Long Service Leave Act 1976 (ACT)
Long Service Leave Act 1976
A1976-27
Republication No 29
Effective: 19 November 2025
Republication date: 19 November 2025
Last amendment made by A2025‑30
About this republication
The republished law
This is a republication of the Long Service Leave Act 1976 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 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 type="disc">
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 ( 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).
Long Service Leave Act 1976
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
2A Notes 2
2BOffences against Act—application of Criminal Code etc 3
Part 2 Important concepts
2C Commission recipients may be employees 4
2D Benefits under this Act and LSL (BCI) Act 4
2E Benefits under this Act and LSL (CCI) Act 4
2EA Benefits under this Act and LSL (PS) Act 5
2F Working out remuneration—employee also receives commission 5
2G Periods of service 6
3 Entitlement to long service leave 8
4 Amount of long service leave 8
6 Grant of leave 8
7 Payment for leave 9
8 Manner of payment for leave 9
9 Public holidays not to count as leave 10
10 Service not affected by transmission of business 11
10A Continuity of service in certain cases 11
11 Service with associated companies 12
11A Pay in lieu of long service leave 12
11C Pro rata long service leave entitlement 13
11D Calculation of ordinary remuneration 14
12 Long service leave records 15
Part 3 Administration and enforcement
12A Definitions—pt 3 17
13 Registrar of long service leave 17
13A Appointment of authorised officers 18
13B Identity cards 18
13C Powers of authorised officer to enter premises 18
13CA Production of identity card 19
13CB Consent to entry 19
13CC Power to obtain, inspect and copy information 20
13CD Abrogation of privilege against self-incrimination 21
13CE Warning to be given 22
13D Complaints 22
13E Notice to comply with Act 23
13F Internal review by registrar 23
13G Review by ACAT 24
13J Liability 24
13K Delegation by registrar 24
Part 4 Miscellaneous
14 No contracting out 25
18 Regulation-making power 25
Dictionary26
Endnotes
1 About the endnotes 29
2 Abbreviation key 29
3 Legislation history 30
4 Amendment history 35
5 Earlier republications 41
Long Service Leave Act 1976
An Act relating to long service leave
Part 1Preliminary
Name of Act
This Act is the Long Service Leave Act 1976.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The 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 ‘period of service—see section 2G.’ means that the term ‘period of service’ is defined in that section.
Note 2A 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)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
2BOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal 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 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Important concepts
2CCommission recipients may be employees
A person may be an employee for this Act even though the person is paid completely or partly by commission.
2DBenefits under this Act and LSL (BCI) Act
(1)This section applies to an employee who—
(a)was registered under the LSL (BCI) Act; and
(b)has elected under that Act to take long service benefits under that Act for a period stated by the employee.
(2)The employee’s election does not prevent the employee from receiving benefits under this Act.
(3)However, the employee is not entitled to a benefit under this Act for a period for which the employee has received a benefit under the LSL (BCI) Act.
(4)In this section:
LSL (BCI) Act means the Long Service Leave (Building and Construction Industry) Act 1981.
2EBenefits under this Act and LSL (CCI) Act
(1)This section applies to an employee who—
(a)was registered under the LSL (CCI) Act; and
(b)has elected under that Act to take long service benefits under that Act for a period stated by the employee.
(2)The employee’s election does not prevent the employee from receiving benefits under this Act.
(3)However, the employee is not entitled to a benefit under this Act for a period for which the employee has received a benefit under the LSL (CCI) Act.
(4)In this section:
LSL (CCI) Act means the Long Service Leave (Contract Cleaning Industry) Act 1999.
2EABenefits under this Act and LSL (PS) Act
(1)This section applies to an employee who—
(a)is registered under the LSL (PS) Act; and
(b)has elected under that Act to take long service leave benefits under that Act for a period stated by the employee.
(2)The employee’s election does not prevent the employee from receiving benefits under this Act.
(3)However, the employee is not entitled to a benefit under this Act for a period for which the employee received a benefit under the LSL (PS) Act.
(4)In this section:
LSL (PS) Act means the Long Service Leave (Portable Schemes) Act 2009.
2FWorking out remuneration—employee also receives commission
(1)To work out the ordinary remuneration of an employee who, during a year, is paid completely by commission, or partly by salary or wages and partly by commission—
(a)the employee is taken to be paid completely by salary or wages throughout the year; and
(b)the amount payable for salary or wages to the employee in relation to a week in the year is taken to be the following:
(2)In this section:
total payable, for a year, means the total amount payable to the employee for the year as commission, salary or wages.
2GPeriods of service
(1)In this Act:
period of service, as an employee, means a period of continuous service as the employee of a particular employer.
