Local Government Act 2019

(1) A person (the applicant), who leaves the employment of one employer to which this section applies (the former employer) and enters the employment of another employer to which this section also applies (the later employer) within 3 months, may elect, in accordance with this section, to transfer accrued and accruing rights to long service leave to the later employment.

(2) An employer must, as soon as practicable after an employee enters into employment, require the employee to provide to the employer, not later than 28 days after the requirement, a written declaration stating:

(a) whether the employee was employed by another employer within the 3 months immediately preceding the entering into employment; and

(b) if the employee was employed by another employer within those 3 months – whether the employee elects to transfer accrued and accruing rights to long service leave to the later employment.

(3) The requirement under subsection (2) is to be given to the employee not later than 5 days after the employee enters into employment, but failure to do so within those 5 days does not affect the validity of the requirement.

(4) An employee who does not provide a declaration under subsection (2) is considered to have decided not to elect to transfer any accrued and accruing rights to long service leave to the later employment.

(5) If the declaration under subsection (2) states that the employee elects to transfer accrued and accruing rights to long service leave to the later employment:

(a) the later employer must, not later than 3 months after the employee enters into employment, notify the former employer, in writing, that the employee has made an election under this section; and

(b) the former employer must, not later than 30 days after receiving a notification under paragraph (a):

(i) notify the later employer, in writing, of the applicant's accrued and accruing rights to long service leave as appear from the former employer's records; and

(ii) pay to the later employer the amount of the provision for long service leave in the former employer's accounts.

(6) An amount mentioned in subsection (5)(b)(ii) that remains unpaid after the 30 days may be recovered as a debt due to the later employer from the former employer by action in a court of competent jurisdiction.

(b) a local government subsidiary formed with the Minister's approval under this Act;