Long Service Leave (Portable Schemes) Amendment Act 2023 (ACT)
Long Service Leave (Portable Schemes) Amendment Act 2023
A2023-11
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Who is an employer?Section 7 (1) 3
5 What is work?Section 11, definition of work, paragraph (a) (ii) and note 2 3
6 Division 8A.1 heading 4
7 Deputy registrarSection 79H (1) and notes 4
8 Section 79J 4
9 Transitional—entitlement to payment instead of leaveNew section 97A (3) 6
10 New section 97B 7
11 New part 12 7
12 What is the building and construction industry?Schedule 1, section 1.1 (1) (b), except note 10
13 Schedule 2, sections 2.1 and 2.2 10
14 Service credit—contract cleaning industry—s 64Schedule 2, section 2.4 (1) 12
15 Leave payments for service as registered employee—contract cleaning industrySchedule 2, section 2.12 (2), definition of R, paragraph (b), example 13
16 Leave payments for service as registered voluntary member—contract cleaning industrySchedule 2, section 2.13 (3) (a) 13
17 What is the community sector industry?Schedule 3, section 3.1 (1) (b) and note 13
18 Entitlement to payment instead of leave—community sector industrySchedule 3, section 3.9 (1) 14
19 What is the security industry?Schedule 4, section 4.1 (1) (b), except note 14
20 Schedule 4, section 4.1 (2), definition of security activity, new note 15
21 Entitlement to payment instead of leave—security industrySchedule 4, section 4.9 (1) 15
22 Dictionary, definitions of cleaning work and contract cleaning industry 16
23 Dictionary, new definitions 16
24 Dictionary, new definitions 16
25 Dictionary, new definition of staff of the authority 16
26 Further amendments, mentions of contract cleaning industry 17
Schedule 1 Other amendments 18
Part 1.1 Labour Hire Licensing Act 2020 18
Part 1.2 Workers Compensation Act 1951 18
Long Service Leave (Portable Schemes) Amendment Act 2023
A2023-11
An Act to amend the Long Service Leave (Portable Schemes) Act 2009, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Long Service Leave (Portable Schemes) Amendment Act 2023.
Commencement
(1)The following provisions commence on the day after this Act’s notification day:
(a)section 3;
(b)section 23;
(c)schedule 1, part 1.2 (Workers Compensation Act 1951).
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)The following provisions commence on the 30th day after this Act’s notification day:
(a)sections 4 to 8;
(b)section 18;
(c)sections 20 and 21;
(d)section 25;
(e)schedule 1, part 1.1 (Labour Hire Licensing Act 2020).
(3)The remaining provisions commence 2 years after this Act’s notification day.
Legislation amended
This Act amends the Long Service Leave (Portable Schemes) Act 2009.
NoteThis Act also amends other legislation (see sch 1).
Who is an employer?
Section 7 (1)substitute
(1)A person is an employer, for a covered industry, if the person—
(a)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.
What is work?
Section 11, definition of work, paragraph (a) (ii) and note 2omit
cleaning work
substitute
services work
Division 8A.1 heading
substitute
Division 8A.1 The authority and governing board
Deputy registrar
Section 79H (1) and notessubstitute
(1)The registrar must appoint either of the following as deputy registrar for the authority:
(a)a member of staff of the authority;
(b)a public servant.
Note 1The registrar is the chief executive officer of the authority (see dict, def registrar and Financial Management Act 1996, dict, def chief executive officer).
Note 2For laws about appointments, see the Legislation Act, pt 19.3.
Section 79J
substitute
Division 8A.1A Staff of the authority
79JMeaning of staff of the authority—pt 8A
In this part:
staff of the authority means—
(a)the registrar; and
(b)staff employed under section 79JA; and
(c)consultants engaged under section 79JB.
79JAEmployment of staff
(1)The registrar may employ staff on behalf of the Territory.
(2)The staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the registrar as the chief executive officer of the authority in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
79JAATransitional—public servant staff
(1)This section applies if, immediately before the commencement day, the authority had an arrangement with the head of service to use the services of a public servant under section 79J (Arrangements for staff) as in force immediately before the commencement day.
(2)The public servant is taken, on the commencement day, to be a member of staff of the authority employed under section 79JA.
(3)This section expires 2 years after the commencement day.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
(4)In this section:
commencement day means the day the Long Service Leave (Portable Schemes) Amendment Act 2023, section 8 commences.
79JBConsultants
(1)The authority may engage consultants on behalf of the Territory.
(2)Consultants may be engaged on terms and conditions decided by the authority.
(3)However, the authority must not enter into a contract of employment under this section.
79JCDelegation by registrar
The registrar may delegate the registrar’s functions under this Act or another territory law to—
(a)a member of staff of the authority; or
(b)a public servant.
