Long Service Leave (Portable Schemes) Act 2009 (ACT)
Long Service Leave (Portable Schemes) Act 2009
A2009-25
Republication No 30
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑30
(republication for amendments by A2025-29)
About this republication
The republished law
This is a republication of the Long Service Leave (Portable Schemes) Act 2009 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 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 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 (Portable Schemes) Act 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Part 2 Key concepts
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
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
Part 4 Registration
Division 4.1 Registration of employers
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
Division 4.2 Registration of workers
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
Part 5 Quarterly returns and payments
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
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
Part 6 Entries in workers register
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
Part 8 Enforcement
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
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
Part 8A Administration
Division 8A.1 The authority and governing board
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
Division 8A.1A Staff of the authority
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
Division 8A.2 Finances
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
80B Applications for internal review 59
80C Internal review 60
81 Reviewable decision notices 60
82 Review of decisions by ACAT 60
Part 10 Miscellaneous
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
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
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
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
Dictionary134
Endnotes
1 About the endnotes 139
2 Abbreviation key 139
3 Legislation history 140
4 Amendment history 144
5 Earlier republications 161
6 Expired transitional or validating provisions 164
Long Service Leave (Portable Schemes) Act 2009
An Act to provide for the portability of long service entitlements in certain industries, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Long Service Leave (Portable Schemes) Act 2009.
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 ‘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 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)).
Notes
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.
Offences 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 2Key concepts
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 1Building and construction industry—see sch 1, s 1.1.
Note 2Services industry—see sch 2, s 2.1.
Note 3Community sector industry—see sch 3, s 3.1.
Note 4Security industry—see sch 4, s 4.1.
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).
NoteAn 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.
NoteThis 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 1Covered industry schedule—see the dictionary.
Note 2Power 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).
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 1An individual may be declared by the Minister to be an employee or a voluntary member for a covered industry (see s 12).
Note 2An individual may be declared by the Minister not to be an employee or a voluntary member for a covered industry (see s 13).
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.
(2)In this section:
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.
NoteFor 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)).
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.
(2)In this section:
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.
What is work?
In this Act:
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 1Building and construction work—see sch 1, s 1.2.
Note 2Services work—see sch 2, s 2.2.
Note 3Community sector work—see sch 3, s 3.2.
Note 4Security 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.
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.
NotePower 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.
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.
NotePower 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.
Meaning of day
(1)In this Act:
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.
Meaning of registration day
In this Act:
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.
15AEntitlement 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 industry; and
NoteFor the registration of employers see div 4.1.
(b)is a registered worker for the covered industry.
NoteFor the registration of workers see div 4.2.
Part 4Registration
Division 4.1 Registration of employers
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.
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
(b)the end of any additional time the registrar allows.
Maximum penalty: 50 penalty units.
Note 1Under this part, applications may be made, and notice may be given, electronically in certain circumstances (see Electronic Transactions Act 2001).
Note 2The 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).
(2)An offence against this section is a strict liability offence.
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 for the industry.
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 directs.
NoteRegistration day—see s 15.
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
(b)the person’s registration day.
Note 1The certificate must be given to the employer as soon as possible after the employer is registered (see Legislation Act, s 151B).
Note 2Registration 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.
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.
(2)An offence against this section is a strict liability offence.
(3)The registrar must give the employer an amended certificate of registration.
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.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
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.
Division 4.2 Registration of workers
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.
Applications for registration by workers
A person may apply to the registrar for registration as a worker for a covered industry.
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 employer.
(2)The employer must register the employee at the time the employer next submits a quarterly return under section 49 (Quarterly returns by employers).
Dealing with applications for registration as worker
(1)This section applies if—
(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.
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 application was made.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(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.
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 for the industry.
Example
a return under s 49 shows the person as an employee for a covered industry
NoteThe 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).
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 application was made.
(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.
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 directs.
(2)However, a person is taken to become a registered worker on the person’s registration day as a worker.
NoteRegistration day—see s 15.
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 industry.
Example
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.
47AService 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.
Example
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.
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 for the industry.
(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.
Part 5Quarterly returns and payments
48AMeaning 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.
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.
NoteA 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.
Maximum penalty: 20 penalty units.
(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.
NoteThe defendant has an evidential burden in relation to a matter mentioned in s (3) (see Criminal Code, s 58).
(4)An offence against this section is a strict liability offence.
(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
(c)anything else prescribed by regulation.
49ALate 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.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
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.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
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 covered industry.
Note 1Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
Note 2The 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 covered industry.
(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.
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.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
(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.
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.
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
(b)the end of any additional time the registrar allows.
(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.
(4)In this section:
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
(c)anything else prescribed by regulation.
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.
Determination of levy—voluntary members
(1)The Minister may determine the levy payable by registered voluntary members for a covered industry.
Note 1The 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 2The 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.
56AMinor 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).
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.
Maximum penalty: 20 penalty units.
(2)An employer must keep the written record for 7 years after the day the employee stops being employed by the employer.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
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.
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.
Maximum penalty: 20 penalty units.
(2)A registered voluntary member must keep the written record for 6 years after the day the record is made.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
Part 5ALiability of company directors to pay levy
58AApplication—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.
58BLiability of directors to pay levy
(1)This section applies if—
(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.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
(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.
(4)In this section:
creditor-defeating disposition—see section 58A (a) (iii).
defunct company—see section 58A (a).
phoenix company—see section 58A (b).
Part 6Entries in workers register
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 industry:
(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 directs.
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.
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).
NoteThe 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).
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.
Variation of ordinary remuneration—payment of additional amounts
(1)This section applies if—
(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
(b)the end of any additional time the registrar allows.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
(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).
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.
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 registered worker.
(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).
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 registered worker.
Part 7Access to long service leave register information
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.
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;
(c)the total amount paid by the employer under section 51 (Determination of levy—employers) for the previous financial year.
Example
access or download information from a website
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.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(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.