(2)However, in working out an employee’s period of service, the following interruptions of the period of service do not break the continuity of service:
(a)an interruption caused by an industrial dispute if the employee returns to the service of the employer in accordance with the terms of settlement of the dispute;
(b)a period when an employee is stood down by his or her employer because of slackness of trade if the employee is re-employed by the employer within 6 months after the day the employee is stood down;
(c)a period, other than a period mentioned in the dictionary, definition of continuous service, paragraph (a) or (b), when the employee is absent with the employer’s leave;
(d)a period when the employee is absent because of injury arising out of or in the course of the employment;
(e)any other interruption, including ending of service by the employer (other than with the intention of avoiding the granting of long service leave), if the employee returns to the employer’s service within 2 months after the day the service is interrupted;
(f)service by the employee as a member of the Defence Force, other than as a member rendering continuous full-time service;
(g)a period of service when the employee is temporarily outside the ACT if the service would be continuous service if the employee were inside the ACT.
(3)Also, an interruption of an employee’s service of longer than 2 months does not break the continuity of service if the interruption is caused by the seasonal nature of the work.
(4)For subsection (2) (f), the service by the employee as a member of the Defence Force is taken to be service with the person by whom the employee was employed immediately before the employee began to serve as a member of the Defence Force.
(5)To remove any doubt, the period of the interruption under subsection (2) or (3) (other than a period mentioned in subsection (2) (f) or (g)) must not be taken into account in working out the total period of service.
Example
Fiona starts work in the cosmetics department of Desmond James (‘DJ’s’), a department store, on 1 January 1992. She works there until 31 December 1994, when she quits to take up a position with Gray’s Brothers, a competing department store. She doesn’t like the new manager and returns to her old job at DJ’s on 1 February 1995. On 1 June 1995 there is a strike which continues till 30 September 1995, after which Fiona returns to work in accordance with the terms of settlement of the dispute. On 1 August 1999 Fiona injures herself at work and is unable to return to work until 1 December 1999. The cumulative absences of 9 months do not count as service, postponing her entitlement, but do not break continuity of service. Her 10 years long service leave falls due on 1 October 2002.
Entitlement to long service leave
(1)An employee who has completed 7 years service with a single employer is entitled to long service leave for the period of the service.
(2)An employee is entitled to long service leave for each year of service completed by the employee after the end of the 7th year of service.
(3)An employee’s entitlement to long service leave for a period of service arises at the end of the period.
Amount of long service leave
An employee accrues long service leave at the rate of 1/5 of a month’s leave for each year of service.
Grant of leave
(1)An employer commits an offence if—
(a)an employee of the employer becomes entitled to 4 weeks or more of long service leave; and
(b)the employer does not grant the leave—
(i)as soon as practicable, having regard to the needs of the employer’s business, after the employee becomes entitled to the leave; or
(ii)if the employer and employee agree—at another time or times.
Maximum penalty: 50 penalty units.
(2)An employer commits an offence if the employer does not, at least 60 days before the date from which long service leave is to be taken, give the employee written notice of the date.
Maximum penalty: 50 penalty units.
(3)Subsection (2) does not apply if the employee agrees otherwise.
(4)An offence against this section is a strict liability offence.
Payment for leave
(1)Payment for long service leave shall be made at the rate of an amount equivalent to the ordinary remuneration the employee would have received in respect of the period of leave if he or she had not taken the leave.
(2)In the case of an employee who is a part-time employee or casual employee, the ordinary remuneration shall be calculated by multiplying the average number of hours worked each week by the employee during the period of 12 months immediately preceding the day on which the employee became entitled to the leave by the ordinary remuneration of the employee on that day.
(3)If, within the period of 2 years immediately before the date on which an employee becomes entitled to long service leave in respect of a period of service, the employee ceases to be employed full time and is employed part time or as a casual employee, the ordinary remuneration for long service leave shall be calculated by dividing by 5 the total amount of salary or wages paid to the employee in the period of 5 years ending on his or her becoming so entitled.
Manner of payment for leave
(1)An employer commits an offence if the employer does not pay an employee for long service leave—
(a)in advance for the whole period of the long service leave; or
(b)at the same times as the employer would have paid the employee if the employee had not taken the leave and, if the employee asks for it, by cheque posted to an address the employee nominates; or
(c)if the employer and the employee agree—in another way.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)If, after payment in respect of long service leave is made in accordance with subsection (1), the amount of ordinary remuneration payable under an award or agreement to the employee increases, payment of that increase shall—
(a)if payment was made under subsection (1) (a)—be made to the employee as soon as practicable on completion of that leave; or
(b)if payment was made under subsection (1) (b)—be made to the employee in accordance with that paragraph; or
(c)if payment was made under subsection (1) (c)—be made in such manner as is agreed by the employer and the employee, or in the absence of such agreement, as soon as practicable on completion of that leave.
Public holidays not to count as leave
(1)This section applies if a public holiday or an award holiday falls during a period of long service leave taken by an employee.
(2)The period of long service leave is increased by 1 day for each such holiday.
(3)In this section:
award holiday means a day that is, under an award or agreement, a holiday for people employed in an industry.