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
79JDOther arrangements for staff and facilities
The authority may arrange with the head of service to use—
(a)the services of a public servant; or
(b)territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
Transitional—entitlement to payment instead of leave
New section 97A (3)insert
(3)In this section:
contract cleaning industry—see the pre-amendment Act, schedule 2, section 2.1.
pre-amendment Act means this Act as in force immediately before the commencement of this section.
New section 97B
insert
97BTransitional—entitlement to payment instead of leave for person who became registered worker on or after 1 July 2012
(1)This section applies to a person who became a registered worker in the contract cleaning industry on or after 1 July 2012 but before the commencement of this section.
(2)Schedule 2, section 2.8, as in force immediately before the commencement of this section, continues to apply in relation to the person.
(3)In this section:
contract cleaning industry—see the pre-amendment Act, schedule 2, section 2.1.
pre-amendment Act means this Act as in force immediately before the commencement of this section.
New part 12
insert
Part 12Transitional—contract cleaning industry
Definitions—pt 12
In this part:
commencement day means the day the Long Service Leave (Portable Schemes) Amendment Act 2023, section 13 commences.
contract cleaning industry—see the pre-amendment Act, schedule 2, section 2.1.
pre-amendment Act means this Act as in force immediately before the commencement day.
Registered employers and workers
(1)A person who is a registered employer in the contract cleaning industry under the pre-amendment Act is, on the commencement day, taken to be a registered employer in the services industry.
(2)A person who is a registered worker in the contract cleaning industry under the pre-amendment Act is, on the commencement day, taken to be a registered worker in the services industry.
Applications for registration
(1)An application for registration as an employer for the contract cleaning industry made under the pre-amendment Act, section 31 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration as an employer for the services industry.
(2)An application for registration as a worker for the contract cleaning industry made under the pre-amendment Act, section 40 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration as a worker for the services industry.
(3)An application for registration of an employee as a worker for the contract cleaning industry made under the pre-amendment Act, section 41 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration of the employee as a worker for the services industry.
Service credit
(1)An employee in the contract cleaning industry who is entitled, under the pre-amendment Act, section 47 to credit for service for work done in that industry is, on or after the commencement day, entitled under section 47 to equivalent credit for service in the service industry for that work.
(2)Credit for service, received under the pre-amendment Act, section 47, for work done in the contract cleaning industry is, on or after the commencement day, taken to be credit for service received under section 47 for work done in the service industry.
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Long Service Leave (Portable Schemes) Amendment Act 2023.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
NoteA transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act, s 88).
Expiry—pt 12
This part expires 5 years after the commencement day.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
What is the building and construction industry?
Schedule 1, section 1.1 (1) (b), except notesubstitute
(b)in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
Schedule 2, sections 2.1 and 2.2
substitute
2.1What is the services industry?
(1)The services industry is—
(a)in relation to the ACT—any of the following industries:
(i)the industry in which employers provide cleaning work to other people through the provision of workers’ services (the cleaning services industry);
(ii)the industry that provides hairdressing or beauty services within the meaning of the ANZSIC, Division S, Class 9511, Hairdressing and Beauty Services (the hairdressing and beauty services industry);
(iii)the industry that provides accommodation, food, beverage and hospitality services within the meaning of the ANZSIC, Division H, Accommodation and Food Services (the accommodation and food services industry); and
(b)in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
(2)In this section:
ANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 as in force from time to time.
NoteThe ANZSIC is available free of charge at is services work?
(1)In this Act:
services work means—
(a)in relation to the cleaning services industry—
(i)work that has, as its only or main component, bringing premises into, or maintaining premises in, a clean condition; or
(ii)the collection or sorting of waste at, or for, an identified waste management facility if the employer providing the work through the provision of services does so under a contract with the Territory; and
(b)in relation to the hairdressing and beauty services industry—providing hairdressing services or providing beauty services (including nail care services, facials or applying make-up); and
(c)in relation to the accommodation and food services industry—providing short-term accommodation for visitors, or meals, snacks, and beverages for consumption by customers (whether at the provider’s principal place of business or elsewhere).
Note 1The Minister may declare work or an activity to be services work (see s 12 (2) (d)) or to not be services work (see s 13 (2) (d)).
Note 2For s (1) (b), medical skin care services such as cosmetic surgery and dermatology services and medical or surgical hair replacement or transplant services are excluded from the ANZSIC, Division S, Class 9511.
Note 3For s (1) (c), gambling institutions (casinos), amusement and recreation parks, long-term (residential) caravan parks, theatre restaurants, sporting clubs and other recreation or entertainment facilities providing food, beverage and accommodation services are excluded from the ANZSIC, Division H.
