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This is a Bill, not an Act. For current law, see the Acts databases.
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Industrial Relations and Workplace Safety)
Contents
Page
Part 1.1Labour Hire Licensing Act 202018
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Industrial Relations and Workplace Safety)
Long Service Leave (Portable Schemes) Amendment Bill 2022
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Long Service Leave (Portable Schemes) Amendment Act 2022
.
(1) The following provisions commence on the day after this Act’s notification day:
(a) section 3;
(b) section 23;
(c) schedule 1, part 1.2 (Workers Compensation Act 1951).
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) The following provisions commence on the 30th day after this Act’s notification day:
(a) sections 4 to 8;
(b) section 18;
(c) sections 20 and 21;
(d) section 25;
(e) schedule 1, part 1.1 (Labour Hire Licensing Act 2020).
(3) The remaining provisions commence 2 years after this Act’s notification day.
This Act amends the
.
Note This Act also amends other legislation (see sch 1).
4 Who is an
employer?
Section 7 (1)
substitute
(1) A person is an employer, for a covered industry, if the person—
(a) engages, in any way and to any extent, in the industry in the ACT; and
(b) either—
(i) employs someone else (whether in the ACT or elsewhere) to carry out work of the kind usually done in the industry; or
(ii) is declared to be an employer for the industry under section 12 (Declarations by Minister—additional coverage of Act).
Note An employer for a covered industry must apply for registration under s 31.
5 What is
work?
Section 11, definition of work, paragraph (a) (ii)
and note 2
omit
cleaning work
substitute
services work
substitute
Division 8A.1 The authority and governing board
7 Deputy registrar
Section
79H (1) and notes
substitute
(1) The registrar must appoint either of the following as deputy registrar for the authority:
(a) a member of staff of the authority;
(b) a public servant.
Note 1 The registrar is the chief executive officer of the authority (see dict, def registrar and Financial Management Act 1996
, dict, def chief executive officer).
Note 2 For laws about appointments, see the Legislation Act
, pt 19.3.
substitute
Division 8A.1A Staff of the authority
79J Meaning of staff of the authority—pt 8A
In this part:
staff of the authority means—
(a) the registrar; and
(b) staff employed under section 79JA; and
(c) consultants engaged under section 79JB.
79JA Employment of staff
(1) The registrar may employ staff on behalf of the Territory.
(2) The staff must be employed under the Public Sector Management Act 1994
.
Note The
, div 8.2 applies to the registrar as the chief executive officer of the authority in relation to the employment of staff (see Public Sector Management Act 1994
, s 152).
79JAA Transitional—public servant staff
(1) This section applies if, immediately before the commencement day, the authority had an arrangement with the head of service to use the services of a public servant under section 79J (Arrangements for staff) as in force immediately before the commencement day.
(2) The public servant is taken, on the commencement day, to be a member of staff of the authority employed under section 79JA.
(3) This section expires 2 years after the commencement day.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
(4) In this section:
commencement day means the day the Long Service Leave (Portable Schemes) Amendment Act 2022, section 8 commences.
79JB Consultants
(1) The authority may engage consultants on behalf of the Territory.
(2) Consultants may be engaged on terms and conditions decided by the authority.
(3) However, the authority must not enter into a contract of employment under this section.
79JC Delegation by registrar
The registrar may delegate the registrar’s functions under this Act or another territory law to—
(a) a member of staff of the authority; or
(b) a public servant.
Note For laws about delegations, see the Legislation Act
, pt 19.4.
79JD Other arrangements for staff and facilities
The authority may arrange with the head of service to use—
(a) the services of a public servant; or
(b) territory facilities.
Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994
, s 18).
9 Transitional—entitlement to
payment instead of leave
New section 97A (3)
insert
(3) In this section:
contract cleaning industry—see the pre-amendment Act, schedule 2, section 2.1.
pre-amendment Act means this Act as in force immediately before the commencement of this section.
insert
97B Transitional—entitlement to payment instead of leave for person who became registered worker on or after 1 July 2012
(1) This section applies to a person who became a registered worker in the contract cleaning industry on or after 1 July 2012 but before the commencement of this section.
(2) Schedule 2, section 2.8, as in force immediately before the commencement of this section, continues to apply in relation to the person.