NoteThe registrar may correct a mistake, error or omission in the workers register—see s 30 and s 39.
Part 8Enforcement
Definitions—pt 8
In this part:
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.
Appointment of inspectors
The registrar may appoint a public servant as an inspector for this Act.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
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
(c)anything else prescribed by regulation.
(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.
NoteThe 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.
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.
NotePremises 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.
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.
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.
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.
Example
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 1A 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 2The 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).
Maximum penalty: 50 penalty units.
76AAbrogation 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.
76BWarning 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.
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.
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.
Enforcement of obligations
(1)The registrar may apply to the ACAT for an order to enforce an obligation imposed 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).
(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 this Act.
Part 8AAdministration
Division 8A.1 The authority and governing board
NoteThe 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.
79AEstablishment of authority
The Long Service Leave Authority (the authority) is established.
79BAuthority not territory instrumentality etc
The authority is not a territory instrumentality and does not represent the Territory.
79CFunctions 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.
NoteA 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).
(2)To remove any doubt, the authority may exercise its functions inside and outside the ACT, including in a foreign country.
79DDelegation by authority
The authority may delegate the authority’s functions to the registrar or a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
79EEstablishment 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)).
79FGoverning board members
(1)The governing board has at least 3 members and not more than 7 members.
Note 1The chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
Note 2The 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 3The 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.
NoteOne 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.
NoteA 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).
(3)However, the authority must keep another record of—
(a)the period of service; and
(b)the amount paid to the worker for long service leave or instead of long service leave; and
(c)the period of long service leave (if any) granted to or taken by the worker.
4.19Public holidays not to count as leave—security industry
(1)This section applies if a public holiday falls during a period of long service leave taken by a registered employee for the security industry.
(2)The period of long service leave is increased by 1 day for each public holiday.
Schedule 5Reviewable decisions
(see s 80, def reviewable decision)
| column 1 item | column 2 section | column 3 decision | column 4 entity | column 5 decision-maker |
| 1 | 31 (1) (b) | refuse to allow additional time for application for registration by employer | employer | registrar |
| 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 employer | applicant | governing board |
| 4 | 45 (3) (a) | confirm registrar’s decision to refuse to register applicant as worker | person | governing board |
| 5 | 47 | refuse to credit employee with prior service | employee | governing board |
| 6 | 47 | amount of prior service credited | employee | governing board |
| 7 | 48 | refuse to credit voluntary member with prior service | voluntary member | governing board |
| 8 | 48 | amount of prior service credited | voluntary member | governing board |
| 9 | 49 (2) (b) (ii) | refuse to allow employer additional time for giving return to authority | employer | registrar |
| 10 | 49A (1) (b) | refuse to allow employer additional time for giving return to authority | employer | registrar |
| 11 | 49A (3) | refuse to waive all or part of late fee payable by employer | employer | registrar |
| 12 | 52 (3) | refuse to waive all or part of interest payable by employer | employer | registrar |
| 13 | 54 (1) (b) | refuse to allow registered voluntary member additional time for giving return to authority | registered voluntary member | registrar |
| 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 employer | governing board |
| 15 | 63 (2) (b) | refuse to allow additional time for person to pay amount | person | registrar |
| 16 | 66 (1) (b) | refuse to direct registrar to re-register person | person | governing board |
| 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 employer | governing board |
| 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 | governing board |
| 19 | 89 (2) (b) | not satisfied that amount paid by employer was properly paid | employer | registrar |
| 20 | 89A (2) | refuse reimbursement of direct payment of long service leave | employer | registrar |
| 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 | applicant | governing board |
| 22 | sch 1, 1.8 (3), sch 2, 2.8 (3), sch 3, 3.9 (2), or sch 4, 4.9 (2) | not satisfied that section applies to applicant | applicant | governing board |
| 23 | sch 1, 1.9 (2), sch 2, 2.9 (2), sch 3, 3.10 (2) or sch 4, 4.10 (2) (a) | not satisfied that applicant entitled to long service leave | applicant | governing board |
| 24 | sch 1, 1.10 (6), sch 2, 2.10 (6), sch 3, 3.11 (6) or sch 4, 4.11 (6) | not satisfied that applicant entitled to payment instead of long service leave | applicant | governing board |
Dictionary
(see s 3)
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
· 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.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
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 employer.
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.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
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.
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.
