Australian Capital Territory Numbered Acts

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LONG SERVICE LEAVE (PORTABLE SCHEMES) AMENDMENT ACT 2013 (NO. 49 OF 2013) - SECT 52

Schedule 3, section 3.5

substitute

3.5     Service credit—community sector industry— s 64

    (1)     A registered worker for the community sector industry is to be credited in the workers register with 1 day of service for each day (including a day when the worker does not carry out community sector industry work) in each service period of the worker on or after the worker's registration day.

Example

A day when a worker attends a court in accordance with a summons to serve as a juror or a subpoena to give evidence or produce documents is a day in the service period for the worker when the worker does not carry out cleaning work.

Note 1     Prior service is also credited in the workers register in accordance with, for employees, s 47, and for contractors, s 48.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (2)     However, the registrar must not enter more than 365 days of service in the workers register for the worker for the financial year.

3.5A     Service period —community sector industry

    (1)     A service period for a person who is a registered worker for the community sector industry is a continuous period—

        (a)     beginning on the day when the person becomes a worker for the industry; and

        (b)     ending on the day when the person stops being a worker for the industry.

    (2)     For subsection (1), a person stops being an employee for an employer for the industry at the end of a quarter if—

        (a)     if the employee was an employee of only 1 employer for the industry in the quarter—the employer's return under section 49 for the following quarter shows no ordinary remuneration for the employee; or

        (b)     if the employee was an employee of 2 or more employers for the industry in the quarter—none of the employers' returns under section 49 for the following quarter shows ordinary remuneration for the employee.

    (3)     Despite subsection (1), a registered worker's service period is not taken to end if a person stops being a worker because—

        (a)     of incapacity for an injury for which the worker is entitled to compensation under the Workers Compensation Act 1951

; or

        (b)     if the worker is an employee—the employee has been dismissed by an employer to ensure that the employee does not take long service leave while in the employer's employment; or

        (c)     if the worker is a contractor—the contractor's engagement by the employer is ended to ensure that the contractor does not take long service leave while engaged by the employer.



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