New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 23

23 Service credits in other cases

(1) A registered worker who:

(a) performed building and construction work under a contract (whether or not a contract of employment) that was terminated (whether by the worker or the employer), and

(b) has not, since the termination of that contract, performed paid work of any kind, and

(c) in the financial year in which the contract was terminated, or in any of the 3 subsequent financial years, suffered an illness or injury that is certified in writing by a medical practitioner to be of such a nature as to render the registered worker reasonably unable to perform building and construction work (whether or not any such work was available for the registered worker and whether or not the illness or injury existed before the registered worker last performed any such work),

is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days during which the worker was certified as being unable to perform building and construction work.

(2) A registered worker who:

(a) performed building and construction work under a contract (whether or not a contract of employment) that was terminated (whether by the worker or the employer), and

(b) has not, since the termination of that contract, performed paid work of any kind, and

(c) has, since the termination of that contract, in any financial year undertaken a training course recognised by the Corporation as being relevant to the building and construction industry in order to enhance the registered worker’s prospects of being employed in the industry,

is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent undertaking the course while unemployed during that year.

(3) A registered worker who in any financial year performs voluntary work in the nature of building and construction work in New South Wales as a result of an emergency declared or otherwise recognised under the State Emergency and Rescue Management Act 1989 or under any similar Act of the State or of the Commonwealth, is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent performing that voluntary work during that year.

(4) A registered worker who in any financial year performs light duty work assigned to the worker in accordance with the Workers Compensation Act 1987 , while partially incapacitated for work as a result of an injury (as defined in that Act) sustained while performing building and construction work is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent performing that light duty work during that year.

(5) Subsection (4) does not apply in respect of light duty work performed during a financial year that commenced more than 3 years after the date of the relevant injury.

(6) A registered worker who in any financial year performed unpaid work in the nature of building and construction work on a residential building (being a building constructed or acquired by the worker solely for the purpose of subsequent sale by the worker) is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent performing that unpaid work while unemployed during that year.

(7) Without limiting the power of the Corporation to determine a number of days’ service to be equivalent, for the purposes of an entitlement under this section, to a number of full days in a period during which such an entitlement arises, the Corporation may, in the case of any such period that is greater than one week, determine that two-thirds of the number of days in the period is the proper service equivalent.

(8) Entitlements under this section must be claimed by the registered worker concerned, who must make out the claim to the satisfaction of the Corporation.

(9) This section has effect subject to section 24.