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
Long Service Leave (Portable Schemes) Act 2009 A2009-25
notified LR 8 September 2009
s 1, s 2 commenced 8 September 2009 (LA s 75 (1))
remainder commenced 1 January 2010 (s 2)as amended by
Long Service Leave (Community Sector) Amendment Act 2009 A2009‑42
notified LR 23 November 2009
s 1, s 2 commenced 23 November 2009 (LA s 75 (1))
remainder commenced 1 July 2010 (s 2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.97
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.97 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.24
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))sch 3 pt 3.24 commenced 21 September 2011 (s 2 (1))
Long Service Leave (Portable Schemes) Amendment Act 2012 A2012‑9
notified LR 4 April 2012
s 1, s 2 commenced 4 April 2012 (LA s 75 (1))
remainder commenced 1 July 2012 (s 2 and CN2012-7)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.30
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.30 commenced 5 June 2012 (s 2 (1))
Long Service Leave (Portable Schemes) (Security Industry) Amendment Act 2012 A2012-22
notified LR 23 May 2012
s 1, s 2 commenced 23 May 2012 (LA s 75 (1))
remainder commenced 23 November 2012 (s 2 and LA s 79)Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.26
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))sch 3 pt 3.26 commenced 14 June 2013 (s 2)
Long Service Leave (Portable Schemes) Amendment Act 2013 A2013‑49
notified LR 4 December 2013
s 1, s 2 commenced 4 December 2013 (LA s 75 (1))remainder commenced 1 January 2014 (s 2)
Training and Tertiary Education Amendment Act 2014 A2014‑48 sch 1 pt 1.12
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))sch 1 pt 1.12 commenced 20 November 2014 (s 2)
Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 3 pt 3.23
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))sch 3 pt 3.23 commenced 9 December 2015 (s 2)
Long Service Leave (Portable Schemes) Amendment Act 2016 A2016‑23
notified LR 11 May 2016
s 1, s 2 commenced 11 May 2016 (LA s 75 (1))
remainder commenced 1 July 2016 (s 2)Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.49
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.49 commenced 1 September 2016 (s 2)Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 sch 1 pt 1.12
notified LR 8 August 2017
s 1, s 2 commenced 8 August 2017 (LA s 75 (1))
sch 1 pt 1.12 commenced 15 August 2017 (s 2)Long Service Leave (Portable Schemes) Amendment Act 2019
A2019-44
notified LR 6 December 2019
s 1, s 2 commenced 6 December 2019 (LA s 75 (1))
remainder commenced 1 January 2020 (s 2)COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.13
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.13 commenced 8 April 2020 (s 2 (1))COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.20
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.20 commenced 14 May 2020 (s 2 (1))Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.33
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.33 commenced 23 June 2021 (s 2 (1))Workplace Legislation Amendment Act 2022 A2022-23 pt 2
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
pt 2 commenced 10 December 2022 (s 2 (1))Long Service Leave (Portable Schemes) Amendment Act 2023 A2023‑11
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
s 23 commenced 12 April 2023 (s 2 (1))
ss 4-8, s 18, s 20, s 21, s 25 commenced 11 May 2023 (s 2 (2))
remainder commenced 1 April 2025 (s 2 (3) as am by A2024-15 s 4)Workplace Legislation Amendment Act 2025 A2025-18 pt 4
notified LR 2 July 2025
s 1, s 2 commenced 2 July 2025 (LA s 75 (1))
pt 4 commenced 9 July 2025 (s 2 (1))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.58, sch 4 pt 4.119
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.58, sch 4 pt 4.119 commenced 26 November 2025 (s 2 (3), (9))Workplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 4, sch 1 pt 1.3
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 4, sch 1 pt 1.3 commenced 19 November 2025 (s 2 (3))Amendment history
Commencement
s 2om LA s 89 (4)
What is a covered industry?
s 6am A2009‑42 s 4, s 5; A2012‑22 s 4, s 5; A2013‑49 s 4; A2023‑11 s 26
Who is an employer?
s 7am A2012‑9 s 4; A2013‑49 ss 5-8; pars renum R11 LA; A2023‑11 s 4; A2025‑30 s 10
Who is a worker?
s 8am A2013‑49 s 9, s 10; A2019‑44 s 35
Who is an employee?
s 9am A2013‑49 s 11, s 12
Who is a voluntary member?
s 10am A2012‑9 s 5; A2013‑49 s 13; A2015‑50 amdt 3.120
sub A2019‑44 s
What is work?
s 11am A2012‑9 s 6; ss renum R7 LA
sub A2013‑49 s 14
am A2019‑44 s 35; A2023‑11 s 5
Declarations by Minister—additional coverage of Act
s 12sub A2013‑49 s 14
am A2019‑44 s 35; A2025‑30 s 11; pars renum R29 LA; A2025‑29 amdt 4.120
Declarations by Minister—limitation to coverage of Act
s 13am A2009‑42 s 6; A2012‑22 s 6
sub A2013‑49 s 14
am A2019‑44 s 35; A2025‑29 amdt 4.120
Meaning of day
s 14am A2025‑29 amdt 4.120
Meaning of registration day
s 15am A2013‑49 s 15; pars renum R11 LA
Entitlement to long service leave
s 15Ains A2013‑49 s 16
Administration
pt 3 hdgrenum as pt 8A hdg
The authority, governing board and staff
div 3.1 hdgrenum as div 8A.1 hdg
Establishment of authority
s 16renum as s 79A
Authority not territory instrumentality etc
s 17renum as s 79B
Functions of authority
s 18renum as s 79C
Delegation by authority
s 19renum as s 79D
Establishment of governing board
s 20renum as s 79E
Governing board members
s 21renum as s 79F
Deputy chair
s 22renum as s 79G
Deputy registrar
s 23renum as s 79H
Functions of governing board
s 24renum as s 79I
Arrangements for staff
s 25renum as s 79J
Finances
