Queensland Numbered Acts

COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020 - SECT 80

80 Entitlement if credit for service accrued elsewhere

(1) A registered worker may apply to the authority for payment for long service leave calculated in a way stated in a corresponding law of a reciprocating State if—

(a) the worker—

(i) has, for a period, been engaged in performing community services work in the reciprocating State, or partly in the reciprocating State and partly in Queensland; 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 engaged in the work in Queensland for the entire period, have had a long service leave entitlement under this Act.

(2) If a registered worker has died and, immediately before the worker’s death, the worker was entitled to apply for payment for an entitlement under subsection (1) , the worker’s personal representative may apply to the authority for the payment.

(3) The authority must pay the applicant the amount of the entitlement calculated in the way stated in the corresponding law if the authority 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) The application for the payment may be included in an application under section 72 .

(5) If the authority makes a payment under subsection (3) the authority must take all reasonable steps to ensure it is reimbursed by the corresponding authority for the payment.

(6) An application made under subsection (1) or (2) must be in the approved form.

(7) If the authority decides to refuse payment for the application, the authority must give the applicant an information notice for the decision.