Service not affected by transmission of business
Where, before or after the date of commencement of this Act, a business is transmitted from 1 employer to another and a person who was, immediately before the transmission, an employee of the first employer becomes, immediately after the transmission, an employee of the second employer—
(a)the period of service of the employee shall be deemed not to have been interrupted; and
(b)the period of service of the employee with the first employer shall be deemed to be service with the second employer.
10AContinuity of service in certain cases
(1)Where—
(a)a contract for the supply of services by 1 party to the contract (the first contractor) on behalf of the other party to the contract (the principal) has been discharged; and
(b)the principal enters into another contract with a person other than the first contractor for the supply of those services on its behalf by that other person (the second contractor); and
(c)that other contract imposes an obligation on the second contractor to the effect that, so far as practicable, the second contractor shall employ, in supplying those services, persons whose employment with the first contractor ceased because of the discharge of the firstmentioned contract; and
(d)under that obligation the second contractor employs such a former employee of the first contractor; and
this section applies to that former employee.
(2)Where this section applies to a person, the aggregate of the periods of service by the person for the first contractor and the second contractor shall, for this Act, be taken to be 1 period of service for the second contractor.
Service with associated companies
Where, over a continuous period, an employee has been employed by 2 or more companies each of which is an associated company, the employee is entitled to long service leave as if he or she had, during the whole of the period of service, been employed by the company by which he or she is employed at the date at which his or her long service leave accrues.
11APay in lieu of long service leave
(1)For this section, the long service leave credit of a person is the amount of long service leave that has accrued to the person less the amount of long service leave granted to the person.
(2)Where—
(a)a person’s employment ceases for any reason; and
(b)the person had a long service leave credit immediately before the employment ceased;
the employer shall pay the amount ascertained in accordance with subsection (3)—
(c)to the person; or
(d)if the person is dead—to the legal personal representative of the deceased person.
(3)The amount payable is an amount that is equal to the amount of ordinary remuneration that, but for the cessation of employment, would have been payable by the employer under section 7 to the person for a period of service equal to the period of the person’s long service leave credit immediately before the cessation of employment.
(4)An employer commits an offence if the employer—
(a)is required to pay an amount under subsection (2); and
(b)does not pay the amount within 90 days after the day the person’s employment ceases.
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
11CPro rata long service leave entitlement
(1)Where—
(a)a person’s employment is terminated—
(i)by the person because of illness or incapacity or a domestic or other pressing necessity of such a nature to justify the termination; or
(ii)by the person upon or after attaining the minimum retiring age; or
(iii)by the death of the person; or
(iv)by the employer for a reason other than the person’s serious and wilful misconduct; and
(b)the person had completed a period of service in that employment of at least 5 years but less than 7 years;
the employer shall pay the amount ascertained in accordance with subsection (2)—
(c)to the person; or
(d)if the person is dead—to the legal personal representative of the deceased person.
(2)The amount payable is an amount that is equal to the amount of ordinary remuneration that, but for the cessation of employment, would have been payable by the employer to the person for a period of service equal to the period that bears to 2 months the same proportion as the number of years or months of service completed by the person bears to 10 years.
(3)In this section:
minimum retiring age, in relation to a person, means—
(a)if a minimum retiring age applies to the person under an award or agreement—the age fixed by the award or agreement; and
(b)in any other case—the age of 65 years.
11DCalculation of ordinary remuneration
For section 11A or 11C, the amount of ordinary remuneration that, but for the cessation of employment by a person, would have been payable by the employer to the person for a period of service referred to in that section shall be calculated—
(a)at the rate at which ordinary remuneration was payable to the person immediately before the cessation of employment; and
(b)if the person was a part-time employee or casual employee immediately before the cessation of employment—on the basis that during that period of service the person would have been employed for the number of hours per week that is equal to the average number of hours per week for which the employee was employed during the period of 12 months immediately before the cessation of employment.
Long service leave records
(1)An employer commits an offence if the employer does not, for each employee, keep a record of—
(a)the name, occupation and classification of the employee; and
(b)whether the employee is full-time, part-time or casual; and
(c)the employee’s ordinary remuneration, including the base rate of pay and any loading payable to the employee, and the purpose of the loading; and
(d)the number of hours the employee works each week; and
(e)the date when the employee starts as an employee; and
(f)any annual leave the employee takes; and
(g)the employee’s entitlement to long service leave; and
(h)long service leave granted, or payment instead of leave made, to the employee; and
(i)if the person ceases to be employed by the employer—the date when, and reason, the employee ceases to be employed; and
(j)the employee’s date of birth; and
(k)if overtime may be paid to the employee under an award or agreement—
(i)the number of hours the employee works each day; and
(ii)when the employee starts and stops work; and
(l)the name of each award or agreement under which the employee has entitlements.
Maximum penalty: 20 penalty units.
