New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 28

28 Entitlement to long service payments

(1) A person who is a registered worker having service credits in the register of workers may apply to the Corporation in the approved form for a long service payment if:

(a) the person has completed 10 years’ service as a worker,

(c) the person has completed 5 years’ service as a worker and satisfies the Corporation that he or she has permanently ceased to perform building and construction work,

(d) the person has completed 55 days’ service as a worker and, having attained the prescribed retiring age, satisfies the Corporation that he or she has permanently ceased to perform building and construction work,

(e) the person has completed 55 days’ service as a worker and a registered medical practitioner has certified the person to be totally and permanently incapacitated for building and construction work,

(f) the person has completed 5 years’ service as a worker since the person:

(i) first became entitled to apply for a long service payment by virtue of paragraph (a), or

(ii) would have become so entitled but for the operation of any provision of section 31,

whether or not any such payment was made, or

(g) the person has completed 5 years’ service as a worker since the person:

(i) last became entitled to apply for a long service payment under paragraph (f), or under any previous application of this paragraph, or

(ii) would have become so entitled but for the operation of any provision of section 31,

whether or not any such payment was made.

(2) The personal representative of a person who died having service credits in the register of workers may apply to the Corporation in the approved form for a long service payment if:

(a) the person was, immediately before death, entitled to apply for a long service payment by virtue of subsection (1) (a), (f) or (g),

(b) the person had, immediately before the date of death, completed 10 or more years’ service as a worker, or

(c) the person had, immediately before that date, completed at least 55 days’ service as a worker but was not a worker referred to in paragraph (a) or (b).

(3) A payment made by the Corporation in respect of an application under subsection (2) is valid and effectual against any demand in respect of the payment by any other person.

(3A) If payment is made in respect of an application under subsection (2), before the grant of letters of administration of the estate, to the personal representative of a person who died intestate, the personal representative holds the payment subject to the same trusts as if he or she had obtained such a grant.

(3B) A payment must not be made in respect of an application under subsection (2) after evidence has been produced to the Corporation of the grant of letters of administration of the estate, or probate of the will, of the deceased person, except to the person who has obtained the letters of administration or probate of the will (as appropriate).

(4) In this section:

(a) a reference to service as a worker is a reference to service as a worker in New South Wales or to service as a worker partly in New South Wales and partly in one or more reciprocating States or Territories, and

(b) a reference to a period of service, in relation to a person, does not include a period of service in respect of which the person has previously received a long service payment by virtue of subsection (1) (c), (d) or (e) or a corresponding provision of the former Act or has previously received a long service benefit by virtue of a corresponding provision of a corresponding law.

(5) In this section, "personal representative", in relation to a payment in respect of a person who has died, means:

(a) in the case of a person who died wholly or partially intestate-any person who appears to the Corporation to be entitled to obtain a grant of letters of administration of the estate of the person, and

(b) in the case of a person who died testate-any person who appears to the Corporation to be entitled to receive the relevant payment under the will of the person.