(3) In this section:
contract cleaning industry—see the pre-amendment Act, schedule 2, section 2.1.
pre-amendment Act means this Act as in force immediately before the commencement of this section.
insert
Part 12 Transitional—contract cleaning industry
110 Definitions—pt 12
In this part:
commencement day means the day the Long Service Leave (Portable Schemes) Amendment Act 2022, section 13 commences.
contract cleaning industry—see the pre-amendment Act, schedule 2, section 2.1.
pre-amendment Act means this Act as in force immediately before the commencement day.
111 Registered employers and workers
(1) A person who is a registered employer in the contract cleaning industry under the pre-amendment Act is, on the commencement day, taken to be a registered employer in the services industry.
(2) A person who is a registered worker in the contract cleaning industry under the pre-amendment Act is, on the commencement day, taken to be a registered worker in the services industry.
112 Applications for registration
(1) An application for registration as an employer for the contract cleaning industry made under the pre-amendment Act, section 31 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration as an employer for the services industry.
(2) An application for registration as a worker for the contract cleaning industry made under the pre-amendment Act, section 40 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration as a worker for the services industry.
(3) An application for registration of an employee as a worker for the contract cleaning industry made under the pre-amendment Act, section 41 but not decided immediately before the commencement day is, on the commencement day, taken to be an application for registration of the employee as a worker for the services industry.
113 Service credit
(1) An employee in the contract cleaning industry who is entitled, under the pre-amendment Act, section 47 to credit for service for work done in that industry is, on or after the commencement day, entitled under section 47 to equivalent credit for service in the service industry for that work.
(2) Credit for service, received under the pre-amendment Act, section 47, for work done in the contract cleaning industry is, on or after the commencement day, taken to be credit for service received under section 47 for work done in the service industry.
114 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Long Service Leave (Portable Schemes) Amendment Act 2022.
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
Note A transitional provision under s (1) continues to have effect
after its repeal, however, a modification under s (2) has no ongoing effect
after its repeal (see
, s 88).
115 Expiry—pt 12
This part expires 5 years after the commencement day.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
12 What is the building and
construction industry?
Schedule 1, section 1.1 (1) (b), except
note
substitute
(b) in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
13 Schedule 2, sections 2.1 and 2.2
substitute
2.1 What is the services industry?
(1) The services industry is—
(a) in relation to the ACT—any of the following industries:
(i) the industry in which employers provide cleaning work to other people through the provision of workers’ services (the cleaning services industry);
(ii) the industry that provides hairdressing or beauty services within the meaning of the ANZSIC, Division S, Class 9511, Hairdressing and Beauty Services (the hairdressing and beauty services industry);
(iii) the industry that provides accommodation, food, beverage and hospitality services within the meaning of the ANZSIC, Division H, Accommodation and Food Services (the accommodation and food services industry); and
(b) in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(2) In this section:
ANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 as in force from time to time.
Note The ANZSIC is available free of charge at www.abs.gov.au
.
2.2 What is services work?
(1) In this Act:
services work means—
(a) in relation to the cleaning services industry—
(i) work that has, as its only or main component, bringing premises into, or maintaining premises in, a clean condition; or
(ii) the collection or sorting of waste at, or for, an identified waste management facility if the employer providing the work through the provision of services does so under a contract with the Territory; and
(b) in relation to the hairdressing and beauty services industry—providing hairdressing services or providing beauty services (including nail care services, facials or applying make-up); and
(c) in relation to the accommodation and food services industry—providing short-term accommodation for visitors, or meals, snacks, and beverages for consumption by customers (whether at the provider’s principal place of business or elsewhere).
Note 1 The Minister may declare work or an activity to be services work (see s 12 (2) (d)) or to not be services work (see s 13 (2) (d)).
Note 2 For s (1) (b), medical skin care services such as cosmetic surgery and dermatology services and medical or surgical hair replacement or transplant services are excluded from the ANZSIC, Division S, Class 9511.
Note 3 For s (1) (c), gambling institutions (casinos), amusement and recreation parks, long-term (residential) caravan parks, theatre restaurants, sporting clubs and other recreation or entertainment facilities providing food, beverage and accommodation services are excluded from the ANZSIC, Division H.
(2) However, in relation to the accommodation and food services industry, services work does not include providing professional, scientific and technical services within the meaning of the ANZSIC, Division M, Professional, Scientific and Technical Services.
