced under paragraph (d) that are reasonably necessary to exercise a function under this Act; (f) require the occupier, or anyone else at the premises, to give the inspector reasonable help to exercise a power under this part. Example—par (d) An inspector is conducting an inspection at a construction site. The inspector forms the view that relevant documents are held at the head office of the company operating the construction site. A person at the premises may be required to produce the documents that are held at the head office. Note 1 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104). Note 2 The Legislation Act, s 171 deals with the application of client legal privilege. (3) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) or subsection (2) (d), (e) or (f).

76A Abrogation of privilege against self-incrimination (1) A person is not excused from answering a question or providing information or a document under this part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.

(2) However, any information, document or thing obtained, directly or indirectly, because of the giving of the answer or the production of the document is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence arising out of the false or misleading nature of the answer, information or document.

76B Warning to be given (1) Before making a requirement of a person under section 76, an inspector must warn the person about the effect of— (a) section 76 (3); and (b) section 76A. (2) It is not an offence for an individual to refuse to answer a question put by an inspector or provide information or a document to an inspector under this part on the ground that the question, information or document might tend to incriminate the individual, unless the individual was first given the warning in subsection (1) (b). (3) Nothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by any person.

77 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an inspector must take reasonable steps to ensure that the inspector, and anyone assisting the inspector, causes as little inconvenience, detriment and damage as practicable. (2) If an inspector, or anyone assisting an inspector, damages anything in the exercise or purported exercise of a function under this part, the inspector must give written notice of the particulars of the damage to the person the inspector believes on reasonable grounds is the owner of the thing.

(3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.

78 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an inspector or anyone assisting an inspector. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

79 Enforcement of obligations (1) The registrar may apply to the ACAT for an order to enforce an obligation imposed under this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The ACAT may make any order it considers appropriate in relation to— (a) the registration of an employer or worker; or (b) the keeping of, and access to, records relating to a worker; or

(c) the recovery of any payment required to be made by an employer; or (d) any other matter for the purpose of enforcing an obligation under

Note The governance of territory authorities, including the Long Service Leave Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them. The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

79A Establishment of authority The Long Service Leave Authority (the authority) is established.

79B Authority not territory instrumentality etc The authority is not a territory instrumentality and does not represent the Territory.

79C Functions of authority (1) The authority has the following functions: (a) administering the long service leave benefits schemes established under this Act; (b) making payments under this Act; (c) keeping the employers registers and workers registers for covered industries; (d) any other function given to the authority under this Act or another territory law. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

The authority and governing board Division 8A.1 (2) To remove any doubt, the authority may exercise its functions inside and outside the ACT, including in a foreign country.

79D Delegation by authority The authority may delegate the authority’s functions to the registrar or a public servant. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

79E Establishment of governing board The authority has a governing board. Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).

79F Governing board members (1) The governing board has at least 3 members and not more than 7 members. Note 1 The chair of the governing board must be appointed under the Financial Management Act 1996, s 79. Note 2 The chief executive officer of the authority is appointed by the governing board after consulting with the responsible minister (see Financial Management Act 1996, s 80 (2)). Note 3 The registrar is a member of the governing board and is the chief executive officer of the authority (see dict, def registrar and Financial Management Act 1996, s 80 (4)). (2) The governing board must have the following members: (a) at least 1 member appointed to represent employer organisations for the covered industries; (b) at least 1 member appointed to represent employee organisations for the covered industries;

(c) at least 1 other member who is not appointed to represent an employer or employee organisation. Note One of the members mentioned in par (c) is the deputy chair (see s 79G). (3) In appointing the members for subsection (2) (a) and (b), the Minister must, as far as practicable, ensure that there is equal representation for employer organisations and employee organisations. (4) The chair of the governing board must not be a member mentioned in subsection (2) (a) or (b). (5) A member of the governing board must not be appointed for a term longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (6) The Minister may, under the Legislation Act, section 209, appoint a person to act as a member. (7) The registrar is a non-voting member of the governing board. Note The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non- voting members of governing boards.

79G Deputy chair The Minister must appoint a member of the governing board mentioned in section 79F (2) (c) as the deputy chair. Note A deputy chair is appointed under the Financial Management Act 1996, s 79.

The authority and governing board Division 8A.1

79H Deputy registrar (1) The registrar must appoint either of the following as deputy registrar for the authority: (a) a member of staff of the authority; (b) a public servant. Note 1 The registrar is the chief executive officer of the authority (see dict, def registrar and Financial Management Act 1996, dict, def chief executive officer). Note 2 For laws about appointments, see the Legislation Act, pt 19.3. (2) If the registrar is absent or cannot for any reason exercise the functions of the registrar, the deputy registrar must act as registrar.

79I Functions of governing board The governing board has the following functions: (a) making recommendations to the Minister under section 51 (Determination of levy—employers) and section 56 (b) determining a levy for a covered industry under section 56A (Minor changes to levy—employers and voluntary members); and (c) recommending to the Minister laws to be declared to be corresponding laws under section 87 (Declaration of corresponding laws); (d) any other function given to the governing board under this Act or another territory law. Note The governing board also has functions under the Financial Management Act 1996.

79J Meaning of staff of the authority—pt 8A staff of the authority means— (a) the registrar; and (b) staff employed under section 79JA; and (c) consultants engaged under section 79JB. 79JA Employment of staff (1) The registrar may employ staff on behalf of the Territory. (2) The staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, div 8.2 applies to the registrar as the chief executive officer of the authority in relation to the employment of staff (see Public Sector Management Act 1994, s 152). 79JB Consultants (1) The authority may engage consultants on behalf of the Territory. (2) Consultants may be engaged on terms and conditions decided by the authority. (3) However, the authority must not enter into a contract of employment under this section. 79JC Delegation by registrar The registrar may delegate the registrar’s functions under this Act or another territory law to— (a) a member of staff of the authority; or

Finances Division 8A.2 (b) a public servant. Note For laws about delegations, see the Legislation Act, pt 19.4. 79JD Other arrangements for staff and facilities The authority may arrange with the head of service to use— (a) the services of a public servant; or (b) territory facilities. Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

79K Money of authority The money of the authority includes— (a) amounts received by the authority under section 51 (Determination of levy—employers) and section 56 (Determination of levy—voluntary members); and (b) income derived from the investment of money of the authority; and (c) amounts borrowed for, and lent to, the authority by the Treasurer under the Financial Management Act 1996, section 59 (Borrowing by territory authorities); and (d) any other amounts paid to the authority.

79L Application of authority money The money of the authority must be applied only in payment of— (a) the costs, expenses or other obligations of the authority under this Act; or

(b) remuneration and allowances payable to anyone appointed or employed under this Act; or (c) the costs in relation to the administration of the authority.

