New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986

- As at 1 October 2011
- Act 19 of 1986

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - ADMINISTRATION

           Division 1 - (Repealed)
           None

           Division 2 - Building and Construction Industry Long Service Payments Committee

   8.      Constitution of Committee
   9.      Functions of Committee

           Division 3 - (Repealed)
           None

   PART 3 - REGISTRATION OF WORKERS AND SERVICE CREDITS

           Division 1 - Register of workers

   15.     Corporation to keep register of workers

           Division 2 - Registration of workers

   16.     Applications for registration
   16A.    Employer to notify Corporation of employment of workers
   17.     Registration
   18.     Date of registration
   19.     Cancellation or suspension of registration

           Division 3 - Service credits

   20.     Contract of employment workers-certificates of service to be supplied by employers
   21.     Subcontract workers-claims for service credits
   22.     Service credits for building and construction work
   23.     Service credits in other cases
   24.     Limitations on and adjustments of service credits
   25.     Notice to registered workers of service credits
   26.     (Repealed)

   PART 4 - LONG SERVICE PAYMENTS

   27.     Definition
   28.     Entitlement to long service payments
   29.     Amount of long service payment
   30.     Long service payment not payable in certain cases
   30A.    Long service leave
   31.     Benefits under other laws
   31A.    Payment of alternative benefits to be notified
   32.     Payments to employers
   32A.    Entitlement to long service benefit for service in a reciprocating State or Territory
   32B.    Deemed minimum and maximum rates of pay

   PART 5 - LONG SERVICE LEVIES

   33.     Definitions
   34.     Buildings in respect of which long service levy payable
   35.     Rate of long service levy
   36.     Date long service levy becomes payable
   37.     Person liable to pay long service levy
   38.     The Crown and contractors to the Crown
   38A.    Crown contractors to give evidence of levy payment to Crown
   39.     Offence for failure to pay long service levy
   40.     Determination of cost of erecting building for purposes of this Part
   41.     Supplementary payment of long service levies
   42.     Refunds of long service levies
   43.     Payment of long service levies by instalments
   44.     Authorised agents for collection of long service levies
   45.     Certificate as to payment of long service levies
   46.     Interest on, and extension of time for payment of, long service levies
   47.     Recovery of long service levies
   48.     Penalties no relief from long service levies

   PART 6 - APPEALS TO COMMITTEE

   49.     Appeal against refusal or cancellation of registration
   50.     Appeal against refusal of service credits
   50A.    Appeal against limitation of long service payment by operation of deemed minimum and maximum rates of pay
   51.     Appeal in relation to long service levy
   52.     Appeal in relation to payment of interest on long service levies etc
   53.     Hearing and determination of appeals by 2 or more members
   54.     Appeals-general provisions
   54A.    Personal representative of deceased person may appeal on person’s behalf

   PART 7 - MISCELLANEOUS

   55.     Arrangements with other States and Territories
   56.     Keeping of books and records
   57.     Service of notices or other documents
   58.     Power of entry and inspection
   58A.    False statements
   59.     Disclosure of information
   60.     Authentication of certain documents by Corporation
   61.     Recovery of charges etc by Corporation
   62.     Protection from liability
   63.     Offences by corporations
   64.     Proceedings for offences
   65.     Regulations
   66.     Repeals
   67.     Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3