New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 49

49 Appeal against refusal or cancellation of registration

(1) A person may appeal to the Committee against a decision of the Corporation:

(a) to refuse an application for registration as a worker (whether the application was made by the appellant or on the appellant’s behalf, and whether or not it sought registration of the appellant or a person employed by the appellant), or

(b) to cancel the person’s registration (otherwise than as authorised by section 19 (2A)) as a worker.

(2) If the Corporation fails to give, within 3 months after receipt by the Corporation of an application by a person to become a registered worker, a decision with respect thereto, the Corporation shall, for the purposes of subsection (1) (a), be deemed to have refused the application.

(3) The Committee may, in determining an appeal under subsection (1) (a), confirm the refusal or, if satisfied that the person is a worker, approve the application by the person to become a registered worker.

(4) The Committee may, in determining an appeal under subsection (1) (b), confirm the cancellation or:

(a) in the case of a cancellation under section 19 (1A)-quash the decision of the Corporation if satisfied that the registered worker was entitled under this Act to be credited with service in the register of workers during the period of 4 years immediately preceding the cancellation, or

(b) in the case of a cancellation under section 19 (2)-quash the decision of the Corporation if satisfied that the person concerned is a worker and that the person’s application to become a registered worker was approved in accordance with this Act.