79M Authority money—separate funds for covered industries (1) The authority must establish and keep a separate fund for money of the authority in relation to each covered industry. (2) The money of the authority must be kept and applied in a way that enables the money of the authority that relates to each covered industry to be separately identified. (3) However the authority may establish a common fund— (a) to pay the costs, expenses or other obligations of the authority that relate to more than 1 covered industry; or (b) to invest the money of the authority in an investment for more than 1 covered industry. 79N 3-yearly investigation by actuary (1) The governing board must appoint an actuary for this Act. Note For laws about appointments, see the Legislation Act, pt 19.3. (2) The actuary must conduct an investigation of the state and adequacy of the money of the authority— (a) if asked by the governing board; and (b) at least once every 3 years. (3) The actuary must report the results of the investigation to the governing board and state whether, in the actuary’s opinion, any reduction or increase is necessary in the rates of levies payable to the authority by employers or voluntary members under this Act. (4) The actuary must give the Minister a copy of each report under this section.

Notification and review of decisions Part 9

Part 9 Notification and review of decisions

80 Definitions—pt 9 decision-maker, for a reviewable decision, means a decision-maker mentioned in schedule 5, column 5 for the decision. internally reviewable decision—see section 80A (1). reviewable decision means a decision mentioned in schedule 5, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

80A Internal review of certain decisions (1) This section applies to a reviewable decision made by the registrar (an internally reviewable decision). (2) An entity mentioned in schedule 5, column 4 for an internally reviewable decision may apply in writing to the governing board for internal review of the decision. (3) The governing board must review the decision.

80B Applications for internal review (1) An application for internal review of an internally reviewable decision must be made within— (a) 28 days after the day when the applicant is told about the decision by the registrar; or (b) any longer period allowed by the governing board, whether before or after the end of the 28-day period. (2) The application must set out the grounds on which internal review of the decision is sought.

Part 9 Notification and review of decisions (3) The making of the application for internal review of the decision does not affect the operation of the decision.

80C Internal review (1) The governing board must review an internally reviewable decision, and confirm, vary or revoke the decision, within 28 days after the governing board receives the application for internal review of the decision. (2) As soon as practicable after reviewing the decision, the governing board must give written notice of the decision on the internal review to the applicant.

81 Reviewable decision notices If a decision-maker makes a reviewable decision, the decision-maker must give a reviewable decision notice only to— (a) each entity mentioned in schedule 5, column 4 in relation to the decision; and (b) any other person prescribed by regulation.

82 Review of decisions by ACAT (1) The ACAT may review a reviewable decision made by the governing board if— (a) the governing board is the decision maker mentioned in schedule 5, column 5 for the decision; or (b) the decision was made under section 80C following the review of an internally reviewable decision. (2) The following people may apply to the ACAT for review of a decision made by the governing board: (a) an entity mentioned in schedule 5, column 4 for the decision; (b) a person prescribed by regulation.

83 Evidentiary certificates (1) In a proceeding for an offence against section 49 (Quarterly returns by employers) or section 54 (Quarterly returns by voluntary members), a certificate signed by or on behalf of the registrar to the effect of any of the following is evidence of the matters stated in the certificate: (a) that the registrar had, or had not, allowed a stated person an additional stated period to give to the authority a return under a stated section for a stated quarter; (b) that a stated person had, or had not, given to the authority a return under a stated section for a stated quarter on or before a stated date. (2) In a proceeding for an offence against section 50 (Levy payments by employers) or section 55 (Levy payments by voluntary members), a certificate signed by or on behalf of the registrar to the effect of any of the following is evidence of the matters stated in the certificate: (a) that a stated amount of levy under a stated section was, or was not, payable by a stated person for a stated quarter; (b) that, on or before a stated date, a stated person had, or had not, paid to the authority, under a stated section, a stated amount of levy that was payable by the person for a stated quarter.

84 Disclosure of information to territory entities and reciprocal authorities (1) The authority may disclose information— (a) in relation to an employer’s compliance with this Act—to a territory entity for the purpose of the exercise by the entity of a function for a territory law; and

(b) in relation to a registered worker’s credit for service and long service benefits to a reciprocal authority—for the purpose of the exercise of a function by— (i) the authority under this Act; or (ii) the reciprocal authority under a corresponding law. territory entity means— (a) the director-general of an administrative unit; or (b) the chief executive officer of a territory authority.

86 No contracting out (1) This Act has effect in relation to a registered worker despite anything to the contrary in a term of the worker’s contract. (2) A provision of a registered worker’s contract is void to the extent that it— (a) is inconsistent with this Act; and (b) has the effect of excluding, restricting or reducing the rights given to the worker under this Act. (3) However, the registered worker’s contract applies to the extent that it gives the worker rights that are more beneficial than the rights given to the worker under this Act.

88 Benefits under other laws—election (1) This section applies if a registered worker— (a) has accrued long service benefits under this Act; and (b) is eligible for long service benefits under one or more of the following laws: (i) the Long Service Leave Act 1976;

(ii) a corresponding law; (iii) a law prescribed by regulation for employment in a covered (c) elects to take the long service benefits under a law other than (2) The registered worker must nominate in writing— (a) the law under which the registered worker elects to take the long service benefits; and (b) if the worker is a worker for the building and construction industry—the number of days of credit for service for which the election is made; and (c) if the worker is not a worker for the building and construction industry—the service period, or part of the service period, for which the election is made. (3) If the authority receives a written nomination, the authority must— (a) remove from the relevant workers register credit for service equal to— (i) if the worker nominated days of credit for service—the number of days of credit for service nominated; or (ii) if the worker nominated a service period—the service period, or part of the service period, nominated; and (b) keep a record of the credit for service removed from the relevant workers register.

89 Benefits under other laws—reimbursement of employer (a) a registered worker has made an election under section 88; and

(b) an employer for a covered industry pays the registered worker an amount under a relevant provision. (2) The employer may apply to the authority for reimbursement of an amount paid under the relevant provision, less any amount outstanding that is payable by the employer to the authority, if— (a) an application is made to the authority; and (b) the registrar is satisfied that the amount paid by the employer was properly paid under the relevant provision. relevant provision means— (a) the Long Service Leave Act 1976, section 8 (Manner of payment for leave); or (b) a law prescribed by regulation.

89A Authority reimbursement of certain payments (1) An employer of a registered worker may apply to the registrar for reimbursement of a payment made directly to an employee. (2) If the registrar is satisfied that the employer has paid a long service leave entitlement to the employee under a corresponding law, the registrar may reimburse the lesser of— (a) the amount the employer paid to the employee; and (b) the amount the authority would have paid the employee.

