Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If a registered worker is entitled to payment instead of long service leave under this Act, the worker may apply to the authority for the payment.
Note If a form is approved under s 89 for an application, the form must be used.
(2) An application by a registered employee on the ground that the employee has ceased work in the building and construction industry because of total incapacity must be accompanied by a certificate of a doctor certifying that the employee is totally incapacitated for employment in the industry.
(3) The governing board may require an applicant mentioned in subsection (2) to submit himself or herself to a medical examination by a doctor chosen by the board for that purpose from a panel of 3 doctors nominated by the Australian Capital Territory Branch of the Australian Medical Association.
(4) All fees or charges payable for a medical examination under subsection (3) are to be paid by the authority.
(5) If an applicant fails, without reasonable excuse, to comply with a requirement under subsection (3), the governing board may refuse the application.
(6) If the governing board is satisfied that the applicant is entitled to payment instead of long service leave under this Act, the authority must pay to the applicant the amount payable under section 73 (How are leave payments worked out?).