Portable Long Service Leave Act 2024 (SA)

South Australia Portable Long Service Leave Act 2024 An Act to establish a scheme for the portability of long service leave in the community services sector, to provide for the ability to extend the scheme to employees in other sectors, to make consequential amendments to the Construction Industry Long Service Leave Act 1987 and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Determination of ordinary weekly pay in certain circumstances 5 Application of Act 6 Extension of Act to government employees 7 Delayed participation in scheme 8 Act applies according to particular sector Part 2—Industry boards Division 1—Corporate provisions and governance 9 Key features of industry boards 10 Constitution of industry boards 11 Terms and conditions of membership 12 Remuneration 13 Proceedings at meetings 14 Conflict of interest 15 Validity of acts and decisions Division 2—Functions 16 Functions Division 3—Staff and facilities 17 Chief executive officer 18 Staff 19 Facilities Division 4—Related matters 20 Delegation 21 Accounts and audit 22 Annual report 23 Common seal Part 3—Registration Division 1—Registration of employers 24 Industry board to register employers 25 Application for registration as registered employer 26 Information to be entered in register 27 Employer to give notice of change to information 28 Industry board may require information or documents from employer 29 Cancellation of registration Division 2—Registration of workers 30 Industry board to register workers 31 Information to be entered in register 32 Worker may give notice of change to information Division 3—Related provisions 33 Related provisions Part 4—Long service leave entitlements 34 Effective service entitlement 35 Crediting effective service under this Act and the Long Service Leave Act 1987 36 Crediting effective service between different designated sectors 37 Long service leave entitlement 38 Leave allowed before entitlement accrues 39 Cessation of employment 40 Entitlement if payment already made Part 5—Funds Division 1—Industry funds 41 Industry board to establish industry fund 42 Exemption from taxes and charges 43 Investment of industry fund 44 Loans for training purposes 45 Borrowing by industry board 46 Investigation of industry fund Division 2—Common funds 47 Treasurer may authorise investment common funds Part 6—Levies 48 Imposition of levy 49 Returns by employers 50 Recovery on default 51 Penalty for late payment 52 Recovery of levies 53 Refund of overpayments Part 7—Review 54 Review by SAET 55 Effect of pending review by SAET Part 8—Civil penalties 56 Civil penalties Part 9—Miscellaneous 57 Self‑employed contractors and working directors 58 Salary sacrifice arrangements 59 Reciprocal arrangements with other States and Territories 60 Exemptions for certain interstate employers 61 General exemptions 62 Power to require information 63 Authorised officers 64 Powers of inspection 65 Records 66 Recovery of amounts and crediting entitlements 67 False or misleading information 68 Confidentiality and provision of information 69 Service of documents 70 No contracting out 71 Adverse action against designated worker 72 Offences 73 Evidentiary provision 74 Regulations 75 Review of Act Schedule 1—Establishment of industry boards 1 Community Services Sector Long Service Leave Board Schedule 2—Community services 1 Preliminary 2 Services 3 Coverage Schedule 3—Related amendments and transitional provisions Part 1—Amendment of Construction Industry Long Service Leave Act 1987 1 Amendment of section 4—Interpretation 2 Insertion of heading 3 Substitution of section 13 Division 2—Staff and facilities 13 Chief executive officer 13A Staff 13B Facilities Part 2—Transitional provisions 4 Interpretation 5 Extension of term for registration as employer 6 Current workers 7 Employers 8 Regulations Legislative history