Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• chief executive (see s 163)
• function
• month
• notifiable instrument (see s 10)
• public servant
• reviewable decision notice.
"agreement" means an industrial agreement made under the Workplace Relations Act 1996 (Cwlth).
"approved training contract—"see the Training and Tertiary Education Act 2003, dictionary.
"associated company" means a company that is a subsidiary, holding company or related body corporate under the Corporations Act, section 9.
"authorised officer" means a person who is an authorised officer under section 13A.
"award "means an award or determination under the Workplace Relations Act 1996 (Cwlth).
"award holiday" means a day that is, under an award or agreement, a holiday for people employed in an industry.
"casual employee" means a person who is, from time to time offered regular and systematic employment on the basis that the offer of employment might be accepted or rejected and in circumstances where it could be expected by that person that further employment of the same type would or might be offered and accepted, but in respect of which there is no certainty about the period over which it would continue to be offered.
"continuous service", in relation to an employee, includes—
(a) a period of annual leave or long service leave; and
(b) a period of leave, not exceeding 2 weeks in any 1 year, taken because of illness or injury; and
(c) a period during which the service of the employee is interrupted or ended by his or her employer with the intention of avoiding the granting of long service leave; and
(d) for an employee who begins service with an employer within 1 year after the day the employee's apprenticeship, or an approved training contract, with the employer ends—the period of the apprenticeship or approved training contract.
"determination" includes a variation, suspension, interpretation or cancellation of a determination.
"employee" includes—
(a) a person who is remunerated at piecework rates; and
(b) a part-time employee; and
(c) a casual employee.
"minimum retiring age", in relation to a person, means—
(a) if a minimum retiring age applies to the person under an award or agreement—the age fixed by the award or agreement; and
(b) in any other case—the age of 65 years.
"ordinary remuneration", in relation to an employee, means the sum of—
(a) the salary or wages payable to the employee; and
(b) any allowances payable to the employee in respect of skill, qualifications, board and lodging; and
(c) any amounts payable to the employee under a bonus, performance pay or incentive scheme, being amounts that are usually paid to the employee with his or her salary or wages; and
(d) where the employee is provided with board and lodging by his or her employer, an amount equal to the value of that board and lodging.
"period of service"—see section 2G (Periods of service).
"salary or wages" does not include—
(a) payments in respect of overtime; or
(b) payments at penalty rates of pay; or
(c) allowances which, under an award or agreement, are not to be taken into account in determining a rate of remuneration in respect of overtime.
"trainee" means the person who is obliged under an approved training contract to undertake training.
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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
This Act was originally a Commonwealth ordinance—the Long Service Leave Ordinance 1976 A1976-27 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Long Service Leave Act 1976 No 27
notified 16 June 1976
commenced 16 June 1976
as amended by
Long Service Leave (Amendment) Ordinance 1978 No 20
notified 8 August 1978
commenced 8 August 1978
Long Service Leave (Amendment) Ordinance 1981 No 24
notified 10 September 1981
commenced 10 September 1981
Ordinances Revision (Companies Amendments) Ordinance 1982 No 38 sch 4
notified 30 June 1982
commenced 1 July 1982 (s 2)
Long Service Leave (Amendment) Ordinance 1987 No 73
notified 22 December 1987
commenced 1 January 1988 (s 2)