div 3.2 hdgrenum as div 8A.2 hdg
Money of authority
s 26renum as s 79K
Application of authority money
s 27renum as s 79L
Authority money—separate funds for covered industries
s 28renum as s 79M
3-yearly investigation by actuary
s 29renum as s 79N
Employers registration
s 30am A2012‑9 s 8
Application for registration by employers
s 31am A2013‑49 ss 21-23; A2021-12 amdt 3.79
Dealing with applications after end of 1-month period
s 33om A2012‑9 s 9
Certificate of registration for employers
s 35am A2021-12 amdt 3.79; A2025‑29 amdt 4.120
Appeals against refusal to register as employer
s 37am A2021-12 amdt 3.79
Order to apply for registration
s 38am A2019‑44 s 36
Workers register
s 39am A2012‑9 s 10
Applications for registration by workers
s 40am A2021-12 amdt 3.79
Application by employers for registration of employee
s 41am A2012‑9 s 11; A2021-12 amdt 3.79
Registrar may register employee without application
s 44sub A2013‑49 s 24
Appeals against refusal to register as worker
s 45am A2021-12 amdt 3.79
Registration as worker
s 46am A2013‑49 s 25
Service credit—employee’s prior service
s 47sub A2012‑9 s 12
am A2013‑49 ss 26-29; A2019‑44 s 5, s 6; A2023‑11 s 26
Service credit—unreported service
s 47Ains A2019‑44 s 7
Service credit—voluntary member’s prior service
s 48 hdgam A2019‑44 s 37
s 48sub A2012‑9 s 12
am A2013‑49 s 30; A2019‑44 ss 35-37
Meaning of quarter
s 48Ains A2025‑18 s 6
Quarterly returns by employers
s 49am A2012‑9 s 13
sub A2019‑44 s 8
Late fee—quarterly return
s 49Ains A2019‑44 s 8
Determination of levy—employers
s 51sub A2012‑9 s 14
am A2016‑23 s 4; A2025‑29 amdt 4.120
Interest payable on levy payment
s 52am A2012‑9 s 15
sub A2013‑49 s 31; A2019‑44 s 9
Interest rate
s 53om A2012‑9 s 16
ins A2019‑44 s 9
am A2025‑29 amdt 4.120
Quarterly returns by voluntary members
s 54 hdgam A2019‑44 s 36
s 54am A2012‑9 s 17, s 18; ss renum R7 LA; A2019‑44 s 10, s 35, s 37; A2021-12 amdt 3.79
Levy payments by voluntary members
s 55 hdgam A2019‑44 s 36
s 55am A2019‑44 s 35
Determination of levy—voluntary members
s 56 hdgam A2019‑44 s 36
s 56am A2016‑23 s 5; A2019‑44 s 36; A2025‑29 amdt 4.120
Minor changes to levy—employers and voluntary members
s 56A hdgam A2019‑44 s 36
s 56Ains A2016‑23 s 6
am A2019‑44 s 11, s 36; A2025‑18 s 7; A2025‑29 amdt 4.120
Employers to keep records
s 57am A2019‑44 s 12
Registered voluntary members to keep records
s 58 hdgam A2019‑44 s 36
s 58am A2019‑44 s 35, s 37
Liability of company directors to pay levy
pt 5A hdgins A2019‑44 s 13
Application—pt 5A
s 58Ains A2019‑44 s 13
Liability of directors to pay levy
s 58Bins A2019‑44 s 13
Review of ordinary remuneration by governing board
s 60am A2012‑9 s 19; ss renum R7 LA; A2019‑44 s 35, s 36
Notice of governing board decisions on review of ordinary remuneration
s 61am A2012‑9 s 20; A2019‑44 s 35, s 36
Effect of variation of ordinary remuneration
s 62am A2019‑44 s 35, s 36
Removing people from workers register
s 65am A2009‑42 s 7; A2012‑9 s 21; A2013‑49 s 32; A2019‑44 s 14, s 35; A2023‑11 s 26
Access to long service leave register information
pt 7 hdgsub A2012‑9 s 22
Information for registered workers
s 67sub A2012‑9 s 23
am A2019‑44 s 35, s 36
Information for employers
s 68sub A2012‑9 s 23
am A2013‑49 s 33
Certified copies of long service leave registers
s 69sub A2012‑9 s 23
am A2025‑29 amdt 4.120
Appointment of inspectors
s 71am A2011‑22 amdt 1.301; A2012‑9 s 24; A2025‑30 amdt 1.3
Identity cards
s 72am A2011‑22 amdt 1.301; A2012‑9 s 25
Power to enter premises
s 73am A2025‑30 amdt 1.4
Power to obtain, inspect and copy records
s 76sub A2019‑44 s 15
am A2025‑30 amdt 1.5
Abrogation of privilege against self-incrimination
s 76Ains A2019‑44 s 15
Warning to be given
s 76Bins A2019‑44 s 15
am A2025‑30 s 12
Enforcement of obligations
s 79am A2025‑29 amdt 4.120
Administration
pt 8A hdg(prev pt 3 hdg) reloc and renum as pt 8A hdg A2013‑49 s 20
The authority and governing board
div 8A.1 hdg (prev div 3.1 hdg) reloc and renum as div 8A.1 hdg A2013‑49 s 20
sub A2023‑11 s 6
Establishment of authority
s 79A(prev s 16) reloc and renum as s 79A A2013‑49 s 20
Authority not territory instrumentality etc
s 79B(prev s 17) reloc and renum as s 79B A2013‑49 s 20
Functions of authority
s 79C(prev s 18) am A2013‑19 amdt 3.200
reloc and renum as s 79C A2013‑49 s 20
am A2025‑29 amdt 3.196
Delegation by authority
s 79D(prev s 19) am A2012‑9 s 7
reloc and renum as s 79D A2013‑49 s 20
Establishment of governing board
s 79E(prev s 20) am A2013‑19 amdt 3.201
reloc and renum as s 79E A2013‑49 s 20
Governing board members
s 79F(prev s 21) am A2013‑19 amdt 3.202
reloc and renum as s 79F A2013‑49 s 20
Deputy chair
s 79G(prev s 22) reloc and renum as s 79G A2013‑49 s 20
Deputy registrar
s 79H(prev s 23) am A2011‑22 amdt 1.301
reloc and renum as s 79H A2013‑49 s 20
am A2023‑11 s 7; A2025‑30 amdt 1.6
Functions of governing board
s 79I(prev s 24) reloc and renum as s 79I A2013‑49 s 20
am A2016‑23 s 7; pars renum R14 LA; A2019‑44 s 36
Staff of the authority
div 8A.1A hdg ins A2023‑11 s 8
Meaning of staff of the authority—pt 8A
s 79J(prev s 25) am A2011‑22 amdt 1.298
reloc and renum as s 79J A2013‑49 s 20
sub A2016‑52 amdt 1.133; A2023‑11 s 8
Employment of staff
s 79JAins A2023‑11 s 8
Transitional—public servant staff
s 79JAAins A2023‑11 s 8
exp 11 May 2025 (s 79JAA (3))
Consultants
s 79JBins A2023‑11 s 8
Delegation by registrar
s 79JCins A2023‑11 s 8
Other arrangements for staff and facilities
s 79JDins A2023‑11 s 8
Finances
div 8A.2 hdg (prev div 3.2 hdg) reloc and renum as div 8A.2 hdg A2013‑49 s 20
Money of authority
s 79K(prev s 26) am A2013‑49 s 17
reloc and renum as s 79K A2013‑49 s 20