(2)An employer must keep a record made under subsection (1) for an employee—
(a)if the employee’s service ends on the employee’s death—for 7 years after the day all amounts owing to the employee’s legal personal representative are paid; and
(b)in any other case—for 7 years after the day the employee’s service ends.
Maximum penalty: 20 penalty units.
(3)An employer commits an offence if—
(a)an authorised officer asks to inspect a record kept for this section; and
(b)the employer does not make the record available for inspection by the authorised officer at the employer’s usual place of business during hours when the employer’s business is normally conducted at the place.
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
Part 3Administration and enforcement
12ADefinitions—pt 3
In this part:
at premises includes in or on the premises.
occupier, of premises, includes—
(a)a person an authorised officer believes on reasonable grounds to be the occupier of the premises; and
(b)a person apparently in charge of the premises.
premises includes any land, structure or vehicle and any part of land, a structure or a vehicle.
Registrar of long service leave
(1)The director‑general must appoint a public servant as the registrar of long service leave.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)The registrar of long service leave has—
(a)the functions directed by the Minister; and
(b)any other function given to the registrar under this Act.
Note 1A 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).
Note 2A 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).
13AAppointment of authorised officers
The director‑general may appoint a public servant to be an authorised officer for this Act.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
13BIdentity cards
(1)The director‑general must give an authorised officer an identity card stating the person’s name and position.
(2)The identity card must show—
(a)a recent photograph of the person; and
(b)the card’s date of issue and expiry; and
(c)anything else prescribed by regulation.
(3)A person commits an offence if—
(a)the person stops being an authorised officer; and
(b)the person does not return the person’s identity card to the director‑general as soon as practicable but no later than 7 days after the day the person stops being an authorised officer.
Maximum penalty: 1 penalty unit.
(4)An offence against this section is a strict liability offence.
13CPowers of authorised officer to enter premises
(1)For this Act, an authorised officer may—
(a)at any reasonable time, enter premises that the authorised officer 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 of money); or
(c)at any time, enter premises with the occupier’s consent.
(2)However, subsection (1) (a) and (b) does not authorise entry into a part of the premises that is being used only for residential purposes.
(3)For the purpose of seeking consent to enter a building or other structure on the premises, an authorised officer may, without the occupier’s consent, enter any land that forms part of the premises.
(4)To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of an entry fee or other charge.
(5)An authorised officer may enter the premises with 1 or more people who, in the opinion of the authorised officer, have knowledge or skills that could assist the authorised officer to carry out their functions.
13CAProduction of identity card
An authorised officer must not remain at premises entered under this part if the officer does not produce their identity card when asked by the occupier.
13CBConsent to entry
(1)When seeking consent to entry under section 13C (1) (c) (Powers of authorised officer to enter premises), an authorised officer must—
(a)produce the officer’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 as evidence in court; and
(iii)that consent may be refused.
(2)If the occupier consents, the authorised officer must ask the occupier to sign a written acknowledgment of consent stating—
(a)that the occupier was told—
(i)the purpose of the entry; and
(ii)that anything found under this part may be used as evidence in court; and
(iii)that consent may be refused; and
(b)that the occupier consented to the entry; and
(c)the time and date consent was given.
(3)If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier.
(4)A court must find that an occupier did not consent if—
(a)a question arises in a proceeding before the court about whether the occupier consented to the authorised officer entering the premises under this part; and
(b)an acknowledgment of consent is not produced in evidence; and
(c)it is not proved that the occupier consented to the entry.
13CCPower to obtain, inspect and copy information
(1)An authorised officer may, in writing, direct a person to give the officer information, a document or other thing within a stated reasonable period if the information, document or thing is reasonably required by the officer for this Act.
(2)An authorised officer who enters premises under this part may do 1 or more of the following in relation to the premises or anyone at the premises:
(a)examine anything;
(b)take images, make audio or video recordings or any other kind of record;
(c)if reasonably required by the authorised officer to exercise a power under this part, direct the occupier or anyone at the premises to do 1 or more of the following:
(i)give information, a document or other thing (including information, a document or a thing not at the premises);
(ii)produce a document or other thing (including a document or other thing not at the premises);
(iii)answer a question;
(iv)give the authorised officer reasonable help to exercise a power under this part.
NoteThe Legislation Act, s 171 deals with the application of client legal privilege.
(3)A person must take all reasonable steps to comply with a direction given under subsection (1) or (2) (c).
Maximum penalty: 50 penalty units.
13CDAbrogation of privilege against self-incrimination
(1)If an authorised officer directs a person to answer a question or to give information, a document or other thing under this part, the person is not excused from complying with the direction on the ground that doing so may—
(a)tend to incriminate the person; or
(b)expose the person to civil penalty.
(2)However, any information, document or thing obtained, directly or indirectly, because of the person’s compliance with the direction 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 information, document or thing.
