Construction Industry Long Service Leave and Benefits Act 2005

(a) the person is deregistered under section 13(1)(a), (b) or (c) and had at least 32.5 days of LSL credits immediately before the deregistration; or

(b) the person is deregistered under section 13(1)(d) and had at least one day of LSL credits immediately before the deregistration.

(2) The deregistered person, or that person's personal representative if subsection (1)(b) applies, may apply for a long service benefit for the LSL credits.

(4) 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 LSL credits to the applicant; and

(b) the amount of the benefit is worked out by multiplying the amount of the LSL credits by the relevant pay rate for the deregistered person.

(a) the amount of the LSL credits must be expressed as a number (including a decimal number) of days; and

(i) if the person was last credited with qualifying service when the person was an employee – the employee pay rate that would have been applicable to the person when that credit was made; or

(ii) if the person was last credited with qualifying service when the person was a contractor – the contractor pay rate that would have been applicable to the person when that credit was made.

(6) The Board must refuse the application if the Board is not satisfied that the applicant is entitled to make the application.

(7) 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:

(c) that the applicant is entitled to apply for a reconsideration or review in relation to the decision under Part 5, Division 4.

(8) Except in exceptional circumstances allowed by the Board, the Registrar must not register the deregistered person again as an employee or as a contractor if the Board decides to accept the application.