90 Reciprocal agreements for corresponding laws (1) The Minister may enter into an agreement (a reciprocal agreement) with the Minister of State who administers a corresponding law in relation to payments of long service leave to people carrying out work in a covered industry in the State.

(2) Without limiting subsection (1), the agreement may make provision in relation to— (a) payments for, or instead of, long service leave; and (b) the exchange of information about credit for service and entitlements to long service benefits between the authority and the reciprocal authority under the corresponding law; and (c) anything else in relation to long service benefits that the Minister considers appropriate.

91 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

93 Regulation-making power The Executive may make regulations for this Act.

97A Transitional—entitlement to payment instead of leave (1) This section applies to a person who is a registered worker in a covered industry immediately before the commencement of this section. (2) The following sections, as in force immediately before the commencement of this section, continue to apply in relation to the person: (a) for a registered worker in the building and construction industry—schedule 1, section 1.8; (b) for a registered worker in the contract cleaning industry— schedule 2, section 2.8; (c) for a registered worker in the community sector industry— schedule 3, section 3.9.

the commencement of this section.

97B Transitional—entitlement to payment instead of leave for person who became registered worker on or after (1) This section applies to a person who became a registered worker in the contract cleaning industry on or after 1 July 2012 but before the commencement of this section. (2) Schedule 2, section 2.8, as in force immediately before the commencement of this section, continues to apply in relation to the person. the commencement of this section.

Transitional—contract cleaning industry Part 12

Part 12 Transitional—contract cleaning

110 Definitions—pt 12 commencement day means the day the Long Service Leave (Portable Schemes) Amendment Act 2023, section 13 commences. the commencement day.

111 Registered employers and workers (1) A person who is a registered employer in the contract cleaning industry under the pre-amendment Act is, on the commencement day, taken to be a registered employer in the services industry. (2) A person who is a registered worker in the contract cleaning industry under the pre-amendment Act is, on the commencement day, taken to be a registered worker in the services industry.

112 Applications for registration (1) An application for registration as an employer for the contract cleaning industry made under the pre-amendment Act, section 31 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration as an employer for the services industry. (2) An application for registration as a worker for the contract cleaning industry made under the pre-amendment Act, section 40 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration as a worker for the services industry.

Part 12 Transitional—contract cleaning industry (3) An application for registration of an employee as a worker for the contract cleaning industry made under the pre-amendment Act, section 41 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration of the employee as a worker for the services industry.

113 Service credit (1) An employee in the contract cleaning industry who is entitled, under the pre-amendment Act, section 47 to credit for service for work done in that industry is, on or after the commencement day, entitled under section 47 to equivalent credit for service in the service industry for that work. (2) Credit for service, received under the pre-amendment Act, section 47, for work done in the contract cleaning industry is, on or after the commencement day, taken to be credit for service received under section 47 for work done in the service industry.

114 Transitional regulations (1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Long Service Leave (Portable Schemes) Amendment Act 2023. (2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part. (3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law. Note A transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act, s 88).

Transitional—contract cleaning industry Part 12

115 Expiry—pt 12 This part expires 5 years after the commencement day. Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Section 1.1

Schedule 1 Long service leave payments— building and construction 1.1 What is the building and construction industry? (1) The building and construction industry is— (a) in relation to the ACT—the industry of constructing, reconstructing, renovating, repairing, altering, demolishing or maintaining the following: (i) buildings, fences or swimming pools; (ii) roadworks, light rail and other railways, airfields or other works for the carriage of people, animals or vehicles; (iii) breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of a harbour, river or watercourse for the purpose of navigation; (iv) works for the storage or supply of water or the irrigation of land; (v) works for the carriage, treatment or disposal of sewage or the effluent from any premises; (vi) bridges, viaducts, aqueducts, tunnels or pipelines; (vii) chimneystacks, cooling towers, drilling rigs, gas holders or silos; (viii) structures, fixtures or works for use in any building or works mentioned in subparagraphs (i) to (vii);

Section 1.1 (ix) navigational lights, beacons or markers; (x) works for the drainage of land; (xi) works for the storage of liquids (other than water) or gases; (xii) works for the transmission of electric power or wireless or telegraphic communications; and (2) Also, the building and construction industry, in relation to the ACT, includes the following undertaken in relation to an activity mentioned in subsection (1) (a): (a) pile driving and site preparation; (b) installing data cabling or security or electronic communication systems; (c) laying floor coverings; (d) hard landscaping; (e) building or construction work undertaken as part of training with a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3. light rail—see the Road Transport (General) Act 1999, dictionary.

Section 1.2 1.2 What is building and construction work? building and construction work means— (a) work in the building and construction industry; or (b) direct supervision of a worker carrying out work in the building and construction industry. Note The Minister may declare work or an activity to be building and construction work (see s 12 (2) (d)) or to not be building and construction work (see s 13 (2) (d)). direct supervision, of a person, means the oversight by the supervising person of the work of the person by— (a) directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and (b) ensuring the person’s capacity to respond in an emergency situation. 1.3 Recognised service—building and construction industry recognised service, for a registered worker in the building and construction industry, means the total number of days of service credit for all of the service periods of the worker less any days of service credit that the worker— (2) A registered worker for the building and construction industry is taken to have completed a year of recognised service for each 220 days of recognised service.

Section 1.4 1.4 Service credit—building and construction industry—s 64 (1) A registered worker for the building and construction industry is to be credited in the workers register with 1 day of service for each day that the worker carries out building and construction work in each service period on or after the worker’s registration day. (2) However, the registrar must not enter more than 220 days of service 1.4A Service period—building and construction industry building and construction industry is a continuous period—

Section 1.5 1.5 Long service leave formula—building and construction The long service leave formula for the building and construction industry is— (a) for service before 20 December 1996— (b) for service on or after 20 December 1996— W = 1.3 × RS

Section 1.6 1.6 Amount of leave—building and construction industry (1) A registered worker for the building and construction industry who has 10 years or more recognised service is entitled to the number of days of workers long service leave worked out in accordance with the long service leave formula for the building and construction industry. (2) A registered worker for the building and construction industry who has 10 years or more recognised service is entitled to additional long formula for the building and construction industry if the worker— (a) becomes entitled to long service leave under this Act for work done in the industry; and (b) is credited in the workers register with an additional period of service in the industry commencing on the date on which the worker became entitled to the long service leave. 1.7 Grant of leave by employers—building and construction (1) The employer of a registered employee for the building and construction industry commits an offence if— (3) The employer of a registered employee for the building and construction industry commits an offence if—

Section 1.8 (i) not later than 2 months after the day when the long service leave starts; or employee for the building and construction industry of an employer, means— 1.8 Entitlement to payment instead of leave—building and (1) This section applies to a registered worker for the building and construction industry who has at least 7 years recognised service if— (a) the worker has permanently left the industry; and (b) 20 weeks have passed since the day the worker permanently left the industry; and (c) the worker has not been credited with service in the workers register for any of the days in the 20-week period.