13CEWarning to be given
(1)Before directing a person under section 13CC, an authorised officer must warn the person about the effect of—
(a)section 13CC (3); and
(b)section 13CD.
(2)It is not an offence for an individual to fail to comply with a direction 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).
13DComplaints
(1)Where a written complaint is made to the registrar by an employee, the registrar shall refer the complaint to an authorised officer.
(2)Where a complaint made by an employee—
(a)is made to an authorised officer; or
(b)is referred to an authorised officer under subsection (1);
the authorised officer may, by notice in writing, require the complainant and the employer to whom the complaint relates, to attend a conference at a place, date and time specified in the notice to endeavour to resolve the complaint.
(3)A conference shall be conducted in such a manner as the authorised officer thinks fit.
(4)Except with the consent of the authorised officer—
(a)an individual is not entitled to be represented at a conference by another person; and
(b)a body of persons (whether incorporated or unincorporated) is not entitled to be represented at a conference by a person other than a member, officer or employee of the body.
(5)In this section:
complaint means a complaint by an employee concerning his or her entitlements under this Act.
13ENotice to comply with Act
(1)An authorised officer may, by written notice, require an employer to comply with this Act within 28 days after the day the employer receives the notice.
(2)A person must comply with a requirement made of the person by an authorised officer under subsection (1).
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
13FInternal review by registrar
(1)An employer may apply to the registrar for review of a requirement made of the employer under section 13E.
(2)The application must—
(a)be in writing; and
(b)state the applicant’s name and address; and
(c)set out the applicant’s reasons for making the application.
(3)The registrar must—
(a)confirm the requirement; or
(b)vary the requirement; or
(c)set aside the requirement.
(4)If the registrar makes a decision under subsection (3), the registrar must give an internal review notice only to the applicant.
NoteThe requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
(5)In this section:
internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
13GReview by ACAT
(1)This section applies if the registrar makes a decision under section 13F (3) in relation to an employer.
(2)The registrar must give a reviewable decision notice only to the employer.
NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
(3)The employer may apply to the ACAT for review of the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
13JLiability
An action or other proceeding does not lie against the registrar or an authorised officer in relation to an honest act or omission in the exercise of his or her functions under this Act.
NoteA 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).
13KDelegation by registrar
The registrar may delegate to a person the registrar’s functions under this Act, other than the registrar’s powers under section 13F (Review of directions by registrar).
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Part 4Miscellaneous
No contracting out
(1)Subject to subsection (2), this Act has effect notwithstanding any award or agreement to the contrary.
(2)Nothing in this Act affects the operation of an award or agreement to the extent that the award or agreement confers upon an employee rights that are more advantageous to the employee than the rights conferred upon the employee by this Act.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· ACAT
· director‑general (see s 163)
· function
· month
· notifiable instrument (see s 10)
· public employee
· public holiday
· public servant
· reviewable decision notice.
agreement means an enterprise agreement made under the Fair Work Act 2009 (Cwlth).
approved training contract—see the Training and Tertiary Education Act 2003, dictionary.
associated company means a company that is a subsidiary, holding company or related body corporate under the Corporations Act, section 9.
at premises, for part 3 (Administration and enforcement)—see section 12A.
authorised officer means a person who is an authorised officer under section 13A.
award means a modern award or workplace determination made under the Fair Work Act 2009 (Cwlth).
casual employee means a person who is, from time to time offered regular and systematic employment on the basis that the offer of employment might be accepted or rejected and in circumstances where it could be expected by that person that further employment of the same type would or might be offered and accepted, but in respect of which there is no certainty about the period over which it would continue to be offered.
continuous service, in relation to an employee, includes—
(a)a period of annual leave or long service leave; and
(b)a period of leave, not exceeding 2 weeks in any 1 year, taken because of illness or injury; and
(c)a period during which the service of the employee is interrupted or ended by his or her employer with the intention of avoiding the granting of long service leave; and
(d)for an employee who begins service with an employer within 1 year after the day the employee’s apprenticeship, or an approved training contract, with the employer ends—the period of the apprenticeship or approved training contract.
employee—
(a)includes—
(i)a person who is remunerated at piecework rates; and
(ii)a part-time employee; and
(iii)a casual employee; but
(b)does not include—
(i)a public employee; or
(ii)a person employed by a member of the Legislative Assembly under the Legislative Assembly (Members’ Staff) Act 1989, section 10.
occupier, of premises, for part 3 (Administration and enforcement)—see section 12A.
ordinary remuneration, in relation to an employee, means the sum of—
(a)the salary or wages payable to the employee; and
(b)any allowances payable to the employee in respect of skill, qualifications, board and lodging; and
(c)any amounts payable to the employee under a bonus, performance pay or incentive scheme, being amounts that are usually paid to the employee with his or her salary or wages; and
(d)where the employee is provided with board and lodging by his or her employer, an amount equal to the value of that board and lodging.
period of service—see section 2G (Periods of service).
premises, for part 3 (Administration and enforcement)—see section 12A.
salary or wages does not include—
(a)payments in respect of overtime; or
(b)payments at penalty rates of pay; or
(c)allowances which, under an award or agreement, are not to be taken into account in determining a rate of remuneration in respect of overtime.