am A2019‑44 s 36
Application of authority money
s 79L(prev s 27) sub A2013‑49 s 18
reloc and renum as s 79L A2013‑49 s 20
Authority money—separate funds for covered industries
s 79M(prev s 28) am A2013‑49 s 19
reloc and renum as s 79M A2013‑49 s 20
3-yearly investigation by actuary
s 79N(prev s 29) reloc and renum as s 79N A2013‑49 s 20
am A2019‑44 s 36; A2025‑30 amdt 1.7
Definitions—pt 9
s 80def internally reviewable decision ins A2012‑9 s 26
Internal review of certain decisions
s 80Ains A2012‑9 s 27
am A2013‑49 s 34
Applications for internal review
s 80Bins A2012‑9 s 27
Internal review
s 80Cins A2012‑9 s 27
Reviewable decision notices
s 81am A2025‑29 amdt 4.120
Review of decisions by ACAT
s 82sub A2012‑9 s 28; A2013‑49 s 35
am A2025‑29 amdt 4.120
Evidentiary certificates
s 83am A2019‑44 s 36
Disclosure of information to territory entities and reciprocal authorities
s 84am A2011‑22 amdt 1.301; A2013‑49 s 36; A2025‑29 amdt 3.197
Inspection of register
s 85om A2012‑9 s 29
No contracting out
s 86sub A2013‑49 s 37
No contracting out
s 87om A2013‑49 s 38
Benefits under other laws—election
s 88am A2009‑42 s 8
sub A2013‑49 s 39
Benefits under other laws—reimbursement of employer
s 89am A2012‑9 s 30
Authority reimbursement of certain payments
s 89A(prev s 90A) ins A2012‑9 s 31
am A2013‑49 s 41
reloc and renum as s 89A A2013‑49 s 42
am A2019‑44 s 16; A2021-12 amdt 3.79
Reciprocal agreements for corresponding laws
s 90am A2013‑49 s 40
Authority reimbursement of certain payments
s 90Areloc and renum as s 89A
Determination of fees
s 91am A2011‑28 amdt 3.157; A2025‑29 amdt 4.120
Approved forms
s 92om A2021-12 amdt 3.80
Regulation-making power
s 93am A2025‑29 amdt 4.120
Legislation amended—sch 4
s 94om LA s 89 (3)
Legislation repealed—sch 5
s 95om LA s 89 (3)
Transitional
pt 11 hdgexp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Definitions—pt 11
s 96exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
def commencement day exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
def LSL (BCI) Act exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
def LSL (CCI) Act exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
def replaced entity exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—rights and liabilities under repealed Acts
s 97exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—entitlement to payment instead of leave
s 97Ains A2012‑9 s 32
am A2023‑11 s 9
Transitional—entitlement to payment instead of leave for person who became registered worker on or after 1 July 2012
s 97Bins A2023‑11 s 10
Vesting of assets and liabilities of replaced entities in authority
s 98exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Registration of changes in title to certain assets
s 99exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Proceedings and evidence in relation to vested assets and liabilities
s 100exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—disclosure of information to territory entities and reciprocal authorities
s 101am A2011‑22 amdt 1.301
exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—registers
s 102exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—amounts to be paid
s 103exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—inspectors
s 104exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—chief executive officer
s 105exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional regulations
s 106exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Expiry—pt 11
s 107exp 1 January 2012 (s 107 (1) (LA s 88 declaration applies))
Transitional—contract cleaning industry
pt 12 hdgins A2023‑11 s 11
exp 1 April 2030 (s 115)
Definitions—pt 12
s 110ins A2023‑11 s 11
exp 1 April 2030 (s 115)
Registered employers and workers
s 111ins A2023‑11 s 11
exp 1 April 2030 (s 115)
Applications for registration
s 112ins A2023‑11 s 11
exp 1 April 2030 (s 115)
Service credit
s 113ins A2023‑11 s 11
exp 1 April 2030 (s 115)
Transitional regulations
s 114ins A2023‑11 s 11
exp 1 April 2030 (s 115)
Expiry—pt 12
s 115ins A2023‑11 s 11
exp 1 April 2030 (s 115)
What is the building and construction industry?
sch 1 s 1.1sub A2013‑49 s 43
am A2014‑48 amdt 1.23; A2017‑21 amdt 1.31, amdt 1.32; A2023‑11 s 12
What is building and construction work?
sch 1 s 1.2sub A2013‑49 s 43; A2016‑23 ss 8-10
(3), (4) exp 1 July 2016 (s 1.2 (4))
Recognised service—building and construction industry
sch 1 s 1.3sub A2013‑49 s 43
Service credit—building and construction industry—s 64
sch 1 s 1.4sub A2013‑49 s 43
am A2019‑44 s 36
Service period—building and construction industry
sch 1 s 1.4Ains A2013‑49 s 43
am A2019‑44 s 35, s 37
Long service leave formula—building and construction industry
sch 1 s 1.5am A2012‑9 s 33; A2013‑19 amdt 3.203
sub A2019‑44 s 17
Amount of leave—building and construction industry
sch 1 s 1.6am A2012‑9 s 34; A2020‑11 amdt 1.48; A2020‑14 amdt 1.98
(3)-(6) exp 30 September 2022 (sch 1 s 1.6 (6))
Entitlement to payment instead of leave—building and construction industry
sch 1 s 1.8am A2012‑9 ss 35-37; ss renum R7 LA; A2020‑11 amdt 1.49, amdt 1.50, ss renum R19 LA
sub A2020‑14 amdt 1.99
Entitlement to payment instead of leave—building and construction industry—COVID-19 emergency
sch 1 s 1.8Ains A2020‑14 amdt 1.99
exp 30 September 2022 (sch 1 s 1.8A (6))
Payment for leave—building and construction industry
sch 1 s 1.9am A2012‑9 s 38, s 39; A2019‑44 s 35; A2021-12 amdt 3.81; A2025‑30 s 13
Payment instead of leave—building and construction industry
sch 1 s 1.10am A2021-12 amdt 3.81
How are leave payments worked out for the building and construction industry?