(2)However, in relation to the accommodation and food services industry, services work does not include providing professional, scientific and technical services within the meaning of the ANZSIC, Division M, Professional, Scientific and Technical Services.
(3)The Minister may determine that a facility is an identified waste management facility for subsection (1), definition of services work, paragraph (a) (ii).
(4)A determination is a notifiable instrument.
(5)In this section:
accommodation and food services industry—see section 2.1 (1) (a) (iii).
ANZSIC—see section 2.1 (2).
cleaning services industry—see section 2.1 (1) (a) (i).
hairdressing and beauty services industry—see section 2.1 (1) (a) (ii).
Service credit—contract cleaning industry—s 64
Schedule 2, section 2.4 (1)omit
cleaning work
substitute
services work
Leave payments for service as registered employee—contract cleaning industry
Schedule 2, section 2.12 (2), definition of R, paragraph (b), exampleomit
cleaning industry
substitute
services industry
Leave payments for service as registered voluntary member—contract cleaning industry
Schedule 2, section 2.13 (3) (a)omit
contract cleaning scheme industry funds
substitute
services industry scheme funds
What is the community sector industry?
Schedule 3, section 3.1 (1) (b) and notesubstitute
(b)in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
Note 1State includes the Northern Territory (see Legislation Act, dict, pt 1).
Note 2The definition of community sector industry was broadened to include residential aged care services and community aged care services with effect from 1 July 2016.
Entitlement to payment instead of leave—community sector industry
Schedule 3, section 3.9 (1)substitute
(1)This section applies to a registered worker for the community sector industry if the worker has 5 years recognised service and—
(a)all of the following apply:
(i)the worker has permanently left the industry;
(ii)20 weeks have passed since the day the worker permanently left the industry;
(iii)the worker has not been credited with service in the workers register for any of the days in the 20-week period; or
(b)any of the following apply:
(i)the worker has left the industry because of total incapacity;
(ii)the worker has reached the prescribed retiring age;
(iii)the worker has died.
What is the security industry?
Schedule 4, section 4.1 (1) (b), except notesubstitute
(b)in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
Schedule 4, section 4.1 (2), definition of security activity, new note
insert
NoteStated people, including a custodial officer and a police officer, are exempt from the application of the Security Industry Act 2003 (see that Act, s 9 and Security Industry Regulation 2003, s 6 (1)). Those stated people are not undertaking a security activity for the purposes of this Act.
Entitlement to payment instead of leave—security industry
Schedule 4, section 4.9 (1)substitute
(1)This section applies to a registered worker for the security industry if the worker has 5 years recognised service and—
(a)all of the following apply:
(i)the worker has permanently left the industry;
(ii)20 weeks have passed since the day the worker permanently left the industry;
(iii)the worker has not been credited with service in the workers register for any of the days in the 20-week period; or
(b)any of the following apply:
(i)the worker has left the industry because of total incapacity;
(ii)the worker has reached the prescribed retiring age;
(iii)the worker has died.
Dictionary, definitions of cleaning work and contract cleaning industry
omit
Dictionary, new definitions
insert
registered employee means an employee who is a registered worker.
registered voluntary member means a voluntary member who is a registered worker.
Dictionary, new definitions
insert
services industry—see schedule 2, section 2.1.
services work—see schedule 2, section 2.2.
Dictionary, new definition of staff of the authority
insert
staff of the authority, for part 8A (Administration)—see section 79J.
Further amendments, mentions of contract cleaning industry
omit
contract cleaning industry
substitute
services industry
in
· section 6
· section 47 (3), example
· section 65 (3) (b)
· schedule 2 heading
· schedule 2, sections 2.3 to 2.18
· dictionary, definition of covered industry schedule, paragraph (b)
· dictionary, definition of long service leave formula, paragraph (b)
· dictionary, definition of recognised service, paragraph (b)
· dictionary, definition of service period, paragraph (b)
Schedule 1Other amendments
(see s 3)
Part 1.1Labour Hire Licensing Act 2020
[1.1]Sections 47 and 48
omit
director-general
substitute
commissioner
[1.2]Section 49 heading
substitute
Authorised person must show identity card on exercising power
Part 1.2Workers Compensation Act 1951
[1.3]Schedule 3, sections 3.4 (1) (b), 3.6, 3.7 and 3.16 (a)
omit
regulator
substitute
director-general
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 22 November 2022.
Notification
Notified under the Legislation Act on 11 April 2023.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Long Service Leave (Portable Schemes) Amendment Bill 2023, which originated in the Legislative Assembly as the Long Service Leave (Portable Schemes) Amendment Bill 2022 and was passed by the Assembly on 29 March 2023.
Clerk of the Legislative Assembly
© Australian Capital Territory 2023
0
0
0