Endnotes
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.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Long Service Leave Ordinance 1976 A1976-27 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Long Service Leave Act 1976 A1976‑27
notified 16 June 1976
commenced 16 June 1976
as amended by
Long Service Leave (Amendment) Ordinance 1978 Ord1978‑20
notified 8 August 1978
commenced 8 August 1978
Long Service Leave (Amendment) Ordinance 1981 Ord1981‑24
notified 10 September 1981
commenced 10 September 1981
Ordinances Revision (Companies Amendments) Ordinance 1982 Ord1982‑38 sch 4
notified 30 June 1982
commenced 1 July 1982 (s 2)
Long Service Leave (Amendment) Ordinance 1987 Ord1987‑73
notified 22 December 1987
commenced 1 January 1988 (s 2)
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1
notified 10 May 1989 (Cwlth Gaz No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Statute Law Revision (Miscellaneous Provisions) Act 1993 A1993‑1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
sch 1 commenced 1 March 1993
Statute Law Revision (Penalties) Act 1994 A1994‑81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))sch commenced 29 November 1994 (s 2 (2) and see Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Statute Law Revision Act 1995 A1995‑46 sch
notified 18 December 1995 (Gaz 1995 No S306)
sch commenced 18 December 1995 (s 2)
Long Service Leave (Amendment) Act 1997 A1997‑68
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))remainder commenced 17 December 1997 (s 2 (2) and Gaz 1997 No S416)
Long Service Leave (Cleaning, Building and Property Services) Act 1999 A1999-85 s 69
notified 23 December 1999 (Gaz 1999 No S65)
pt 1, pt 2 commenced 23 December 1999 (s 2 (1))s 69 commenced 23 June 2000 (s 2 (3))
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 229
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 229 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 A2001-56 sch 3 pt 3.35
notified 5 September 2001 (Gaz 2001 No S65)
sch 3 pt 3.35 commenced 5 September 2001 (s 2 (1))
Vocational Education and Training Act 2003 A2003-37 sch 2 pt 2.5
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))sch 2 pt 2.5 commenced 1 November 2003 (s 2)
Long Service Leave Legislation Amendment Act 2003 A2003-45 pt 2
notified LR 2 October 2003
s 1, s 2 commenced 2 October 2003 (LA s 75 (1))pt 2 commenced 3 October 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.52
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.52 commenced 9 April 2004 (s 2 (1))
Long Service Leave Amendment Act 2005 A2005-22
notified LR 12 May 2005
s 1, s 2 commenced 12 May 2005 (LA s 75 (1))
ss 3-12, sch 1 commenced 13 May 2005 (s 2 and CN2005-5)remainder commenced 20 May 2005 (s 2 and CN2005-7)
Occupational Health and Safety Legislation Amendment Act 2005 A2005-38 s 5
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))s 5 commenced 31 August 2005 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.63
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.63 commenced 12 April 2007 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.9
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))sch 1 pt 1.9 commenced 1 July 2007 (s 2 and CN2007-3)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.71
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.71 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Long Service Leave Legislation Amendment Act 2008 A2008-43 pt 2
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
pt 2 commenced 10 September 2008 (s 2)Long Service Leave (Portable Schemes) Act 2009 A2009-25 sch 4 pt 4.2
notified LR 8 September 2009
s 1, s 2 commenced 8 September 2009 (LA s 75 (1))
sch 4 pt 4.2 commenced 1 January 2010 (s 2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.96
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.96 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.25
