New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 52

52 Appeal in relation to payment of interest on long service levies etc

(1) A person who is aggrieved by a direction given by the Corporation under section 46, or by the refusal of the Corporation to give such a direction, may appeal to the Committee for a review of the matter.

(2) Without affecting the generality of section 54, notice of appeal under subsection (1) shall:

(a) specify why the decision of the Corporation with respect to the direction or the refusal to give the direction is unreasonable, having regard to the circumstances notified to the Corporation at the time the decision was made, and

(b) be accompanied by a statutory declaration verifying the particulars set out in the application.

(3) Where a person requests the Corporation to give a direction and the Corporation fails to make a decision on the matter within 3 months after the request was made, the Corporation shall, for the purposes of subsection (1), be deemed to have refused to give the direction.

(4) The Committee may, in determining an appeal under subsection (1):

(a) confirm the decision of the Corporation with respect to the direction or the refusal to give the direction, or

(b) if it considers that the decision of the Corporation with respect to the direction or the refusal to give the direction is unreasonable having regard to the circumstances notified to the Corporation at the time the decision was made-give such directions to the Corporation with respect to the matter as the Committee considers appropriate.