Victorian Numbered Acts Victorian Numbered Acts(1) An employer must keep a long service leave record in the form approved by the Secretary.
Penalty: 12 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
Notes
1 Section 51 provides that the Secretary may approve a form for long service leave records.
2 Section 43 applies to an offence against this subsection.
(2) An employer must keep a long service leave record relating to an employee during the employee's period of continuous employment by the employer.
Penalty: 12 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
Notes
1 Section 43 applies to an offence against this subsection.
2 Section 11 sets out several situations in which an employee is taken, for the purposes of this Act, to have been employed by one employer despite having been employed during the relevant period by more than one employer in a strict legal sense.
(3) An employer must keep a long service leave record relating to an employee for at least 7 years after the employee stops working for the employer.
Penalty: 12 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
Note
Section 43 applies to an offence against this subsection.
(4) An employer must keep a long service leave record so that it is able to be readily produced to an authorised officer if the authorised officer requires its production.
Penalty: 12 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
(5) A person must not make, without reasonable excuse, any false or misleading statement in, or any material omission from, a long service leave record.
Penalty: 12 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
Note
Section 43 applies to an offence against this subsection.
(6) An employer must not refuse a request by an employee (or an employee's personal representative) to provide the employee (or the personal representative) with a copy of a long service leave record relating to the employee.
Penalty: 12 penalty units in the case of a natural person;
60 penalty units in the case of a body corporate.
(7) Despite anything to the contrary in this or any other Act, a proceeding for an offence against this section may be commenced by filing a charge sheet at any time within 6 years after the date on which the offence is alleged to have been committed.
(8) In this section—
"employee" includes a former employee;
"employer" includes a former employer.