Northern Territory Numbered Acts

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PORTABLE LONG SERVICE LEAVE (COMMUNITY SERVICES SECTOR) ACT 2024 (NO 14 OF 2024) - SECT 55

Payments for long service leave if service elsewhere

    (1)     A person may apply to the relevant industry board for payment for long service leave calculated in a way stated in a corresponding law of a reciprocating jurisdiction if:

    (a)     the person:

        (i)     has, for a period, been employed in designated work in the reciprocating jurisdiction, or partly in the reciprocating jurisdiction and partly in the Northern Territory; and

        (ii)     because of the length of the period, is entitled under the corresponding law to a payment for long service leave; and

    (b)     the person would, if the person had been employed in the work in the Northern Territory for the entire period, have had a long service leave entitlement under this Act.

    (2)     If a person has died and, immediately before the person's death, the person was entitled to apply for payment for an entitlement under subsection (1), the person's personal representative may apply to the relevant industry board for the payment.

    (3)     An industry board must pay the applicant the amount of the entitlement calculated in the way stated in the corresponding law if the industry board is:

    (a)     satisfied the applicant is entitled under the corresponding law and this Act to the payment; and

    (b)     authorised by the corresponding authority to make the payment.

    (4)     If an industry board makes a payment under subsection (3), the board must take reasonable steps to ensure it is reimbursed by the corresponding authority for the payment to the extent provided in an agreement entered into under section 80 for the reciprocating jurisdiction in which the corresponding authority is established.

    (5)     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.

    (6)     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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