Section 1.9 (2) Also, this section applies to a registered worker for the building and construction industry if the worker has 5 years recognised service and any of the following apply to the worker: (a) the worker has left the industry because of total incapacity; (b) the worker has reached the prescribed retiring age; (c) the worker has died. (3) If the governing board is satisfied that this section applies to the for the amount of long service leave credited to the worker in the workers register. (a) in relation to a registered worker who has been granted a service pension under the Veterans' Entitlements Act 1986 (Cwlth), section 38 (Eligibility for partner service pension)—the age at which the worker first receives payment of the service pension; or 1.9 Payment for leave—building and construction industry (1) A registered employee for the building and construction industry who has been granted long service leave under section 1.7, or a registered voluntary member for the industry who is entitled to long service leave, may apply to the authority for payment for the leave. section 1.11 (How are leave payments worked out for the building and construction industry?) if the registrar is satisfied that— work done in the building and construction industry; and

Section 1.10 1.10 Payment instead of leave—building and construction (1) If a registered worker for the building and construction industry is entitled to payment instead of long service leave under this Act, the worker may apply to the authority for the payment. (2) An application by a registered employee for the building and construction industry on the ground that the employee has ceased work in the building and construction industry because of total incapacity must be accompanied by a certificate of a doctor certifying that the employee is totally incapacitated for employment in the

Section 1.11 must pay to the applicant the amount payable under section 1.11 (How are leave payments worked out for the building and construction industry?). 1.11 How are leave payments worked out for the building and construction industry? (1) For section 1.9 (Payment for leave—building and construction industry) and section 1.10 (Payment instead of leave—building and construction industry), the amount payable to a registered worker for, or instead of, long service leave is— section 1.12; and section 1.13.

Section 1.12 John has 10 years of service in the building and construction industry, giving him an entitlement to 13 weeks long service leave. He first worked in the industry as a registered employee and accrued 7 weeks of the entitlement in that capacity. John then worked as a registered voluntary member and accrued 6 weeks of the John decides to take 9 weeks long service leave. The payment for the leave is the total of the following amounts: • the amount calculated under section 1.12 where ‘D’ is 1185 (ie it took 1185 days of service as a registered employee to accrue the first 7 weeks of his long service leave entitlement); • the amount calculated under section 1.13 which is the total of the amounts paid to the authority under section 56 for his first 1.54 years work as a registered voluntary member (ie it took 338 days of service as a registered voluntary member to accrue the next 2 weeks of his long service leave entitlement) and the interest under section 1.13 on those amounts. 1.12 Leave payments for service as registered employee— (1) For section 1.11, the amount payable to a registered worker for long building and construction industry is the amount worked out as follows:R D fractiondefined 

Section 1.12 worker in the workers register for service as an employee and to which the payment relates. defined fraction means— (a) in relation to service that occurred before 20 December 1996— 0.8667; and (b) in relation to service that occurred on or after 20 December 1996—1.3. employee before the designated day.

Section 1.13 1.13 Leave payments for service as registered voluntary member—building and construction industry (1) For section 1.11 (How are leave payments worked out for the building and construction industry?), the amount payable to a registered worker for the building and construction industry for long service leave for service accrued as a voluntary member is the total of the following for the service: time to time prior to the determination of the rate under subsection (1). (a) if the construction industry scheme funds invested made a return—75% of the rate of the return for the financial year in which the determination is made; or designated day—see section 1.12.

Section 1.14 1.14 Payment by authority on reciprocal authority’s behalf— (1) This section applies to a registered worker for the building and construction industry who has a long service leave entitlement under this Act and a corresponding law. law. 1.15 Payments by reciprocal authority on authority’s behalf— for work done in the building and construction industry. D means the number of days of service credited to the person in the workers register for service as an employee and to which the payment relates.R D fractiondefined 

Section 1.17 defined fraction means— (a) in relation to service that occurred before 20 December 1996— 0.8667; and (b) in relation to service that occurred on or after 20 December 1996—1.3. amount payable to the person for the service credited to the person in the State. 1.17 Records of payments and service—building and (a) pays an amount to a registered worker for the building and construction industry under section 1.9 (Payment for leave— building and construction industry) or section 1.10 (Payment instead of leave—building and construction industry); or (b) reimburses a reciprocal authority under section 1.15 (2) (Payments by reciprocal authority on authority’s behalf— building and construction industry) for an amount paid to a registered worker for the industry. (2) The authority may delete from the workers register the details relating to the period of service for which the worker has been paid. (a) the period of service; and

Section 1.18 1.18 Public holidays not to count as leave—building and service leave taken by a registered employee for the building and construction industry.

Section 2.1 Schedule 2 Long service leave payments— 2.1 What is the services industry? (1) The services industry is— (a) in relation to the ACT—any of the following industries: (i) the industry in which employers provide cleaning work to other people through the provision of workers’ services (the contract cleaning services industry); (ii) the industry that provides hairdressing or beauty services within the meaning of the ANZSIC, Division S, Class 9511, Hairdressing and Beauty Services (the hairdressing and beauty services industry); (iii) the industry that provides accommodation, food, beverage and hospitality services within the meaning of the ANZSIC, Division H, Accommodation and Food Services (the accommodation and food services industry); and ANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 as in force from time to time. Note The ANZSIC is available free of charge at www.abs.gov.au.

Section 2.2 2.2 What is services work? services work means— (a) in relation to the contract cleaning services industry— (i) work that has, as its only or main component, bringing premises into, or maintaining premises in, a clean condition; or (ii) the collection or sorting of waste at, or for, an identified waste management facility if the employer providing the work through the provision of services does so under a contract with the Territory; and (b) in relation to the hairdressing and beauty services industry— providing hairdressing services or providing beauty services (including nail care services, facials or applying make-up); and (c) in relation to the accommodation and food services industry— providing short-term accommodation for visitors, or meals, snacks, and beverages for consumption by customers (whether at the provider’s principal place of business or elsewhere). Note 1 The Minister may declare work or an activity to be services work (see s 12 (2) (d)) or to not be services work (see s 13 (2) (d)). Note 2 For s (1) (b), medical skin care services such as cosmetic surgery and dermatology services and medical or surgical hair replacement or transplant services are excluded from the ANZSIC, Division S, Class 9511. Note 3 For s (1) (c), gambling institutions (casinos), amusement and recreation parks, long-term (residential) caravan parks, theatre restaurants, sporting clubs and other recreation or entertainment facilities providing food, beverage and accommodation services are excluded from the ANZSIC, Division H.