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Statute Law Revision (Miscellaneous Provisions) Act 1993 No 1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
sch 1 commenced 1 March 1993
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and see Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Statute Law Revision Act 1995 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
sch commenced 18 December 1995 (s 2)
Long Service Leave (Amendment) Act 1997 No 68
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
remainder commenced 17 December 1997 (s 2 (2) and Gaz 1997 No S416)
Long Service Leave (Cleaning, Building and Property Services) Act 1999 No 85 s 69
notified 23 December 1999 (Gaz 1999 No S65)
pt 1, pt 2 commenced 23 December 1999 (s 2 (1))
s 69 commenced 23 June 2000 (s 2 (3))
Legislation (Consequential Amendments) Act 2001 No 44 pt 229
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 229 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.35
notified 5 September 2001 (Gaz 2001 No S65)
amdts commenced 5 September 2001 (s 2 (1))
Vocational Education and Training Act 2003 A2003-37 sch 2 pt 2.5
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
sch 2 pt 2.5 commenced 1 November 2003 (s 2)
Long Service Leave Legislation Amendment Act 2003 A2003-45 pt 2
notified LR 2 October 2003
s 1, s 2 commenced 2 October 2003 (LA s 75 (1))
pt 2 commenced 3 October 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.52
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.52 commenced 9 April 2004 (s 2 (1))
Long Service Leave Amendment Act 2005 A2005-22
notified LR 12 May 2005
s 1, s 2 commenced 12 May 2005 (LA s 75 (1))
ss 3-12, sch 1 commenced 13 May 2005 (s 2 and CN2005-5)
remainder commenced 20 May 2005 (s 2 and CN2005-7)
Occupational Health and Safety Legislation Amendment Act 2005 A2005-38 s 5
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
s 5 commenced 31 August 2005 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.63
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.63 commenced 12 April 2007 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.9
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.9 commenced 1 July 2007 (s 2 and CN2007-3)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.71
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.71 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Long Service Leave Legislation Amendment Act 2008 A2008-43
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
remainder commenced 10 September 2008 (s 2)
Preliminary
pt
1 hdg ins A2005-22 s 4
Name of
Act
s 1 sub A2005-22 s
4
Dictionary
s
2 am 1981 No 24 s 2; 1987 No 73 s 4; 1997 No 68 s 4; 1999 No 85 s 69;
ss renum R6 LA
defs reloc to dict
A2005-22 s 6
s 2 remainder om
A2005-22 s 7
pres s 2 ins A2005-22 s
7
def approved training
agreement ins 1997 No 68 s 4
om
A2003-37 amdt 2.10
def associated
company am 1982 No 38 sch 4; 1995 No 46 sch; 1997 No 68 s
4
om A2005-22 s
5
def award holiday om
A2005-22 s 5
def continuous
service am 1997 No 68 s 4; A2003-37
amdt 2.12
om A2005-22 s
5
def minimum retiring age
am 1987 No 73 s 4
om A2005-22 s
5
def training agreement
ins 1997 No 68 s 4
om A2003-37 amdt
2.14
Notes
s
2A ins A2005-22 s 7
Offences against Act—application of
Criminal Code etc
s 2B ins
A2005-22 amdt 1.1
Important
concepts
pt 2 hdg ins A2005-22 s
7
Commission recipients may be
employees
s 2C ins A2005-22 s
7
Benefits under this Act and LSL (BCI)
Act
s 2D ins A2005-22 s
7
am A2008-43 s 4
Benefits under this Act and LSL (CCI)
Act
s 2E ins A2005-22 s
7
am A2008-43 s 5
Working out remuneration—employee also
receives commission
s 2F ins
A2005-22 s 7
Periods of
service
s 2G ins A2005-22 s
7
am A2005-38 s 5
Entitlement to long service
leave
s
3 sub 1987 No 73 s
5
am 1997 No 68 s
5
sub A2005-22 s
8
am A2008-43 s 6
Amount of long service
leave
s
4 sub 1987 No 73 s 5; A2005-22 s
8
Entitlement to payment in lieu of
payment
s 5 am 1978 No
20
om 1987 No 73 s
5
Grant of
leave
s 6 am 1978 No 20; 1994 No
81 sch; 1997 No 68 s 6
sub A2005-22
amdt 1.2
am A2008-43 s 7, s
8
