New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 19

19 Cancellation or suspension of registration

(1) In this section, "non-service day", in respect of a registered worker, means a day in respect of which the worker did not accumulate a service credit (not being a day prescribed by the regulations as a day to be disregarded in calculations made under subsection (1A) or (1B) in respect of the worker).

(1A) The Corporation is to cancel the registration of a registered worker who has not been credited with at least 5 years’ service in the register of workers if non-service days amounting to 4 years have elapsed since the last date in respect of which the worker was credited with service under this Act or in a record of building and construction workers kept under a corresponding law.

(1B) The Corporation may suspend the registration of a registered worker who has been credited with at least 5 years’ service in the register of workers if non-service days amounting to 4 years have elapsed since the last date in respect of which the worker was credited with service under this Act or in a record of building and construction workers kept under a corresponding law.

(2) The Corporation may at any time cancel the registration of a registered worker if it is satisfied that the person concerned is not a worker and that the person’s application to become a registered worker should have been refused.

(2A) The Corporation is to cancel the registration of a worker:

(a) on the making of any payment in accordance with section 28 (1) (c), (d) or (e), or section 28 (2), in respect of the worker, or

(b) at the request of the worker,

and on such cancellation the name of the worker may be removed from the register of workers.

(3) Where the Corporation cancels the registration of a registered worker under subsection (1A) or (2), it shall remove the name of the registered worker from the register of workers:

(a) on the expiration of the period of 42 days after the Corporation notifies the registered worker of the cancellation, or

(b) where an appeal under Part 6 is lodged against the cancellation within that period-on the date the appeal is withdrawn or the cancellation is confirmed.

(4) Upon the removal of the name of a person from the register of workers:

(a) the person shall cease to be a registered worker, and

(b) the person or the personal representative of the person shall not be entitled to apply for or be paid any long service payment in respect of any day’s service then credited to the person in the register of workers.

(5) Nothing in this section prevents a person whose name has been removed from the register of workers in accordance with this section from subsequently becoming a registered worker.

(6) The Corporation may:

(a) restore a suspended registration at any time, or

(b) restore a cancelled registration:

(i) at any time within 6 years after the date of cancellation, if the Corporation is satisfied that special circumstances exist warranting reinstatement, or

(ii) at any time, if required to do so in accordance with an agreement in force under section 55.

(7) Restoration under subsection (6) (b) (i) of a cancelled registration may be taken by the Corporation to be effective from any date within 6 years after the date of cancellation.