Northern Territory Numbered Acts

PORTABLE LONG SERVICE LEAVE (COMMUNITY SERVICES SECTOR) ACT 2024 (NO 14 OF 2024)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Object of Act  
   4.      Interpretation  
   5.      Meaning of employee  
   6.      Meaning of employer  
   7.      Act applies according to particular sector  
   8.      Act binds Crown  
   9.      Application of Criminal Code  

   PART 2--INDUSTRY BOARDS

           Division 1--Corporate provisions, functions and powers

   10.     Key features of industry boards  
   11.     Functions and powers of industry boards  
   12.     Industry boards may make rules  
   13.     Industry boards to act reasonably and advance object of Act  

           Division 2--Membership of industry boards

   14.     Constitution of industry board  
   15.     Acting appointment  
   16.     Vacation of office  
   17.     Termination of appointment  
   18.     Disclosure of interest  
   19.     Validity of acts  

           Division 3--Procedure

   20.     Industry board meetings  

           Division 4--Registrar, Deputy Registrar and staff

   21.     Registrar  
   22.     Deputy Registrar  
   23.     Staffing arrangements  

           Division 5--Financial matters

   24.     Industry fund  
   25.     Money of industry board  
   26.     Account keeping and controls  
   27.     Refund or additional payment  
   28.     Treasurer's approval  

           Division 6--Related matters

   29.     Delegations  
   30.     Provision of information to Minister  
   31.     Direction by Minister  
   32.     Annual report  
   33.     Industry board to provide Auditor-General with financial statements  

   PART 3--REGISTRATION

           Division 1--Registration of employees

   34.     Industry board to register employees  
   35.     Information to be included in register  
   36.     Employee may give notice of change to information  
   37.     Cancellation of registration  

           Division 2--Registration of employers

   38.     Industry board to register employers  
   39.     Application for registration as registered employer  
   40.     Information to be entered in register  
   41.     Employer to give notice of change to information  
   42.     Industry board may require information or documents from employer before registering on own initiative  
   43.     Cancellation of registration  

           Division 3--Related provisions

   44.     Form and amendment of registers  
   45.     Inspection of registers  

   PART 4--LONG SERVICE LEAVE ENTITLEMENTS

           Division 1--Preliminary matters

   46.     Employment percentages  
   47.     Defined weekly payment benchmark  
   48.     Meaning of break of continuity  

           Division 2--Entitlements

   49.     Qualifying service period  
   50.     Completed years of service  
   51.     Long service leave entitlement  
   52.     Taking long service leave  
   53.     Payments for long service leave  
   54.     Payments for long service leave if employment ends  
   55.     Payments for long service leave if service elsewhere  
   56.     Entitlement if corresponding authority pays  

           Division 3--Information system

   57.     Information system to be established  

   PART 5--LEVIES, RETURNS AND RECORDS

           Division 1--Levies and returns

   58.     Imposition of levies  
   59.     Industry levy rate  
   60.     Returns by employers  
   61.     Payment of levy  
   62.     Use of estimates  
   63.     Interest on levy  
   64.     Recovery of levies  
   65.     Offences relating to returns and levies  

           Division 2--Records

   66.     Employer to keep record for each employee  
   67.     Retention of records  

   PART 6--ACTUARIAL ADVICE

   68.     Actuarial investigation of funds  
   69.     Board's actuary  

   PART 7--INSPECTION AND ENFORCEMENT

           Division 1--Appointment of authorised officers

   70.     Appointment  
   71.     Identity card  
   72.     Return of identity card  

           Division 2--Functions and general powers

   73.     Functions and powers  
   74.     Powers to enter premises etc.  
   75.     Offence to contravene requirement  
   76.     Obstruction of authorised officer  

   PART 8--RECONSIDERATION AND REVIEW OF REVIEWABLE DECISIONS

   77.     Meaning of reviewable decision and affected person  
   78.     Reconsideration by industry board  
   79.     Review by NTCAT  

   PART 9--ARRANGEMENTS WITH OTHER JURISDICTIONS

   80.     Reciprocal arrangements with other Territories and States  
   81.     Regulations about arrangements with other jurisdictions  

   PART 10--MISCELLANEOUS

   82.     Benefits under other laws – election  
   83.     Benefits under other laws – reimbursement of employer to extent of entitlement under this Act  
   84.     Power to require information  
   85.     No contracting out  
   86.     Adverse action against employee  
   87.     Misleading information  
   88.     Commencement of criminal proceedings  
   89.     Evidentiary certificates  
   90.     Offence to disclose certain information  
   91.     Protection from civil liability  
   92.     Approved forms  
   93.     Regulations  
   94.      Review of Act  

   PART 11--TRANSITIONAL MATTERS FOR PORTABLE LONG SERVICE LEAVE (COMMUNITY SERVICES SECTOR) ACT 2024

   95.     Definition  
   96.     Extension of time for employers for registration application and first return  
   97.     Matters for current community services sector employees  
   98.     Transitional regulations  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3