Long Service Leave (Portable Schemes) Act 2009

The registrar must remove a person from the workers register if the person has not been credited under this Act or a corresponding law with at least 1 day of service for 4 consecutive years.

If the person is removed under subsection (1)—

the person stops being a registered worker on the day the person is removed; and

the person is not entitled to apply for, or to be paid an amount for or instead of, long service leave for any days of service entered in the register before the day the person stopped being a registered worker.

However, subsection (2) (b) does not apply if the person would, but for the person ceasing to be registered, have been entitled to payment for the period under—

schedule 1, section 1.8 (Entitlement to payment instead of leave—building and construction industry); or

schedule 2, section 2.8 (Entitlement to payment instead of leave—services industry); or

schedule 3, section 3.9 (Entitlement to payment instead of leave—community sector industry); or

schedule 4, section 4.9 (Entitlement to payment instead of leave—security industry).

The registrar must not remove a person from the workers register if the person stops carrying out work to which this Act applies and tells the authority that the person is otherwise employed or engaged in other work until whichever of the following first occurs:

the person applies to the authority for payment of the total amount for or instead of long service leave;

the person’s employer makes an application under section 89 (Benefits under other laws—reimbursement of employer) for payment of the total amount to which the employer is entitled;

if the person is a voluntary member—the person asks the authority to remove the person from the register;

the period of 10 years, starting on the day when the person stops carrying out work to which this Act applies, ends.

A request under subsection (4) (c) must state—

the date when the person became otherwise employed or engaged in work to which this Act applies; and

the name and address of the principal place of business of the person’s employer (if any).