New South Wales Consolidated Acts

CONTRACT CLEANING INDUSTRY (PORTABLE LONG SERVICE LEAVE SCHEME) ACT 2010

- As at 5 December 2023 
- Act 122 of 2010 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Meaning of "cleaning work"
   5.      Meaning of "employee"
   6.      Meaning of "employer"
   7.      Meaning of "worker"
   8.      Declaration by Minister--coverage of Act
   9.      Constitution of Long Service Leave Committee

   PART 2 - REGISTRATION

           Division 1 - The registers

   10.     Corporation must keep registers
   11.     Employers register
   12.     Employer's registration day
   13.     Workers register
   14.     Worker's registration day
   15.     Inspection of registers

           Division 2 - Registration of employers

   16.     Registration
   17.     Application for registration by employers
   18.     Dealing with applications for registration as an employer
   19.     Certificate of registration for employers
   20.     Registered employer to notify change of details

           Division 3 - Registration of workers

   21.     Registration
   22.     Application for registration by workers
   23.     Application by employers for registration of employee
   24.     Dealing with applications for registration as registered worker
   25.     Corporation may register worker without application
   26.     Annual statements for workers
   27.     Registered worker to notify inaccuracies

           Division 4 - Cancellation and suspension of registration

   28.     Cancellation of worker's registration
   29.     Suspension of worker's registration
   30.     Reinstatement of cancelled registration
   31.     Cancellation of employer's registration

           Division 5 - Notices

   32.     Notice of registration decisions

   PART 3 - SERVICE CREDITS

   33.     Meaning of "engagement period"
   34.     Service credit
   35.     Limitations on crediting service
   36.     Foundation worker service credit
   37.     Service credit for breaks in engagement periods
   38.     Service credit--insolvent employer

   PART 4 - RETURNS AND RECORDS

           Division 1 - Returns

   39.     Returns by employers
   40.     Exemption from lodging return
   41.     Returns by contractors who are registered workers

           Division 2 - Review of ordinary remuneration

   42.     Review of ordinary remuneration by Corporation
   43.     Notice of Corporation's decision on review of remuneration
   44.     Effect of variation of ordinary remuneration
   45.     Variation of ordinary remuneration

           Division 3 - Records

   46.     Employers to keep records
   47.     Registered contractors to keep records
   47A.    Power to require production of employee records
   47B.    Power to take possession of records to be used as evidence

   PART 5 - LONG SERVICE LEAVE LEVY

   48.     Determination of levy--employers
   49.     Determination of levy--contractors
   50.     Levy payments by employers
   51.     Levy payments by registered contractors
   52.     Interest on, and extension of time for payment, of levy
   53.     Assessment of unpaid levy
   54.     Authorised agents for collection of levies

   PART 6 - LONG SERVICE LEAVE

   55.     Long service leave
   56.     Years of recognised service
   57.     Long service leave formula--contract cleaning industry
   58.     Amount of leave--contract cleaning industry
   59.     Grant of leave by employers--contract cleaning industry
   60.     Payments for leave
   61.     Long service leave not payable if payment previously made
   62.     Prohibition on payments in lieu of leave
   63.     Entitlement to pro rata payment instead of leave in limited circumstances
   64.     Pro rata payments instead of leave
   65.     How are leave entitlements to be worked out?
   66.     Leave payments to employee for service as a registered worker
   67.     Leave payments to a contractor for service as a registered worker
   68.     Deemed minimum and maximum rates of pay
   69.     Public holidays not to count as leave
   70.     Corporation may pay if employer insolvent
   71.     Payment may be deferred
   72.     Corporation's liability confined to long service leave

   PART 7 - APPEALS TO COMMITTEE

           Division 1 - General

   73.     Appeals--general provisions
   74.     Hearing and determination of appeals by 2 or more members
   75.     Notice of appeal decisions
   76.     Personal representative of deceased person may appeal on person's behalf

           Division 2 - Rights of appeal

   77.     Appeals against refusal to register as employer
   78.     Appeals against refusal to register as registered worker
   79.     Appeal against cancellation of employer's registration
   80.     Appeal against cancellation of worker's registration
   81.     Appeals against refusal to grant exemption or revocation of exemption
   82.     Appeal in relation to payment of interest on long service levies etc
   83.     Appeals against levy assessments
   84.     Appeal against limitation of long service payment by operation of deemed minimum and maximum rates of pay

   PART 8 - ENFORCEMENT

           Division 1 - Authorisation and identification of inspectors

   85.     Definition
   86.     Authorisation of inspectors
   87.     Identification of inspectors

           Division 2 - Powers of entry and inspection

   88.     Power to enter premises
   89.     Entry into residential premises only with permission or warrant
   90.     Search warrants
   91.     Powers to inspect and seize things
   92.     Dealing with seized things
   93.     Assistance to be given to inspectors
   94.     Provisions relating to requirements to furnish records, information or answer questions
   95.     Offences under this Part

           Division 3 - Other enforcement matters

   96.     Service of documents
   97.     Authentication of certain documents by Corporation
   98.     Corporation may require applicant under section 17 to provide further information or evidence
   99.     Corporation may require applicant under section 22 or 23 to provide further information or evidence
   100.    Notice requiring information or documents
   101.    False statements
   102.    Disclosure of information

           Division 4 - Proceedings for offences and debt recovery

   103.    Nature of proceedings for offences
   103A.   Penalty notices
   104.    Offences by corporations
   105.    Recovery of charges etc by Corporation
   106.    Orders to make levy payments
   107.    Certificate as to payment of levies

   PART 9 - RELATIONSHIP TO OTHER LAWS

   108.    Definition
   109.    Benefits under other laws--election
   110.    Benefits under other laws--reimbursement of employer
   111.    Reimbursement for certain payments under Long Service Leave Act 1955

   PART 10 - RECIPROCAL ARRANGEMENTS

   112.    Reciprocal agreements for corresponding laws
   113.    Payment by Corporation on reciprocal authority's behalf
   114.    Payments by reciprocal authority on Corporation's behalf
   114A.   Exchange of information

   PART 11 - MISCELLANEOUS

   115.    Personal liability
   116.    Regulations
   117.    Review of Act
   118.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)