Section 2.3 (2) However, in relation to the accommodation and food services industry, services work does not include providing professional, scientific and technical services within the meaning of the ANZSIC, Division M, Professional, Scientific and Technical Services. (3) The Minister may determine that a facility is an identified waste management facility for subsection (1), definition of services work, paragraph (a) (ii). (4) A determination is a notifiable instrument. ANZSIC—see section 2.1 (2). contract cleaning services industry—see section 2.1 (1) (a) (i). 2.3 Recognised service—services industry recognised service, for a registered worker in the services industry, means the total number of days of service credit for all of the service periods of the worker less any days of service credit that the worker— (2) A registered worker for the services industry is taken to have completed a year of recognised service for each 365 days of

Section 2.4 2.4 Service credit—services industry—s 64 (1) A registered worker for the services industry is to be credited in the workers register with 1 day of service for each day (including a day when the worker does not carry out services work) in each service period of the worker on or after the worker’s registration day. period for the worker when the worker does not carry out services work. 2.4A Service period—services industry services industry is a continuous period—

Section 2.5 2.5 Long service leave formula—services industry The following is the long service leave formula for the services 2.6 Amount of leave—services industry (1) A registered worker for the services industry who has 7 years or more recognised service is entitled to the number of days of workers long formula for the services industry. (2) A registered worker for the services industry is entitled to long service leave for additional days of service worked out in accordance with the long service leave formula if the worker— (a) becomes entitled to long service leave under this Act; and365 RS 0.8667W =

Section 2.7 2.7 Grant of leave by employers—services industry (1) The employer of a registered employee for the services industry (3) The employer of a registered employee for the services industry (i) 2 months before the day when the long service leave starts; or employee for the services industry of an employer, means—

Section 2.8 2.8 Entitlement to payment instead of leave—services (1) This section applies to a registered worker for the services industry who has 5 years recognised service if— (a) the worker has permanently left the industry; and (b) 20 weeks have passed since the day the worker permanently left the industry; and (c) the worker has not been credited with service in the workers register for any of the days in the 20-week period. (2) Also, this section applies to a registered worker for the services industry if the worker has 5 years recognised service and any of the following apply to the worker: (a) the worker has left the industry because of total incapacity; (b) the worker has reached the prescribed retiring age; (c) the worker has died. (3) If the governing board is satisfied that this section applies to the for the number of weeks long service leave worked out in accordance with the long service leave formula.

Section 2.9 2.9 Payments for leave—services industry (1) A registered employee for the services industry who has been granted long service leave under section 2.7, or a registered voluntary member who for the industry is entitled to long service leave, may apply to the authority for payment for the leave. section 2.11 (How are leave payments worked out for the services industry?) if the governing board is satisfied that— work done in the services industry; and

Section 2.10 2.10 Payments instead of leave—services industry (1) If a registered worker for the services industry is entitled to payment instead of long service leave under this Act, the worker may apply to the authority for the payment. (2) An application by a registered employee for the services industry on the ground that the employee has ceased work in the services industry because of total incapacity must be accompanied by a certificate of a doctor certifying that the employee is totally incapacitated for employment in the industry. must pay to the applicant the amount payable under section 2.11.

Section 2.11 2.11 How are leave payments worked out for the services (1) For section 2.9 (Payments for leave—services industry) and section 2.10 (Payments instead of leave—services industry), the amount payable to a registered worker for, or instead of, long service leave is— section 2.12; and section 2.13. Pat has 10 years of service in the services industry giving Pat an entitlement to 8.667 weeks long service leave. Pat first worked in the industry as a registered employee and accrued 5 weeks of the entitlement in that capacity. Pat then worked as a registered voluntary member and accrued 3.667 weeks of the entitlement in that capacity. Pat decides to take 7 weeks long service leave. The payment for the leave is the total of the following amounts: • the amount calculated under s 2.12 where ‘D’ is 2106 (ie it took 2106 days of service as a registered employee to accrue the first 5 weeks of long service leave entitlement);

Section 2.12 • the amount calculated under s 2.13, which is the total of the amounts paid to the authority under s 56 for 842 days (2.31 years) of service as a registered voluntary member (ie it took 842 days of service as a registered voluntary member to accrue the next 2 weeks of long service leave entitlement) and the interest under s 2.13 on those amounts. 2.12 Leave payments for service as registered employee— (1) For section 2.11, the amount payable to a registered worker for long services industry is the amount worked out as follows: happened; orR D 0.8667 

Section 2.13 worker before the designated day; (iv) the most recent 40 quarters of service as a registered Henry has worked in the services industry for 7 years. The periods in par (b) (i), (ii) and (iii) apply to Henry because he has completed more than 20 quarters (or 5 years), but less than 40 quarters (or 10 years), relevant service. Henry’s average weekly income for the 2 quarters before the designated day is $283. His weekly averages for the 4 and 20 quarters before the designated day are $427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of the weekly averages. 2.13 Leave payments for service as registered voluntary member—services industry (1) For section 2.11 (How are leave payments worked out for the services industry?), the amount payable to a registered worker for the services industry for long service leave for service accrued as a registered voluntary member is the total of the following for the service:

Section 2.14 (a) if the services industry scheme funds invested made a return— 75% of the rate of the return for the financial year in which the determination is made; or 2.14 Payments by authority on reciprocal authority’s behalf— (1) This section applies to a registered worker for the services industry who has a long service leave entitlement under this Act and a corresponding law. law.

Section 2.15 2.15 Payments by reciprocal authority on authority’s behalf— for work done in the services industry. employee in the workers register and to which the payment relates. amount payable to the worker for the service credited to the worker in the State. 2.17 Records of payments and service—services industry (a) pays an amount to a registered worker for the services industry under section 2.9 (Payments for leave—services industry) or section 2.10 (Payments instead of leave—services industry); or (b) reimburses a reciprocal authority under section 2.15 (Payments by reciprocal authority on authority’s behalf—services industry) for an amount paid to a registered worker.R D 0.8667 

Section 2.18 relating to the service period for which the worker has been paid. (a) the period of the service; and 2.18 Public holidays not to count as leave—services industry service leave taken by a registered worker for the services industry.