sch 1 s 1.11am A2013‑49 s 44; A2019‑44 s 18, s 35
Leave payments for service as registered employee—building and construction industry
sch 1 s 1.12am A2013‑49 s 45
Leave payments for service as registered voluntary member—building and construction industry
sch 1 s 1.13 hdg am A2019‑44 s 35
sch 1 s 1.13am A2012‑9 s 40; A2019‑44 s 19, s 35, s 36
Payment by authority on reciprocal authority’s behalf—building and construction industry
sch 1 s 1.14am A2021-12 amdt 3.81
Payments by reciprocal authority on authority’s behalf—building and construction industry
sch 1 s 1.15am A2013‑49 s 45
Service credit—building and construction industry—s 64
sch 1 s 1.16om A2013‑49 s 46
Long service leave payments—services industry
sch 2 hdgam A2023‑11 s 26
What is the services industry?
sch 2 s 2.1sub A2013‑49 s 47; A2023‑11 s 13
am A2025‑30 s 14
What is services work?
sch 2 s 2.2sub A2013‑49 s 47; A2016‑23 s 11; A2023‑11 s 13
am A2025‑30 s 15, s 16
Recognised service—services industry
sch 2 s 2.3 hdg am A2023‑11 s 26
sch 2 s 2.3sub A2013‑49 s 47
am A2023‑11 s 26
Service credit—services industry—s 64
sch 2 s 2.4 hdg am A2023‑11 s 26
sch 2 s 2.4sub A2013‑49 s 47
am A2019‑44 s 36; A2023‑11 s 14, s 26
Service period—services industry
sch 2 s 2.4A hdg am A2023‑11 s 26
sch 2 s 2.4Ains A2013‑49 s 47
am A2019‑44 s 35, s 37; A2023‑11 s 26
Long service leave formula—services industry
sch 2 s 2.5 hdg am A2023‑11 s 26
sch 2 s 2.5am A2023‑11 s 26
Amount of leave—services industry
sch 2 s 2.6 hdg am A2023‑11 s 26
sch 2 s 2.6am A2012‑9 s 41; A2020‑11 amdt 1.51; A2020‑14 amdt 1.100
(3)-(6) exp 30 September 2022 (sch 2 s 2.6 (6))
am A2023‑11 s 26
Grant of leave by employers—services industry
sch 2 s 2.7 hdg am A2023‑11 s 26
sch 2 s 2.7am A2023‑11 s 26
Entitlement to payment instead of leave—services industry
sch 2 s 2.8 hdg am A2023‑11 s 26
sch 2 s 2.8am A2012‑9 s 42; A2020‑11 amdt 1.52, amdt 1.53; ss renum R19 LA
sub A2020‑14 amdt 1.101
am A2023‑11 s 26
Entitlement to payment instead of leave—contract cleaning industry—COVID‑19 emergency
sch 2 s 2.8Ains A2020‑14 amdt 1.101
exp 30 September 2022 (sch 2 s 2.8A (6))
Payments for leave—services industry
sch 2 s 2.9 hdg am A2023‑11 s 26
sch 2 s 2.9am A2012‑9 s 43, s 44; A2019‑44 s 35; A2021-12 amdt 3.81; A2023‑11 s 26; A2025‑30 s 17
Payments instead of leave—services industry
sch 2 s 2.10 hdg am A2023‑11 s 26
sch 2 s 2.10am A2021-12 amdt 3.81; A2023‑11 s 26
How are leave payments worked out for the services industry?
sch 2 s 2.11 hdg am A2023‑11 s 26
sch 2 s 2.11am A2013‑49 s 48; A2019‑44 s 35; A2022‑23 s 4; A2023‑11 s 26
Leave payments for service as registered employee—services industry
sch 2 s 2.12 hdg am A2023‑11 s 26
sch 2 s 2.12am A2013‑49 s 49; A2019‑44 s 20; A2023‑11 s 15, s 26
Leave payments for service as registered voluntary member—services industry
sch 2 s 2.13 hdg am A2019‑44 s 35; A2023‑11 s 26
sch 2 s 2.13am A2012‑9 s 45; A2019‑44 s 21, s 35, s 36; A2023‑11 s 16, s 26
Payments by authority on reciprocal authority’s behalf—services industry
sch 2 s 2.14 hdg am A2023‑11 s 26
sch 2 s 2.14am A2021-12 amdt 3.81; A2023‑11 s 26
Payments by reciprocal authority on authority’s behalf—services industry
sch 2 s 2.15 hdg am A2023‑11 s 26
sch 2 s 2.15am A2013‑49 s 49; A2023‑11 s 26
Service credit—contract cleaning industry—s 64
sch 2 s 2.16om A2013‑49 s 50
Records of payments and service—services industry
sch 2 s 2.17 hdg am A2023‑11 s 26
sch 2 s 2.17am A2023‑11 s 26
Public holidays not to count as leave—services industry
sch 2 s 2.18 hdg am A2023‑11 s 26
sch 2 s 2.18am A2023‑11 s 26
Long service leave payments—community sector industry
sch 2Arenum as sch 3
Long service leave payments—community sector industry
sch 3orig sch 3
renum as sch 4
pres sch 3
(prev sch 2A) ins A2009‑42 s 9
renum as sch 3 A2009‑42 s 14
What is the community sector industry?
sch 3 s 3.1sub A2013‑49 s 51
am A2015‑50 amdt 3.121; A2016‑23 s 12, s 13; pars renum R14 LA; A2019‑44 s 22, s 23; A2023‑11 s 17
What is community sector work?
