New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 24

24 Limitations on and adjustments of service credits

(1) A person shall not be credited in the register of workers with any day’s service in the building and construction industry unless that day was on or after the date, shown in that register, on which the person became a registered worker. A registered worker shall not be credited in the register of workers with more than 220 days’ service in the building and construction industry in respect of any financial year.

(2) A registered worker shall not be credited in the register of workers with more than 220 days’ service in the building and construction industry in respect of any year ending 30 June.

(2A) Where:

(a) in respect of any financial year a registered worker would, but for this subsection, be entitled to be credited in the register of workers kept under this Act with a period of service and to be credited in a record of building and construction workers’ service kept under a corresponding law with another period of service, and

(b) those periods of service together amount to more than 220 days,

the period of service with which the worker may be credited in the register of workers kept under this Act shall be adjusted as prescribed.

(2B) The adjustment referred to in subsection (2A) shall be made:

(a) on the making of an application under this Act or under a corresponding law for a long service payment to be made or a long service benefit to be paid in respect of a period of service that includes either or both of the periods of service referred to in that subsection, or

(b) at such other times as the Corporation may decide.

(3) Where:

(a) a long service payment is made to a person as a result of an application made under section 28 (1) by virtue of the person’s having fulfilled the requirements specified in section 28 (1) (c) or (d), or

(b) a long service benefit is paid to a person as a result of an application made under a provision of a corresponding law that corresponds to section 28 (1) by virtue of the person’s having fulfilled requirements similar to those so specified,

the person shall not be credited in the register of workers with any day’s service in respect of building and construction work performed by that person during that period of 12 months immediately following the date of that application.

(4) Section 32, however, applies to each day’s service referred to in subsection (3) as though it had been credited to the worker.

(6) A service credit that, calculated in accordance with section 22 or 23, results in a number of days consisting of a whole number plus a fraction is to be adjusted to the next succeeding whole number.