(3) The Minister may determine that a facility is an identified waste management facility for subsection (1), definition of services work, paragraph (a) (ii).
(4) A determination is a notifiable instrument.
(5) In this section:
accommodation and food services industry—see section 2.1 (1) (a) (iii).
ANZSIC—see section 2.1 (2).
cleaning services industry—see section 2.1 (1) (a) (i).
hairdressing and beauty services industry—see section 2.1 (1) (a) (ii).
14 Service credit—contract
cleaning industry—s 64
Schedule 2, section 2.4 (1)
omit
cleaning work
substitute
services work
15 Leave payments for service as
registered employee—contract cleaning industry
Schedule 2,
section 2.12 (2), definition of R, paragraph (b), example
omit
cleaning industry
substitute
services industry
16 Leave payments for service as
registered voluntary member—contract cleaning industry
Schedule
2, section 2.13 (3) (a)
omit
contract cleaning scheme industry funds
substitute
services industry scheme funds
17 What is the community sector
industry?
Schedule 3, section 3.1 (1) (b) and note
substitute
(b) in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
Note 1 State includes the Northern Territory (see Legislation Act
, dict, pt 1).
Note 2 The definition of community sector industry was broadened to include residential aged care services and community aged care services with effect from 1 July 2016.
18 Entitlement to payment instead of
leave—community sector industry
Schedule 3, section 3.9
(1)
substitute
(1) This section applies to a registered worker for the community sector industry if the worker has 5 years recognised service and—
(a) all of the following apply:
(i) the worker has permanently left the industry;
(ii) 20 weeks have passed since the day the worker permanently left the industry;
(iii) the worker has not been credited with service in the workers register for any of the days in the 20-week period; or
(b) any of the following apply:
(i) the worker has left the industry because of total incapacity;
(ii) the worker has reached the prescribed retiring age;
(iii) the worker has died.
19 What is the security
industry?
Schedule 4, section 4.1 (1) (b), except note
substitute
(b) in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.
20 Schedule 4, section 4.1 (2), definition of security activity, new note
insert
Note Stated people, including a custodial officer and a police officer, are exempt from the application of the Security Industry Act 2003
(see that
, s 9 and
, s 6 (1)). Those stated people are not undertaking a security activity for the purposes of this Act.
21 Entitlement to payment instead of
leave—security industry
Schedule 4, section 4.9 (1)
substitute
(1) This section applies to a registered worker for the security industry if the worker has 5 years recognised service and—
(a) all of the following apply:
(i) the worker has permanently left the industry;
(ii) 20 weeks have passed since the day the worker permanently left the industry;
(iii) the worker has not been credited with service in the workers register for any of the days in the 20-week period; or
(b) any of the following apply:
(i) the worker has left the industry because of total incapacity;
(ii) the worker has reached the prescribed retiring age;
(iii) the worker has died.
22 Dictionary, definitions of cleaning work and contract cleaning industry
omit
23 Dictionary, new definitions
insert
registered employee means an employee who is a registered worker.
registered voluntary member means a voluntary member who is a registered worker.
24 Dictionary, new definitions
insert
services industry—see schedule 2, section 2.1.
services work—see schedule 2, section 2.2.
25 Dictionary, new definition of staff of the authority
insert
staff of the authority, for part 8A (Administration)—see section 79J.
26 Further amendments, mentions of contract cleaning industry
omit
contract cleaning industry
substitute
services industry
in
• section 6
• section 47 (3), example
• section 65 (3) (b)
• schedule 2 heading
• schedule 2, sections 2.3 to 2.18
• dictionary, definition of covered industry schedule, paragraph (b)
• dictionary, definition of long service leave formula, paragraph (b)
• dictionary, definition of recognised service, paragraph (b)
• dictionary, definition of service period, paragraph (b)
(see s 3)
Part 1.1 Labour Hire Licensing Act 2020
omit
director-general
substitute
commissioner
substitute
49 Authorised person must show identity card on exercising power
Part 1.2 Workers Compensation Act 1951
[1.3] Schedule 3, sections 3.4 (1) (b), 3.6, 3.7 and 3.16 (a)
omit
regulator
substitute
director-general
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 22 November 2022.
2 Notification
Notified under the
on 2022.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2022
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