sch 3 s 3.2sub A2013‑49 s 51
am A2016‑23 s 14
Recognised service—community sector industry
sch 3 s 3.3sub A2013‑49 s 51
Court or tribunal—not employer
sch 3 s 3.4am A2012‑9 s 46
Service credit—community sector industry—s 64
sch 3 s 3.5sub A2013‑49 s 52
am A2019‑44 s 24, s 25, s 36
Service period—community sector industry
sch 3 s 3.5Ains A2013‑49 s 52
am A2019‑44 s 35, s 37
Amount of leave—community sector industry
sch 3 s 3.7am A2020‑11 amdt 1.54; A2020‑14 amdt 1.102
(3)-(6) exp 30 September 2022 (sch 3 s 3.7 (6))
Entitlement to payment instead of leave—community sector industry
sch 3 s 3.9am A2012‑9 s 47; A2020‑11 amdt 1.55, amdt 1.56; ss renum R19 LA
sub A2020‑14 amdt 1.103
am A2023‑11 s 18
Entitlement to payment instead of leave—community sector industry—COVID-19 emergency
sch 3 s 3.9Ains A2020‑14 amdt 1.103
exp 30 September 2022 (sch 3 s 3.9A (5))
Payments for leave—community sector industry
sch 3 s 3.10am A2012‑9 s 48, s 49; A2019‑44 s 35; A2021-12 amdt 3.81; A2022‑23 s 5; A2025‑30 s 18
Payments instead of leave—community sector industry
sch 3 pt 3.11am A2021-12 amdt 3.81; A2022‑23 s 6
How are leave payments worked out for the community sector industry?
sch 3 s 3.12am A2013‑49 s 53; A2019‑44 s 35; A2022‑23 s 7
Leave payments for service as registered employee—community sector industry
sch 3 s 3.13am A2013‑49 s 54; A2019‑44 s 26
Leave payments for service as registered voluntary member—community sector industry
sch 3 s 3.14 hdg am A2019‑44 s 35
sch 3 s 3.14am A2012‑9 s 50; A2019‑44 s 27, s 35, s 36
Payments by authority on reciprocal authority’s behalf—community sector industry
sch 3 pt 3.15am A2021-12 amdt 3.81
Payments by reciprocal authority on authority’s behalf—community sector industry
sch 3 s 3.16am A2013‑49 s 54; A2022‑23 s 8
Service credit—community sector industry—s 64
sch 3 s 3.17om A2013‑49 s 55
Public holidays etc not to count as leave—community sector industry
sch 3 s 3.19am A2011‑28 amdt 3.158, amdt 3.159; A2012‑21 amdt 3.119
s 3.19 (4), (5) exp 21 September 2012 (s 3.19 (5))
Long service leave payments—security industry
sch 3Arenum as sch 4
Long service leave payments—security industry
sch 4orig sch 4
om LA s 89 (3)
prev sch 4
renum as sch 5
pres sch 4
(prev sch 3A) ins A2012‑22 s 7
renum as sch 4 A2012‑22 s 9
What is the security industry?
sch 4 s 4.1sub A2013‑49 s 56
am A2023‑11 s 20; A2023‑11 s 19
What is security work?
sch 4 s 4.2sub A2013‑49 s 56
am A2016‑23 s 15
Recognised service—security industry
sch 4 s 4.3sub A2013‑49 s 56
Service credit—security industry—s 64
sch 4 s 4.5 hdg sub A2016‑23 s 16
sch 4 s 4.5sub A2013‑49 s 57
am A2019‑44 s 28, s 36
Service period—security industry
sch 4 s 4.5Ains A2013‑49 s 57
am A2019‑44 s 35, s 37
Amount of leave—security industry
sch 4 s 4.7am A2020‑11 amdt 1.57; A2020‑14 amdt 1.104
(3)-(6) exp 30 September 2022 (sch 4 s 4.7 (6))
Entitlement to payment instead of leave—security industry
sch 4 s 4.9am A2020‑11 amdt 1.58, amdt 1.59; ss renum R19 LA
sub A2020‑14 amdt 1.105
am A2023‑11 s 21
Entitlement to payment instead of leave—security industry—COVID-19 emergency
sch 4 s 4.9Ains A2020‑14 amdt 1.105
exp 30 September 2022 (sch 4 s 4.9A (5))
Payments for leave—security industry
sch 4 s 4.10am A2019‑44 s 35; A2021-12 amdt 3.81; A2022‑23 s 9, s 10; A2025‑30 s 19
Payment instead of leave—security industry
sch 4 s 4.11am A2021-12 amdt 3.81
How are leave payments worked out for the security industry?
