Australian Capital Territory Consolidated Acts

LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 70

    (1)     This section applies to a registered worker who has at least 5 years recognised service if—

        (a)     the worker has permanently left the building and construction industry; and

        (b)     at least 20 weeks have passed since the day the worker permanently left the industry; and

        (c)     the worker has not been credited with service in the workers register for any of the days in the 20-week period.

    (2)     This section applies also if a registered worker has at least 55 days recognised service and any of the following apply to the worker:

        (a)     the worker has left the building and construction industry because of total incapacity;

        (b)     the worker has reached the prescribed retiring age;

        (c)     the worker has died.

    (3)     Further, this section applies to a registered worker if—

        (a)     the worker has at least 10 years recognised service; and

        (b)     if the worker is an employee—the employee's employer has told the authority, in writing, that the employer agrees to the making of the payment.

    (4)     If the governing board is satisfied that this section applies to the worker, the worker is entitled to payment instead of long service leave for the amount of long service leave credited to the worker in the workers register.

    (5)     In this section:

"prescribed retiring age" means—

        (a)     in relation to a registered worker who has been granted a service pension under the Veterans' Entitlements Act 1986 (Cwlth), section 38 (Eligibility for partner service pension)—the age at which the worker first receives payment of the service pension; or

        (b)     in any other case—55 years.