Payment for
leave
s 7 am 1997 No 68 s
7
Manner of payment for
leave
s 8 am 1978 No 20; 1994 No
81 sch; 1997 No 68 s 8; ss renum R6 LA; A2005-22 amdt 1.3; ss renum R10 LA
(see A2005-22 amdt 1.4)
Public holidays not to count as
leave
s 9 sub A2003-45 s
4
Continuity of service in certain
cases
s 10A ins 1987 No 73 s
6
Pay in lieu of long service
leave
s 11A ins 1987 No 73 s
7
am 1997 No 68 s 9; A2008-43 s
9
Pay for ineligible service after 7
years
s 11B hdg sub A2005-22 s
9
s 11B ins 1987 No 73 s
7
am 1997 No 68 s
10
om A2008-43 s 10
Pro rata long service leave
entitlement
s 11C ins 1987 No 73
s 7
am 1997 No 68 s 11; A2003-45 s
5; A2005-22 s 10
Calculation of ordinary
remuneration
s 11D ins 1987 No 73
s 7
am 1997 No 68 s
12
Long service leave
records
s 12 am 1978 No 20; 1994
No 81 sch; 1997 No 68 s 13; pars renum R6
LA
sub A2005-22 amdt
1.5
Administration and
enforcement
pt 3 hdg ins A2005-22
s 11
Registrar of long service
leave
s 13 sub 1994 No 97 sch pt
1; 1997 No 68 s 13
am 2001 No 44
amdt 1.2680, amdt 1.2681
sub
A2005-22 s 11
(3)-(5) exp 13 May
2006 (s 13 (5))
Appointment of authorised
officers
s 13A ins 1997 No 68 s
14
sub A2005-22 s
11
(2)-(4) exp 13 May 2006 (s 13A
(4))
Identity
cards
s 13B ins 1997 No 68 s
14
sub A2005-22 amdt
1.6
(5)-(7) exp 13 May 2005 (s 13B
(7))
Powers of entry of authorised
officers
s 13C ins 1997 No 68 s
14
Complaints
s
13D ins 1997 No 68 s 14
am 2001 No
44 amdts 1.2682-1.2685; A2007-3 amdt 3.350
Notice to comply with
Act
s 13E ins 1997 No 68 s
14
sub A2005-22 amdt
1.7
Internal review by
registrar
s 13F ins 1997 No 68 s
14
sub A2008-37 amdt
1.308
Review by
ACAT
s 13G ins 1997 No 68 s
14
sub A2008-37 amdt
1.308
Failing to comply with requirement of
authorised officer
s 13H hdg sub
A2004-15 amdt 2.113
s 13H ins 1997 No
68 s 14
am A2004-15 amdt 2.114, amdt
2.115
om A2005-22 amdt
1.8
Liability
s
13J ins 1997 No 68 s 14
am 2001 No
44 amdt 1.2686, amdt 1.2687
sub
A2007-3 amdt 3.351
Delegation by
registrar
s 13K ins 1997 No 68 s
14
sub A2007-3 amdt
3.352
Miscellaneous
pt
4 hdg ins A2005-22 s 12
Offence
s
15 om 1978 No 20
Application of
Act
s 16 am A2005-22 s
13
exp 20 May 2005 (s 16
(5))
Approved
forms
s 17 om 1993 No 1 sch
1
ins 2001 No 44 amdt
1.2688
am A2007-3 amdt
3.353
Regulation-making
power
s 18 am 1989 No 38 sch
1
sub 1997 No 68 s 15; 2001 No 44
amdt 1.2688
Dictionary
dict ins
A2005-22 s 14
am A2008-37 amdt
1.309
def agreement am
1997 No 68 s 4
reloc from s 2
A2005-22 s 6
def approved training
contract ins A2003-37 amdt
2.11
reloc from s 2 A2005-22 s
6
am A2007-12 amdt
1.14
def associated company
ins A2005-22 s 14
def
authorised officer ins 1997 No 68 s
4
reloc from s 2 A2005-22 s
6
def award am 1997 No 68
s 4
sub 2001 No 56 amdt
3.445
reloc from s 2 A2005-22 s
6
def award holiday ins
A2005-22 s 14
def casual employee
ins 1997 No 68 s
4
reloc from s 2 A2005-22 s
6
def continuous service
ins A2005-22 s 14
def
determination sub 1989 No 38 sch
1
reloc from s 2 A2005-22 s
6
def employee sub 1981 No
24 s 2l; 1997 No 68 s
4
reloc from s 2 A2005-22 s
6
def minimum retiring age
ins A2005-22 s 14
def
ordinary remuneration am 1997 No 68 s
4
reloc from s 2 A2005-22 s
6
def period of service ins
A2005-22 s 14
def salary or wages
reloc from s 2 A2005-22 s 6
def
trainee ins 1997 No 68 s
4
am A2003-37 amdt
2.13
reloc from s 2 A2005-22 s
6
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
ord 1989 No 38 |
31 May 1991 |
|
2 |
Act 1993 No 1 |
31 August 1993 |
|
3 |
Act 1994 No 97 |
31 January 1995 |
|
4 |
Act 1995 No 46 |
30 November 1996 |
|
5 |
Act 1997 No 68 |
31 December 1997 |
|
6* |
A2001-56 |
23 January 2002 |
|
7 |
A2003-45 |
3 October 2003 |
|
8 |
A2003-45 |
1 November 2003 |
|
9 |
A2004-15 |
9 April 2004 |
|
10 (RI) |
A2005-22 |
18 May 2005 |
|
11 (RI) |
A2005-22 |
19 May 2005 |
|
12 |
A2005-22 |
20 May 2005 |
|
13 |
A2005-22 |
21 May 2005 |
|
14* |
A2005-38 |
31 August 2005 |
|
15 |
A2005-38 |
14 May 2006 |
|
16 |
A2007-3 |
12 April 2007 |
|
17 |
A2007-12 |
1 July 2007 |
|
18 |
A2008-43 |
10 September 2008 |
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