Section 3.1 Schedule 3 Long service leave payments— 3.1 What is the community sector industry? (1) The community sector industry is— (a) in relation to the ACT, any of the following: (i) the industry of providing education and care services; (ii) the industry of providing residential aged care services; (iii) the industry of providing community aged care services; (iv) the industry of providing employment placement services for disabled people; (v) the industry of providing the following residential care services: (A) care accommodation or homes for disadvantaged people where nursing or medical care is not provided as a major service; (B) residential corrective services for young offenders; (vi) the industry of providing community service advocacy services; (vii) the industry of providing non-residential care welfare services (including fund-raising services for welfare services) not included in subparagraphs (i) to (vi); and

Section 3.2 Note 1 State includes the Northern Territory (see Legislation Act, dict, pt 1). Note 2 The definition of community sector industry was broadened to include residential aged care services and community aged care services with effect from 1 July 2016. education and care service means an approved education and care service under the Education and Care Services National Law (ACT), section 5 (1). Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT). 3.2 What is community sector work? community sector work means work carried out in the community sector industry. Note The Minister may declare work or an activity to be community sector work (see s 12 (2) (d)) or to not be community sector work (see s 13 (2) (d)). 3.3 Recognised service—community sector industry recognised service, for a registered worker in the community sector industry, means the total number of days of service credit for all of the service periods of the worker less any days of service credit that the worker—

Section 3.4 (2) A registered worker for the community sector industry is taken to have completed a year of recognised service for each 365 days of 3.4 Court or tribunal—not employer A court or tribunal is not an employer for the community sector Note A covered industry schedule may prescribe an entity not to be an employer for the covered industry—see s 7 (3). 3.5 Service credit—community sector industry—s 64 (1) A registered worker for the community sector industry is to be credited in the workers register with 1 day of service for each day (including a day when the worker does not carry out community sector work) in each service period of the worker on or after the worker’s registration day. period for the worker when the worker does not carry out community sector work.

Section 3.5A 3.5A Service period—community sector industry community sector industry is a continuous period—

Section 3.6 3.6 Long service leave formula—community sector industry The following is the long service leave formula for the community sector industry: 3.7 Amount of leave—community sector industry (1) A registered worker for the community sector industry who has 5 years or more of recognised service is entitled to the number of days of workers long service leave worked out in accordance with the long service leave formula for the community sector industry. (2) A registered worker for the community sector industry is entitled to long service leave for additional days of service worked out in accordance with the long service leave formula if the worker— (a) becomes entitled to long service leave under this Act; and 3.8 Grant of leave by employers—community sector industry (1) The employer of a registered employee for the community sector industry commits an offence if—

Section 3.8 (3) The employer of a registered employee for the community sector industry commits an offence if— (i) 2 months before the day when the long service leave starts; or employee for the community sector industry of an employer, means—

Section 3.9 3.9 Entitlement to payment instead of leave—community (1) This section applies to a registered worker for the community sector industry if the worker has 5 years recognised service and— (a) all of the following apply: (i) the worker has permanently left the industry; (ii) 20 weeks have passed since the day the worker permanently left the industry; (iii) the worker has not been credited with service in the workers register for any of the days in the 20-week period; or (b) any of the following apply: (i) the worker has left the industry because of total incapacity; (ii) the worker has reached the prescribed retiring age; (iii) the worker has died. (2) If the governing board is satisfied that this section applies to the for the number of weeks long service leave worked out in accordance with the long service leave formula.

Section 3.10 3.10 Payments for leave—community sector industry (1) A registered employee for the community sector industry who has been granted long service leave under section 3.8, or a registered voluntary member who for the industry is entitled to long service leave, may apply to the authority for payment for the leave. section 3.12 (How are leave payments worked out for the community sector industry?) if the registrar is satisfied that— work done in the community sector industry; and 3.11 Payments instead of leave—community sector industry (1) If a registered worker for the community sector industry is entitled to payment instead of long service leave under this Act, the worker may apply to the authority for the payment. (2) An application by a registered employee for the community sector industry on the ground that the employee has ceased work in the community sector industry because of total incapacity must be accompanied by a certificate of a doctor certifying that the employee is totally incapacitated for employment in the industry.

Section 3.12 must pay to the applicant the amount payable under section 3.12. 3.12 How are leave payments worked out for the community sector industry? (1) For section 3.10 (Payments for leave—community sector industry) and section 3.11 (Payments instead of leave—community sector industry), the amount payable to a registered worker for, or instead of, long service leave is— section 3.13; and section 3.14.

Section 3.13 Alex has 5 years of service in the community sector industry giving Alex an entitlement to 4.335 weeks long service leave. Alex first worked in the industry as a registered employee and accrued 2 weeks of the entitlement in that capacity. Alex then worked as a registered voluntary member and accrued 2.335 weeks of the Alex decides to take 4.335 weeks long service leave. The payment for the leave is the total of the following amounts: • the amount calculated under s 3.13 where ‘D’ is 842 (ie it took 842 days of service as a registered employee to accrue the first 2 weeks of long service leave entitlement); • the amount calculated under s 3.14, which is the total of the amounts paid to the authority under s 56 for 983 days (2.69 years) of service as a registered voluntary member (ie it took 983 days of service as a registered voluntary member to accrue the next 2.335 weeks of long service leave entitlement) and the interest under s 3.14 on those amounts. 3.13 Leave payments for service as registered employee— (1) For section 3.12, the amount payable to a registered worker for long community sector industry is the amount worked out as follows:

Section 3.13 Harry has worked in the community sector industry for 5 years. The periods in par (b) (i), (ii) and (iii) apply to Harry because he has completed more than 20 quarters (or 5 years) relevant service. Harry’s average weekly income for the 2 quarters before the designated day is $283. His weekly averages for the 4 and 20 quarters before the designated day are $427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of the weekly averages.

Section 3.14 3.14 Leave payments for service as registered voluntary member—community sector industry (1) For section 3.12 (How are leave payments worked out for the community sector industry?), the amount payable to a registered worker for the community sector industry for long service leave for service accrued as a registered voluntary member is the total of the following for the service: (a) if the community sector industry scheme funds invested made a return—75% of the rate of the return for the financial year in which the determination is made; or

Section 3.15 3.15 Payments by authority on reciprocal authority’s behalf— (1) This section applies to a registered worker for the community sector industry who has a long service leave entitlement under this Act and a corresponding law. law. 3.16 Payments by reciprocal authority on authority’s behalf— for work done in the community sector industry. employee in the workers register and to which the payment relates.

Section 3.18 amount payable to the worker for the service credited to the worker in the State. 3.18 Records of payments and service—community sector (a) pays an amount to a registered worker for the community sector industry under section 3.10 (Payments for leave—community sector industry) or section 3.11 (Payments instead of leave— community sector industry); or (b) reimburses a reciprocal authority under section 3.16 (Payments by reciprocal authority on authority’s behalf—community sector industry) for an amount paid to a registered worker. relating to the service period for which the worker has been paid. (a) the period of the service; and 3.19 Public holidays etc not to count as leave—community (1) This section applies if a public holiday or industry holiday falls during a period of long service leave taken by a registered worker for the community industry. holiday and industry holiday.

