Northern Territory Numbered Acts

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PORTABLE LONG SERVICE LEAVE (COMMUNITY SERVICES SECTOR) ACT 2024 (NO 14 OF 2024) - SECT 83

Benefits under other laws – reimbursement of employer to extent of entitlement under this Act

    (1)     This section applies if:

    (a)     a designated employee makes an election in accordance with section 82 nominating the law under which the employee elects to take the employee's long service leave entitlement or benefit (the nominated law ); and

    (b)     an employer pays the employee an amount (the LSL amount ) in accordance with the nominated law.

    (2)     The employer may apply to the relevant industry board for reimbursement of the LSL amount.

    (3)     The application must:

    (a)     be made in the approved form; and

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

    (4)     If the industry board is satisfied that the LSL amount paid by the employer was properly paid under the nominated law, the board must pay the employer as soon as practicable the LSL amount less:

    (a)     any amount in excess of the amount that would have been payable to the employee if, instead of making an election under section 82, the employee had applied for a payment under section 53; and

    (b)     any amount outstanding that is payable by the employer to the board.

    (5)     The industry board must give the employer 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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