Portable Long Service Leave Act 2024
Part 3Registration
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Part 3—Registration Division 1—Registration of employers 24—Industry board to register employers An industry board must keep a register of employers in its designated sector. 25—Application for registration as registered employer (1) An employer who employs 1 or more designated workers must apply for registration on the register of employers for the relevant designated sector. (2) The application must be made to the industry board for the designated sector. (3) The application must— (a) be made in the approved form; and (b) include, or be accompanied by, any information required by the approved form; and (c) be made within the prescribed period after the employer becomes an employer in the industry board's designated sector. (4) An industry board may, by written notice, request an applicant to do the following things within a reasonable time stated in the notice: (a) provide further information or documents relevant to the application; (b) verify information or documents forming part of the application including by statutory declaration. (5) An applicant must comply with a request made under subsection (4) within the stated time, unless the applicant has a reasonable excuse. (6) An employer must not contravene a requirement under this section. 26—Information to be entered in register (1) An industry board must enter the day on which an employer becomes registered as an employer by the board in relation to its designated sector in its register of employers. (2) An industry board may also enter any other information in the register the board considers necessary or convenient for the administration of this Act. 27—Employer to give notice of change to information (1) A registered employer must give notice to an industry board about any change to the information given to the industry board by the employer for the purposes of, or in connection with, its registration within 28 days after the change happens. (2) A notice under subsection (1) must be in the approved form. (3) A registered employer must not contravene a requirement under this section. 28—Industry board may require information or documents from employer (1) This section applies if an industry board believes that a person is or was an employer in its designated sector, but the person is not registered on its register of employers. (2) The industry board may, by written notice given to the person, require the person to give the industry board the information or documents stated in the notice that are necessary to enable the industry board to decide whether the person is or was an employer in its designated sector. (3) The person must not fail to comply with the notice within the stated time. (4) If the industry board decides that the person is an employer in its designated sector, the industry board must— (a) register the person on its register of employers; and (b) give the person notice of the registration. (5) This section does not limit the power of an industry board to require the provision or production of information under another section. 29—Cancellation of registration (1) A registered employer may, by notice in the approved form, apply to an industry board for the cancellation of the employer's registration if the registered employer stops employing workers in the board's designated sector. (2) The industry board must consider the application and decide to— (a) grant the application and cancel the employer's registration; or (b) refuse to grant the application. (3) If the industry board decides to grant the application, the board must— (a) give the employer written notice of its decision; and (b) enter in the board's register of employers that the employer is not a registered employer in its designated sector. (4) If the industry board refuses to grant the application, the board must give the employer written notice of its decision in accordance with the regulations. (5) Nothing in this section requires an industry board to remove information from a register that the board considers should be retained for the purposes of the administration of this Act. Division 2—Registration of workers 30—Industry board to register workers (1) An industry board must keep a register of designated workers in its designated sector. (2) The industry board will register a designated worker on the register on account of— (a) information provided to the board by an employer under this Act; or (b) an application made to the board by the worker. (3) An application under subsection (2)(b) must— (a) be made in the approved form; and (b) include, or be accompanied by, any information required by the approved form. (4) An industry board may, by written notice, request an applicant to provide further information or documents relevant to the application. 31—Information to be entered in register (1) An industry board must enter the day on which a person becomes a designated worker in relation to its designated sector in its register of designated workers. (2) An industry board may also enter any other information in the register the board considers necessary or convenient for the administration of this Act. 32—Worker may give notice of change to information (1) A registered designated worker may give notice to an industry board about any change to the information on the board's register of designated workers that relates to the designated worker. (2) A notice under subsection (1) must be in the approved form. Division 3—Related provisions 33—Related provisions (1) Without limiting any other provision, an industry board may amend a register at any time in order to ensure that the register is kept up to date. (2) A register will be kept by an industry board in such form as the board thinks fit (including in electronic form). (3) A register of employers must be kept available for inspection, without fee, in accordance with the regulations and a copy of an entry on a register of employers may be obtained on payment of the prescribed fee. (4) A designated worker, or a person acting on behalf of a designated worker, may inspect an entry on a register of designated workers that relates to the designated worker, without fee, and may obtain a copy of such an entry on the register on payment of the prescribed fee.