LONG SERVICE LEAVE ACT 2018

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 4 Act binds the Crown  
• 5 Employees to whom this Act does not apply  

PART 2--LONG SERVICE LEAVE ENTITLEMENTS

• 6 Entitlement to long service leave  
• 7 Long service leave does not include public holidays or annual leave  
• 8 Leave in advance  
• 9 What happens if employment ends before leave is taken?  
• 10 What is to happen if the employee dies before leave is taken?  
• 11 Meaning of one employer  
• 12 Meaning of continuous employment  
• 13 Periods of absence from work that are taken to be periods of employment when calculating the length of a period of continuous employment  
• 14 Periods of absence from work not taken to be periods of employment when calculating the length of a period of continuous employment  
• 15 Meaning of ordinary pay and ordinary time rate of pay  
• 16 Normal weekly hours if none fixed or hours changed  
• 17 Normal weekly hours and ordinary time rate of pay if working in suitable employment or absent due to workplace illness or injury  
• 18 Employee may make request for long service leave  
• 19 Employer may direct employee to take long service leave  
• 20 Payment while on long service leave  
• 21 Pay increases while on leave  
• 22 Leave at half pay  
• 23 Contracting out prohibited  

PART 3--ENFORCEMENT

Division 1--Industrial Division of the Magistrates' Court

• 24 Jurisdiction of the Industrial Division of the Magistrates' Court  
• 25 Proceedings for offences to be brought in Industrial Division of the Magistrates' Court  
• 26 Recovery of money owed  
• 27 Order for reimbursement, reinstatement and compensation  
• 28 Order for payment of arrears or compensation on conviction  

Division 2--Authorised officers

• 29 Appointment of authorised officers  
• 30 Identity cards  
• 31 Power to require information or documents  
• 32 Retention of documents  
• 33 Confidentiality  

Division 3--Offences

• 34 Payments in lieu forbidden  
• 35 Offences concerning working during long service leave  
• 36 Adverse action taken against employee  
• 37 Offences concerning long service leave records  
• 38 Failing to produce documents or giving false or misleading documents  
• 39 Protection against self-incrimination  
• 40 Who can prosecute under this Act?  
• 41 Judicial notice  
• 42 Imputing conduct to bodies corporate or other employer  
• 43 Criminal liability of officers of bodies corporate—accessorial liability  
• 44 Offences by unincorporated associations  

PART 4--PRESERVATION OF SUPERIOR LONG SERVICE LEAVE ENTITLEMENTS

• 45 Application of Part  
• 46 Definition of award  
• 47 Preservation  

PART 5--PRESERVATION OF ACCRUED LONG SERVICE LEAVE ENTITLEMENTS

• 48 Definitions for this Part  
• 49 Protection of accrued entitlements  

PART 6--DISCLOSURE REQUIREMENTS FOR WORKPLACE AGREEMENTS

• 50 Disclosure of modified or removed long service leave entitlements  

PART 7--GENERAL

• 52 Supreme Court—limitation of jurisdiction  
• 53 Regulations  

PART 8--REPEAL OF LONG SERVICE LEAVE ACT 1992 AND SAVINGS ANDTRANSITIONAL PROVISIONS

Division 1--Long Service Leave Act 2018

• 55 Definitions  
• 56 Long Service Leave Act 1992 repealed  
• 57 Transitional provisions  

Division 2--Industrial Relations Legislation Amendment Act 2021

• 58 Transitional provision—Industrial Relations Legislation Amendment Act 2021  
ENDNOTES