Section 3.19 industry holiday means a day that is a holiday for people employed in the community sector industry under a fair work instrument made under the Fair Work Act 2009 (Cwlth).

Section 4.1 Schedule 4 Long service leave payments— 4.1 What is the security industry? (1) The security industry is— (a) in relation to the ACT—the industry in which security activities are undertaken by people licensed to undertake the activities under the Security Industry Act 2003; and (2) In this section— security activity means an activity within the meaning of the Security Industry Act 2003, section 7 (1) (a) to (h). Note Stated people, including a custodial officer and a police officer, are exempt from the application of the Security Industry Act 2003 (see that Act, s 9 and Security Industry Regulation 2003, s 6 (1)). Those stated people are not undertaking a security activity for the purposes of this Act. 4.2 What is security work? security work means work carried out in the security industry. Note The Minister may declare work or an activity to be work in the security industry (see s 12 (2) (d)) or to not be work in the security industry (see s 13 (2) (d)).

Section 4.3 4.3 Recognised service—security industry recognised service, for a registered worker in the security industry, means the total number of days of service credit for all of the service periods of the worker less any days of service credit that the worker— (2) A registered worker for the security industry is taken to have completed a year of recognised service for each 365 days of 4.4 Court or tribunal—not employer A court or tribunal is not an employer for the security industry. Note A covered industry schedule may prescribe an entity not to be an employer for the covered industry—see s 7 (3) (e). 4.5 Service credit—security industry—s 64 (1) A registered worker for the security industry is to be credited in the workers register with 1 day of service for each day (including a day when the worker does not carry out security work) in each service period of the worker on or after the worker’s registration day. period for the worker when the worker does not carry out security work.

Section 4.5A 4.5A Service period—security industry security industry is a continuous period—

Section 4.6 4.6 Long service leave formula—security industry The following is the long service leave formula for the security W means the number of weeks long service leave held by the worker. 4.7 Amount of leave—security industry (1) A registered worker for the security industry who has 7 years or more recognised service is entitled to the number of days of workers long formula for the security industry. (2) A registered worker for the security industry is entitled to additional long service leave worked out in accordance with the long service leave formula for the security industry if the worker— (a) becomes entitled to long service leave under this Act for work done in the industry; and

Section 4.8 4.8 Grant of leave by employers—security industry (1) The employer of a registered employee for the security industry (3) The employer of a registered employee for the security industry (i) not later than 2 months after the day when the long service leave starts; or employee for the security industry of an employer, means—

Section 4.9 employee, a period longer than 6 months—the period allowed by the board; or 4.9 Entitlement to payment instead of leave—security (1) This section applies to a registered worker for the security industry if the worker has 5 years recognised service and— (a) all of the following apply: (i) the worker has permanently left the industry; (ii) 20 weeks have passed since the day the worker permanently left the industry; (iii) the worker has not been credited with service in the workers register for any of the days in the 20-week period; or (b) any of the following apply: (i) the worker has left the industry because of total incapacity; (ii) the worker has reached the prescribed retiring age; (iii) the worker has died. (2) If the governing board is satisfied that this section applies to the for the amount of long service leave worked out in accordance with the long service leave formula.

Section 4.10 prescribed retiring age— 4.10 Payments for leave—security industry (1) A registered employee for the security industry who has been granted long service leave under section 4.8, or a registered voluntary member for the industry who is entitled to long service leave, may apply to the authority for payment for the leave. section 4.12 (How are leave payments worked out for the security industry?) if the registrar is satisfied that— work done in the security industry; and

Section 4.11 4.11 Payment instead of leave—security industry (1) If a registered worker for the security industry is entitled to payment instead of long service leave under this Act, the worker may apply to the authority for the payment. (2) An application by a registered employee for the security industry on the ground that the employee has ceased work in the security industry because of total incapacity must be accompanied by a certificate of a doctor certifying that the employee is totally incapacitated for employment in the industry. subsection (2) to a medical examination by a doctor chosen by the board for that purpose from a panel of 3 doctors nominated by the Australian Capital Territory Branch of the Australian Medical Association. (5) If an applicant fails, without reasonable excuse to comply with a must pay to the applicant the amount payable under section 4.12. 4.12 How are leave payments worked out for the security (1) For section 4.10 and section 4.11, the amount payable to a registered worker for, or instead of, long service leave is— section 4.13; and

Section 4.12 section 4.14. Sam has 7 years of service in the security industry giving Sam an entitlement to 6.0669 weeks long service leave. Sam first worked in the industry as a registered employee and accrued 4.3335 weeks of the entitlement in that capacity. Sam then worked as a registered voluntary member and accrued 1.7334 weeks of the Sam decides to take 6.0669 weeks long service leave. The payment for the leave is the total of the following amounts: • the amount calculated under s 4.13 where ‘D’ is 1825 (ie it took 1825 days of service as a registered employee to accrue the first 4.3335 weeks of long service leave entitlement); • the amount calculated under s 4.14, which is the total of the amounts paid to the authority under s 56 for 730 days (2 years) of service as a registered voluntary member (ie it took 730 days of service as a registered voluntary member to accrue the next 1.7334 weeks of long service leave entitlement) and the interest under s 4.14 on those amounts.

Section 4.13 4.13 Leave payments for service as registered employee— For section 4.12, the amount payable to a registered worker for long security industry is the amount worked out as follows:

Section 4.14 Danijela has worked in the security industry for 5 years. The periods in par (b) (i), (ii) and (iii) apply to Danijela because she has completed more than 20 quarters (or 5 years) relevant service. Danijela’s average weekly income for the 2 quarters before the designated day is $283. Her weekly averages for the 4 and 20 quarters before the designated day are $427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of the weekly averages. 4.14 Leave payments for service as registered voluntary member—security industry (1) For section 4.12 (How are leave payments worked out for the security industry?), the amount payable to a registered worker for the security industry for long service leave for service accrued as a registered voluntary member is the total of the following for the service: (a) if the security industry scheme funds invested made a return— 75% of the rate of the return for the financial year in which the determination is made; or

Section 4.15 4.15 Payments by authority on reciprocal authority’s behalf— (1) This section applies to a registered worker for the security industry who has a long service leave entitlement under this Act and a corresponding law. law. 4.16 Payments by reciprocal authority on authority’s behalf— for work done in the security industry.