sch 4 s 4.12 hdg sub A2022‑23 s 11
sch 4 s 4.12am A2013‑49 s 58; A2019‑44 s 29, s 35; A2022‑23 s 12
Leave payments for service as registered employee—security industry
sch 4 s 4.13am A2013‑49 s 59; A2019‑44 s 30
Leave payments for service as registered voluntary member—security industry
sch 4 s 4.14 hdg am A2019‑44 s 35
sch 4 s 4.14am A2019‑44 s 31, s 35, s 36; A2022‑23 s 13
Payments by authority on reciprocal authority’s behalf—security industry
sch 4 s 4.15am A2021-12 amdt 3.81
Payments by reciprocal authority on authority’s behalf—security industry
sch 4 s 4.16am A2013‑49 s 59
Service credit—security industry—s 64
sch 4 s 4.17om A2013‑49 s 60
Reviewable decisions
sch 5orig sch 5
om LA s 89 (3)
prev sch 5
(prev sch 3) am A2009‑42 ss 10-13
renum as sch 4 A2009‑42 s 14
pres sch 5
(prev sch 4) am A2012‑9 ss 51-54; A2012‑22 s 8; items renum R9 LA
renum as sch 5 A2012‑22 s 9
am A2013‑49 s 61; A2019‑44 s 32, s 35; items renum R18 LA; A2020‑14 amdt 1.106
item 22A exp 30 September 2022 (sch 1 s 1.8A (6))
Dictionary
dictam A2011‑22 amdt 1.299, amdt 1.300; A2011‑28 amdt 3.160; A2016‑52 amdt 1.134; A2025‑18 s 8; A2025‑29 amdt 3.198
def accommodation and food services industry ins A2025‑30 s 20
def apprentice ins A2012‑9 s 55
def at premises sub A2011‑28 amdt 3.161
def authority sub A2013‑19 amdt 3.204
def building and construction industry am A2013‑49 s 62
def cleaning work om A2023‑11 s 22
def community sector industry ins A2009‑42 s 15
am A2013‑49 s 63
def community sector work ins A2009‑42 s 15
def contract cleaning industry am A2013‑49 s 64
om A2023‑11 s 22
def contractor om A2019‑44 s 33
def corresponding law am A2013‑49 s 65
def covered industry schedule sub A2009‑42 s 16
am A2012‑22 s 10; A2023‑11 s 26
def governing board am A2011‑28 amdt 3.162
def hairdressing and beauty services industry ins A2025‑30 s 20
def internally reviewable decision ins A2013‑19 amdt 3.205
def long service leave formula sub A2009‑42 s 17
am A2012‑22 s 11; A2023‑11 s 26
def occupier ins A2011‑28 amdt 3.163
def ordinary remuneration sub A2013‑49 s 66
def quarter ins A2025‑18 s 9
def recognised service sub A2013‑49 s 66; A2015‑50 amdt 3.122
am A2023‑11 s 26
def registered employee ins A2023‑11 s 23
def registered voluntary member ins A2023‑11 s 23
def school-based apprentice ins A2012‑9 s 55
def security industry ins A2012‑22 s 12
am A2013‑49 s 67
def security work ins A2012‑22 s 12
def service period sub A2013‑49 s 68; A2015‑50 amdt 3.123
am A2023‑11 s 26
def services industry ins A2023‑11 s 24
def services work ins A2023‑11 s 24
def staff of the authority ins A2023‑11s 25
def voluntary member ins A2019‑44 s 34
def work ins A2015‑50 amdt 3.124
def working director am A2011‑28 amdt 3.164; A2012‑9 s 56
om A2015‑50 amdt 3.125
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 and date Effective Last amendment made by Republication for R1
1 Jan 20101 Jan 2010–
30 June 2010A2009‑42 new Act R2
1 July 20101 July 2010–
30 June 2011A2009‑42 amendments by A2009‑42 R3
1 July 20111 July 2011–
20 Sept 2011A2011‑22 amendments by A2011‑22 R4
21 Sept 201121 Sept 2011–
1 Jan 2012A2011‑28 amendments by A2011‑28 R5
2 Jan 20122 Jan 2012–
4 June 2012A2011‑28 expiry of transitional provisions (pt 11) R6
5 June 20125 June 2012–
30 June 2012A2012‑21 amendments by A2012‑21 R7
1 July 20121 July 2012–
21 Sept 2012A2012‑21 amendments by A2012‑9 R8
22 Sept 201222 Sept 2012–
22 Nov 2012A2012‑21 expiry of provision (sch 3, s 3.19 (4), (5)) R9
23 Nov 201223 Nov 2012–
13 June 2013A2012‑22 amendments by A2012‑22 R10
14 June 201314 June 2013–
31 Dec 2013A2013‑19 amendments by A2013‑19 R11
1 Jan 20141 Jan 2014–
19 Nov 2014A2013-49 amendments by A2013-49 R12
20 Nov 201420 Nov 2014–
8 Dec 2015A2014‑48 amendments by A2014‑48 R13
9 Dec 20159 Dec 2015–
30 June 2016A2015-50 amendments by A2015-50 R14
1 July 20161 July 2016–
1 July 2016A2016-23 amendments by A2016-23 R15
2 July 20162 July 2016–
31 Aug 2016A2016-23 expiry of provision (sch 1, s 1.2 (3), (4)) R16
1 Sept 20161 Sept 2016–
14 Aug 2017A2016‑52 amendments by A2016‑52 R17
15 Aug 201715 Aug 2017–
31 Dec 2019A2017‑21 amendments by A2017‑21 R18
1 Jan 20201 Jan 2020–
7 Apr 2020A2019‑44 amendments by A2019‑44 R19
8 Apr 20208 Apr 2020–
13 May 2020A2020‑11 amendments by A2020‑11 R20
14 May 202014 May 2020–
22 June 2021A2020‑14 amendments by A2020‑14 R21
23 June 202123 June 2021–
30 Sept 2022A2021‑12 amendments by A2021‑12 R22
1 Oct 20221 Oct 2022–
9 Dec 2022A2021‑12 expiry of provisions (sch 1, s 1.6 (3)‑(6), sch 1 s 1.8A, sch 2, s 2.6 (3)-(6), sch 2, s 2.8A, sch 3, s 3.7 (3)-(6), sch 3, s 3.9A, sch 4, s 4.7 (3)-(6), sch 4, s 4.9A and sch 5, item 22A) R23
10 Dec 202210 Dec 2022–
11 Apr 2023A2022‑23 amendments by A2022‑23 R24
12 Apr 202312 Apr 2023–
10 May 2023A2023‑11 amendments by A2023‑11 R25
11 May 202311 May 2023–
31 Mar 2025A2023‑11 amendments by A2023‑11 R26
1 Apr 20251 Apr 2025–
11 May 2025A2023‑11 amendments by A2023‑11 as amended by A2024-15 R27
12 May 202512 May 2025–
8 July 2025A2023‑11 expiry of transitional provision (s 79JAA) R28
9 July 20259 July 2025–
18 Nov 2025A2025‑18 amendments by A2025‑18 R29
19 Nov 202519 Nov 2025–
25 Nov 2025A2025‑30 amendments by A2025‑30
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
0
0
0