Registered contractor's entitlement to long service benefit
20 Registered contractor's entitlement to long service benefit
(1) A registered contractor has an entitlement to be paid a long service benefit if any of the following occurs:
(a) the contractor has been credited with a total of 65 days of LSL credits for the first time;
(b) the contractor has been credited with a total of 32.5 days of additional LSL credits after the contractor was credited with the 65 days of LSL credits mentioned in paragraph (a);
(c) whenever the contractor has again been credited with a total of 32.5 days of additional LSL credits after the contractor was credited with the 32.5 days of LSL credits mentioned in paragraph (b).
(2) The entitlement is for the contractor to be paid a long service benefit for an amount of LSL credits not exceeding:
if subsection (1)(a) applies – 65 days; or
if subsection (1)(b) or (c) applies – 32.5 days.
(3) If the contractor has an entitlement under subsection (1), the contractor may apply to the Board for a long service benefit for an amount of LSL credits (the redeemed credits) not exceeding:
(a) the amount mentioned in subsection (2)(a) or (b) (as the case may be) if the contractor does not have any unused entitlement; or
(b) if the contractor has any unused entitlement – the sum of the amount mentioned in subsection (2)(a) or (b) (as the case may be) and the unused entitlement.
The application must be made in an approved form.
(5) If the Board is satisfied that the applicant is entitled to make the application:
(a) the Board must accept the application and pay a long service benefit for the redeemed credits to the applicant; and
(b) the amount of the benefit is worked out by multiplying the amount of the redeemed credits by the contractor pay rate that was applicable to the applicant at the time of the application.
For subsection (5):
(a) the amount of the redeemed credits must be expressed as a number (including a decimal number) of days; and
(b) the contractor pay rate must be worked out in accordance with the Determinations.
(7) The Registrar must reduce the applicant's LSL credits by the amount of the redeemed credits if the Board decides to accept the application.
(8) The Board must refuse the application if the Board is not satisfied that the applicant is entitled to make the application.
(9) Whether the Board decides to accept or refuse the application, the Board must, as soon as practicable after making the decision, give the applicant a notice stating:
the decision; and
the reasons for the decision; and
(c) that the applicant is entitled to apply for a reconsideration or review in relation to the decision under Part 5, Division 4.
For this section:
(a) a reference to an unused entitlement is a reference to so much of any previous entitlement of the contractor under subsection (1) as has not been applied for payments of long service benefits to the contractor; and
(b) a reference to an amount mentioned in subsection (2)(a) or (b) for a contractor who is also a registered employee is a reference to so much of that amount as is reduced by any entitlement of the contractor under section 18(1) that:
(i) is based on the same LSL credits or additional LSL credits mentioned in subsection (1)(a), (b) or (c) that relate to that amount; and
(ii) has been applied for payments of long service benefits to the contractor as a registered employee.
This Act’s bill:Second reading speech
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