Northern Territory Numbered Acts

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PORTABLE LONG SERVICE LEAVE (COMMUNITY SERVICES SECTOR) ACT 2024 (NO 14 OF 2024) - SECT 54

Payments for long service leave if employment ends

    (1)     This section applies if an industry board is satisfied that:

    (a)     a person has attained a long service leave entitlement under section 51 (1) in respect of at least 10 completed years of service in a designated sector without a break of continuity, even if that entitlement has been reduced because of long service leave being taken by the person or a payment made in lieu of long service leave; and

    (b)     the person has:

        (i)     died; or

        (ii)     ceased to work as an employee in the designated sector because of a physical or mental disability that will prevent the person from working in the sector for a continuous period of 12 months or more; or

        (iii)     ceased to work in the designated sector and will not be working in the sector for a continuous period of 12 months or more (from the time that the person ceased to work as an employee in the sector).

    (2)     This section also applies if an industry board is satisfied that a person has attained a long service leave entitlement under section 51(4) in respect of less than 10, but at least 7, completed years of service in a designated sector without a break of continuity.

    (3)     The industry board must, on application under this section by a person, or, if a person has died, the person's personal representative, pay the person, or the person's personal representative, an amount calculated using the following formula:

A = LSLE x DWPB x EEP

where:

A is the amount payable.

LSLE is the outstanding long service leave entitlement at the time the industry board processes the application (expressed in weeks to one decimal place rounded, if necessary, in accordance with the regulations).

DWPB is the defined weekly payment benchmark at the relevant date.

EEP is the person's employment percentage at the end of the last completed year of service before the person died or ceased to work as an employee in the designated sector.

    (4)     An application for a payment under this section must:

    (a)     be made to the relevant industry board in the approved form; and

    (b)     include, or be accompanied by, any information required by the approved form.

    (5)     The relevant industry board must give the applicant written notice in accordance with the regulations of its decision refusing payment or making payment of a particular amount under this section.



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