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COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020 - As at 1 February 2024 - Act 19 of 2020

- As at 1 February 2024 - Act 19 of 2020

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons
  • 4 Main purpose of Act

PART 2 - INTERPRETATION

PART 3 - COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) AUTHORITY

Division 1 - Establishment and status

  • 10 Establishment
  • 11 Legal status
  • 12 Authority is a statutory body

Division 2 - Functions and powers

  • 13 Functions
  • 14 Powers

Division 3 - Board

Subdivision 1 - Establishment, functions and powers
  • 15 Establishment
  • 16 Functions
  • 17 Powers
  • Subdivision 2 - Membership
  • 18 Members
  • 19 Deputy chairperson
  • 20 Term of appointment
  • 21 Conditions of appointment
  • 22 Disqualification
  • 23 Vacancy of office
  • 24 Acting director
  • Subdivision 3 - Business
  • 25 Meaning of material personal interest
  • 26 Conduct of business
  • 27 Attendance at meetings by electronic means
  • 28 Frequency of meetings
  • 29 Presiding at board meetings
  • 30 Minutes
  • 31 Quorum
  • 32 Voting at board meetings
  • 33 Disclosure of interests at board meetings
  • 34 Decisions on questions in writing

Division 4 - Administration

  • 35 Administration subject to Minister
  • 36 General manager
  • 37 Management of authority
  • 38 Staff and services for authority
  • 39 Document presumed to be properly made
  • 40 Agreement about administration of Act

Division 5 - Financial provisions

  • 41 Funds
  • 42 Proposed budget and budget reports
  • 43 Actuarial investigation of funds

PART 4 - REGISTERS

Division 1 - Registration of workers

  • 44 Authority to keep register of workers
  • 45 Application for registration as a registered worker
  • 46 Authority to decide application
  • 47 Authority may register worker without application
  • 48 Information to be entered in register of workers
  • 49 Determining individual’s registration day
  • 50 Other information requested for the register of workers
  • 51 Show cause notice before cancellation
  • 52 Cancellation of registration

Division 2 - Registration of employers

  • 53 Authority to keep register of employers
  • 54 Application for registration as a registered employer
  • 55 Court order about application
  • 56 Authority to decide application
  • 57 Information to be entered in register of employers
  • 58 Employer to give notice of change to information given
  • 59 Authority may require information or documents from employer
  • 60 Cancellation of registration

PART 5 - SERVICE CREDITS, RETURNS, PAYMENTS AND RECORDS

  • 61 Meaning of engagement period for a worker
  • 62 Crediting service
  • 63 Limitations on crediting service
  • 64 Notice to registered workers about service credits
  • 65 Employer must give return
  • 66 Payments of levy for return period
  • 67 Decisions about ordinary wages in returns
  • 68 Employer may apply for exemption from lodging return
  • 69 Civil penalty for failure to give return or pay levy
  • 70 Employer to keep record for each worker

PART 6 - LONG SERVICE LEAVE

Division 1 - Preliminary

Division 2 - Application for and entitlement to long service leave

  • 72 Application for long service leave entitlement by registered worker
  • 73 Entitlement to long service leave

Division 3 - Calculation and payment of long service leave

  • 74 Amount of long service leave payment
  • 75 Long service leave not payable in particular cases
  • 76 Payments to employers after registered worker paid long service leave
  • 77 Payment to employers before registered worker paid long service leave
  • 78 If employer unable to pay entitlement
  • 79 Authority may pay if employer insolvent
  • 80 Entitlement if credit for service accrued elsewhere
  • 81 Entitlement if corresponding authority pays
  • 82 Payment may be deferred
  • 83 Authority’s liability confined to long service leave

PART 7 - LEVIES

  • 84 Imposition of levy
  • 85 Amount of levy
  • 86 Authority may require information or documents if levy not paid
  • 87 Additional levy payments
  • 88 Interest on levy and extension of time for payment of levy
  • 89 Recovery of levy amount
  • 90 Penalties no relief from levy

PART 8 - REVIEWS AND APPEALS

Division 1 - Purpose of part

  • 91 Purpose

Division 2 - Internal review of original decisions

  • 92 Application for internal review
  • 93 Internal review of original decision

Division 3 - Appeals to industrial magistrate

  • 94 Who may appeal
  • 95 Starting appeal
  • 96 Directions
  • 97 Where appeal heard
  • 98 Attendance notice

Division 4 - Appeals to industrial court

  • 99 Appeal

PART 9 - AUTHORISED OFFICERS

Division 1 - Appointment

  • 100 Authorised officers under part
  • 101 Functions of authorised officers
  • 102 General manager is an authorised officer
  • 103 Appointment and qualifications
  • 104 Appointment conditions and limit on powers
  • 105 When office ends
  • 106 Resignation

Division 2 - Identity cards

  • 107 Issue of identity card
  • 108 Production or display of identity card
  • 109 Return of identity card

Division 3 - Powers of authorised officers

PART 10 - PROCEEDINGS FOR OFFENCES

  • 112 Proceedings for offences
  • 113 Powers of industrial magistrate
  • 114 Evidentiary certificates about returns
  • 115 Evidentiary certificates about levy payments
  • 116 Other evidentiary certificates
  • 117 Penalties to be paid to authority

PART 11 - MISCELLANEOUS

  • 118 Offence of improper disclosure of information
  • 119 Arrangements with other States
  • 120 Declaration about arrangements with other States
  • 121 General manager’s power of delegation
  • 122 Protecting officials from liability
  • 123 Review of Act
  • 124 Approved forms
  • 125 Regulation-making power

PART 12 - TRANSITIONAL PROVISION

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