Long Service Corporation Act 2010

This Act is the Long Service Corporation Act 2010.

This Act commences on 1 January 2011.

In this Act—

Corporation means the Long Service Corporation constituted by section 4.

exercise a function includes perform a duty.

function includes a power, authority or duty.

Fund means—

the Building and Construction Industry Long Service Payments Fund referred to in section 12, and

the Contract Cleaning Industry Long Service Leave Fund referred to in section 13, and

the Community Services Sector Long Service Leave Fund referred to in section 13A.

Secretary means the Secretary of the Department of Customer Service.

Notes included in this Act do not form part of this Act.

There is constituted by this Act a corporation with the corporate name of the Long Service Corporation.

The Corporation is, for the purposes of any Act, a NSW Government agency.

The Corporation is subject to the control and direction of the Minister in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister).

The Secretary is responsible for the day-to-day management of the affairs of the Corporation.

Any act, matter or thing done in the name of, or on behalf of, the Corporation by the Secretary is taken to have been done by the Corporation.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Corporation to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Corporation makes use of) may be referred to as officers or employees, or members of staff, of the Corporation. Section 47A of the Constitution Act 1902 precludes the Corporation from employing staff.

The Corporation may delegate the exercise of any of its functions (other than this power of delegation) to the following—

a member of the staff of the Corporation,

a person for the time being acting in a specified position in the staff establishment of the Corporation,

any person of whose services the Corporation makes use under this or any other Act.

The Corporation has the functions conferred or imposed on it by or under—

this Act, and

the Building and Construction Industry Long Service Payments Act 1986, and

the Community Services Sector (Portable Long Service Leave) Act 2024, and

the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010, and

any other Act.

(Repealed)

Without limiting subsection (1), the Corporation is to provide advice, and may make recommendations, to the Minister with respect to the payment of long service leave under any Act referred to in that subsection and otherwise in connection with the operation of those Acts.

The Corporation may, with the approval of the Minister, acquire by purchase or lease premises to be used for, or to be used partly for, the exercise of its functions.

The Corporation may make and enter into contracts or agreements with any person for the performance of services, or for the supply of goods, plant, machinery or material, in connection with the exercise by the Corporation of its functions.

The Corporation may cause to be published, in such manner as it thinks fit, any information relating to its functions or activities under this or any other Act.

The Treasurer may, on the application of the Corporation and on such terms and conditions as the Treasurer thinks fit, lend money to the Corporation.

The Corporation may, for the purpose of obtaining temporary financial accommodation, borrow by way of overdraft from any bank, building society or credit union but the total amount owing on all borrowings made under this subsection must not at any time exceed $500,000.