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))sch 3 pt 3.25 commenced 21 September 2011 (s 2 (1))
Public Sector Management Amendment Act 2019 A2019-36 sch 1
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
sch 1 commenced 11 October 2019 (s 2)COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.12
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))sch 1 pt 1.12 commenced 8 April 2020 (s 2 (1))
COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.19
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.19 commenced 14 May 2020 (s 2 (1))Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.32
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.32 commenced 23 June 2021 (s 2 (1))Workplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 3, sch 1 pt 1.2
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 3, sch 1 pt 1.2 commenced 19 November 2025 (s 2 (3))
Amendment history
Preliminary
pt 1 hdgins A2005‑22 s 4
Name of Act
s 1sub A2005‑22 s 4
Dictionary
s 2am Ord1981‑24 s 2; Ord1987‑73 s 4; A1997‑68 s 4; A1999‑85 s 69; ss renum R6 LA
defs reloc to dict A2005‑22 s 6
s 2 remainder om A2005‑22 s 7
pres s 2 ins A2005‑22 s 7
def approved training agreement ins A1997‑68 s 4
om A2003‑37 amdt 2.10
def associated company am Ord1982‑38 sch 4; A1995‑46 sch; A1997‑68 s 4
om A2005‑22 s 5
def award holiday om A2005‑22 s 5
def continuous service am A1997‑68 s 4; A2003‑37 amdt 2.12
om A2005‑22 s 5
def minimum retiring age am Ord1987‑73 s 4
om A2005‑22 s 5
def training agreement ins A1997‑68 s 4
om A2003‑37 amdt 2.14
Notes
s 2Ains A2005‑22 s 7
Offences against Act—application of Criminal Code etc
s 2Bins A2005‑22 amdt 1.1
Important concepts
pt 2 hdgins A2005‑22 s 7
Commission recipients may be employees
s 2Cins A2005‑22 s 7
Benefits under this Act and LSL (BCI) Act
s 2Dins A2005‑22 s 7
am A2008‑43 s 4; A2009‑25 amdt 4.3
Benefits under this Act and LSL (CCI) Act
s 2Eins A2005‑22 s 7
am A2008‑43 s 5; A2009‑25 amdt 4.4
Benefits under this Act and LSL (PS) Act
s 2EAins A2009‑25 amdt 4.5
Working out remuneration—employee also receives commission
s 2Fins A2005‑22 s 7
Periods of service
s 2Gins A2005‑22 s 7
am A2005‑38 s 5
Entitlement to long service leave
s3 sub Ord1987‑73 s 5
am A1997‑68 s 5
sub A2005‑22 s 8
am A2008‑43 s 6
Amount of long service leave
s4 sub Ord1987‑73 s 5; A2005‑22 s 8
Entitlement to payment in lieu of payment
s 5am Ord1978‑20
om Ord1987‑73 s 5
Grant of leave
s 6am Ord1978‑20; A1994‑81 sch; A1997‑68 s 6
sub A2005‑22 amdt 1.2
am A2008‑43 s 7, s 8; A2020‑11 amdt 1.47; A2020‑14 amdt 1.97
(3A)-(3C) exp 30 September 2022 (s 6 (3C))
Payment for leave
s 7am A1997‑68 s 7
Manner of payment for leave
s 8am Ord1978‑20; A1994‑81 sch; A1997‑68 s 8; ss renum R6 LA; A2005‑22 amdt 1.3; ss renum R10 LA (see A2005‑22 amdt 1.4); A2025‑30 s 5
Public holidays not to count as leave
s 9sub A2003‑45 s 4
am A2011‑28 amdt 3.165
Continuity of service in certain cases
s 10Ains Ord1987‑73 s 6
Pay in lieu of long service leave
s 11Ains Ord1987‑73 s 7
am A1997‑68 s 9; A2008‑43 s 9; A2025‑30 s 6
Pay for ineligible service after 7 years
s 11B hdgsub A2005‑22 s 9
s 11Bins Ord1987‑73 s 7
am A1997‑68 s 10
om A2008‑43 s 10
Pro rata long service leave entitlement
s 11Cins Ord1987‑73 s 7
am A1997‑68 s 11; A2003‑45 s 5; A2005‑22 s 10; A2011‑28 amdt 3.166
Calculation of ordinary remuneration
s 11Dins Ord1987‑73 s 7
am A1997‑68 s 12
Long service leave records
s 12am Ord1978‑20; A1994‑81 sch; A1997‑68 s 13; pars renum R6 LA
sub A2005‑22 amdt 1.5
Administration and enforcement
pt 3 hdgins A2005‑22 s 11
Definitions—pt 3
s 12Ains A2025‑30 s 7
def at ins A2025‑30 s 7
def occupier ins A2025‑30 s 7
def premises ins A2025‑30 s 7
Registrar of long service leave
s 13sub A1994‑97 sch pt 1; A1997‑68 s 13
am A2001‑44 amdt 1.2680, amdt 1.2681
sub A2005‑22 s 11
(3)-(5) exp 13 May 2006 (s 13 (5))
am A2011‑22 amdt 1.296; A2025‑30 amdt 1.2
Appointment of authorised officers