Section 4.18 D means the number of days of service credited to the person in the workers register for service as an employee and to which the payment relates. amount payable to the person for the service credited to the person in the State. 4.18 Records of payments and service—security industry (a) pays an amount to a registered worker for the security industry under section 4.10 (Payments for leave—security industry) or section 4.11 (Payment instead of leave—security industry); or (b) reimburses a reciprocal authority under section 4.16 (Payments by reciprocal authority on authority’s behalf—security industry) for an amount paid to a registered worker for the industry. relating to the period of service for which the worker has been paid. (a) the period of service; and

Section 4.19 4.19 Public holidays not to count as leave—security industry service leave taken by a registered employee for the security industry.

(see s 80, def reviewable decision) item 1 31 (1) (b) refuse to allow for application for registration by employer 2 32 (2) refuse to register person as employer person registrar 3 37 (4) (b) confirm registrar’s decision to refuse to register applicant as 4 45 (3) (a) confirm registrar’s decision to refuse to register applicant as worker person governing 5 47 refuse to credit employee with prior service employee governing 6 47 amount of prior service credited employee governing

Reviewable decisions Schedule 5 item 7 48 refuse to credit member with prior service 8 48 amount of prior service credited 9 49 (2) (b) (ii) refuse to allow 10 49A (1) (b) refuse to allow 11 49A (3) refuse to waive all or part of late fee payable by 12 52 (3) refuse to waive all or part of interest payable by employer 13 54 (1) (b) refuse to allow registered registered registrar

item 14 60 (4) (b) fix another amount as the total ordinary remuneration of worker for quarter • worker • if the worker is an employee— the worker’s 15 63 (2) (b) refuse to allow for person to pay amount person registrar 16 66 (1) (b) refuse to direct registrar to re- register person person governing 17 69 (4) allow, or refuse to allow, objection to matter in certificate given to worker under s 67 • worker • if the worker is an employee— the worker’s 18 69 (4) allow, or refuse to allow, objection to matter in certificate given to employer under s 68 • employer • employee to whom objection relates 19 89 (2) (b) not satisfied that amount paid by employer was properly paid

Reviewable decisions Schedule 5 item 20 89A (2) refuse reimbursement of direct payment of long service leave 21 sch 1, 1.7 (5) (b), sch 2, 2.7 (5) (b), sch 3, 3.8 (5) (b) or sch 4, 4.8 (5) refuse to allow additional period 22 sch 1, 1.8 (3), sch 2, 2.8 (3), sch 3, 3.9 (2), or sch 4, 4.9 (2) section applies to applicant 23 sch 1, 1.9 (2), sch 2, 2.9 (2), sch 3, 3.10 (2) or sch 4, 4.10 (2) (a) applicant entitled to long service leave 24 sch 1, 1.10 (6), sch 2, 2.10 (6), sch 3, 3.11 (6) or sch 4, 4.11 (6) applicant entitled to payment instead of long service leave

(see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • administrative unit • contravene • director-general (see s 163) • disallowable instrument (see s 9) • document • Executive • exercise • function • head of service • in relation to • public holiday • public servant • reviewable decision notice • State • territory authority • territory law • the Territory. accommodation and food services industry—see schedule 2, section 2.1 (1) (a) (iii). apprentice means an apprentice other than a school-based apprentice. at premises, for part 8 (Enforcement)—see section 70. authority means the Long Service Leave Authority established under section 79A. building and construction industry—see schedule 1, section 1.1.

building and construction work—see schedule 1, section 1.2. community sector industry—see schedule 3, section 3.1. community sector work—see schedule 3, section 3.2. corresponding law means a law of the Commonwealth or a State about long service leave. covered industry—see section 6. covered industry schedule means— (a) for the building and construction industry—schedule 1; and (b) for the services industry—schedule 2; and (c) for the community sector industry—schedule 3; and (d) for the security industry—schedule 4. day—see section 14. decision-maker, for a reviewable decision, for part 9 (Notification and review of decisions)—see section 80. employee—see section 9. employer—see section 7. employers register—see section 30. governing board means the governing board of the authority established under section 79E. hairdressing and beauty services industry—see schedule 2, section 2.1 (1) (a) (ii). internally reviewable decision, for part 9 (Notification and review of decisions)—see section 80A (1).

long service leave formula— (a) for the building and construction industry—see schedule 1, section 1.5; and (b) for the services industry—see schedule 2, section 2.5; and (c) for the community sector industry—see schedule 3, section 3.6; and (d) for the security industry—see schedule 4, section 4.6. occupier, for part 8 (Enforcement)—see section 70. ordinary remuneration— (a) means salary or wages, and allowances, paid or payable to a worker for work; and (b) includes worker’s compensation payments made to a worker by the worker’s employer; but (c) does not include— (i) amounts paid to the worker for— (A) working overtime; or (B) reimbursement for expenses incurred by the worker; or (C) the use of materials, equipment or a motor vehicle provided by the worker; or (ii) allowances paid to the worker for travel, meals, or protective clothing; or (iii) amounts paid to the worker on termination of employment including— (A) payment in lieu of notice; and (B) lump sum payment for accrued leave; and (C) redundancy; or

(iv) superannuation contributions made by the worker’s premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle. quarter—see section 48A. reciprocal agreement—see section 90. reciprocal authority means the entity under a corresponding law that administers the scheme of long service benefits established by the law. reciprocating State means a State in relation to which a reciprocal agreement is in force. recognised service, for a registered worker— (a) in the building and construction industry—see schedule 1, section 1.3 (1); and (b) in the services industry—see schedule 2, section 2.3 (1); and (c) in the community sector industry—see schedule 3, section 3.3 (1); and (d) in the security industry—see schedule 4, section 4.3 (1). registered employee means an employee who is a registered worker. registered employer means a person who is registered under section 34. registered voluntary member means a voluntary member who is a registered worker means an individual who is registered under section 46.

registrar means the chief executive officer of the authority within the meaning of the Financial Management Act 1996, dictionary, definition of chief executive officer. registration day, in relation to a worker—see section 15. reviewable decision, for part 9 (Notification and review of decisions)—see section 80. school-based apprentice means an apprentice to whom a school-based training arrangement, undertaken as part of a course of secondary education, applies. security industry—see schedule 4, section 4.1. security work—see schedule 4, section 4.2. service, for a registered worker for a covered industry, means service in the covered industry. service period, for a registered worker— (a) in the building and construction industry—see schedule 1, section 1.4A (1); and (b) in the services industry—see schedule 2, section 2.4A (1); and (c) in the community sector industry—see schedule 3, section 3.5A (1); and (d) in the security industry—see schedule 4, section 4.5A (1). services industry—see schedule 2, section 2.1. services work—see schedule 2, section 2.2. staff of the authority, for part 8A (Administration)—see section 79J. voluntary member—see section 10. work, in a covered industry—see section 11. worker—see section 8. workers register—see section 39.

About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.