s 13Ains A1997‑68 s 14
sub A2005‑22 s 11
(2)-(4) exp 13 May 2006 (s 13A (4))
am A2011‑22 amdt 1.296; A2025‑30 amdt 1.2
Identity cards
s 13Bins A1997‑68 s 14
sub A2005‑22 amdt 1.6
(5)-(7) exp 13 May 2005 (s 13B (7))
am A2011‑22 amdt 1.296
Powers of authorised officer to enter premises
s 13Cins A1997‑68 s 14
sub A2025‑30 s 8
Production of identity card
s 13CAins A2025‑30 s 8
Consent to entry
s 13CBins A2025‑30 s 8
Power to obtain, inspect and copy information
s 13CCins A2025‑30 s 8
Abrogation of privilege against self-incrimination
s 13CDins A2025‑30 s 8
Warning to be given
s 13CEins A2025‑30 s 8
Complaints
s 13Dins A1997‑68 s 14
am A2001‑44 amdts 1.2682-1.2685; A2007‑3 amdt 3.350; A2021-12 amdt 3.77
Notice to comply with Act
s 13Eins A1997‑68 s 14
sub A2005‑22 amdt 1.7
Internal review by registrar
s 13Fins A1997‑68 s 14
sub A2008‑37 amdt 1.308
am A2021-12 amdt 3.77
Review by ACAT
s 13Gins A1997‑68 s 14
sub A2008‑37 amdt 1.308
Failing to comply with requirement of authorised officer
s 13H hdgsub A2004‑15 amdt 2.113
s 13Hins A1997‑68 s 14
am A2004‑15 amdt 2.114, amdt 2.115
om A2005‑22 amdt 1.8
Liability
s 13Jins A1997‑68 s 14
am A2001‑44 amdt 1.2686, amdt 1.2687
sub A2007‑3 amdt 3.351
Delegation by registrar
s 13Kins A1997‑68 s 14
sub A2007‑3 amdt 3.352
Miscellaneous
pt 4 hdgins A2005‑22 s 12
Offence
s 15om Ord1978‑20
Application of Act
s 16am A2005‑22 s 13
exp 20 May 2005 (s 16 (5))
Approved forms
s 17om A1993‑1 sch 1
ins A2001‑44 amdt 1.2688
am A2007‑3 amdt 3.353; A2011‑28 amdt 3.167
om A2021-12 amdt 3.78
Regulation-making power
s 18am Ord1989‑38 sch 1
sub A1997‑68 s 15; A2001‑44 amdt 1.2688
Transitional—Fair Work Act (Cwlth)
s 19ins A2011‑28 amdt 3.168
exp 21 September 2012 (s 19 (3))
Dictionary
dictins A2005‑22 s 14
am A2008‑37 amdt 1.309; A2011‑22 amdt 1.297; A2011‑28 amdt 3.169; A2019‑36 amdt 1.1
def agreement am A1997‑68 s 4
reloc from s 2 A2005‑22 s 6
sub A2011‑28 amdt 3.170
def approved training contract ins A2003‑37 amdt 2.11
reloc from s 2 A2005‑22 s 6
am A2007‑12 amdt 1.14
def associated company ins A2005‑22 s 14
def at ins A2025‑30 s 9
def authorised officer ins A1997‑68 s 4
reloc from s 2 A2005‑22 s 6
def award am A1997‑68 s 4
sub A2001‑56 amdt 3.445
reloc from s 2 A2005‑22 s 6
sub A2011‑28 amdt 3.171
def award holiday ins A2005‑22 s 14
om A2011‑28 amdt 3.172
def casual employee ins A1997‑68 s 4
reloc from s 2 A2005‑22 s 6
def continuous service ins A2005‑22 s 14
def determination sub Ord1989‑38 sch 1
reloc from s 2 A2005‑22 s 6
om A2011‑28 amdt 3.173
def employee sub Ord1981‑24 s 2l; A1997‑68 s 4
reloc from s 2 A2005‑22 s 6
sub A2019‑36 amdt 1.2
def minimum retiring age ins A2005‑22 s 14
om A2011‑28 amdt 3.174
def occupier ins A2025‑30 s 9
def ordinary remuneration am A1997‑68 s 4
reloc from s 2 A2005‑22 s 6
def period of service ins A2005‑22 s 14
def premises ins A2025‑30 s 9
def salary or wages reloc from s 2 A2005‑22 s 6
def trainee ins A1997‑68 s 4
am A2003‑37 amdt 2.13
reloc from s 2 A2005‑22 s 6
om A2011‑28 amdt 3.175
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 Ord1989‑38 31 May 1991 2 A1993‑1 31 August 1993 3 A1994‑97 31 January 1995 4 A1995‑46 30 November 1996 5 A1997‑68 31 December 1997 6* A2001‑56 23 January 2002 7 A2003‑45 3 October 2003 8 A2003‑45 1 November 2003 9 A2004‑15 9 April 2004 10 (RI) A2005‑22 18 May 2005 11 (RI) A2005‑22 19 May 2005 12 A2005‑22 20 May 2005 13 A2005‑22 21 May 2005 14* A2005‑38 31 August 2005 15 A2005‑38 14 May 2006 16 A2007‑3 12 April 2007 17 A2007‑12 1 July 2007 18 A2008‑43 10 September 2008 19* A2008‑43 2 February 2009 20 A2009‑25 1 January 2010 21 A2011‑22 1 July 2011 22 A2011‑28 21 September 2011 23* A2011‑28 22 September 2012 24 A2019-32 11 October 2019 25 A2020-11 8 April 2020 26 A2020‑14 14 May 2020 27 A2021‑12 23 June 2021 28 A2021‑12 1 October 2022 includes republication correction
0
0
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