Australian Capital Territory Current Acts Australian Capital Territory Current ActsDictionary
(see s 2)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1 defines the following terms:
• ACAT
• director-general (see s 163)
• function
• month
• notifiable instrument (see s 10)
• public employee
• public holiday
• public servant
• reviewable decision notice.
"agreement" means an enterprise agreement made under the Fair Work Act 2009
(Cwlth).
"approved training contract—"see the Training and Tertiary Education Act 2003
, dictionary.
"associated company" means a company that is a subsidiary, holding company or related body corporate under the Corporations Act
"authorised officer" means a person who is an authorised officer under section 13A.
"award" means a modern award or workplace determination made under the Fair Work Act 2009
(Cwlth).
"casual employee" means a person who is, from time to time offered regular and systematic employment on the basis that the offer of employment might be accepted or rejected and in circumstances where it could be expected by that person that further employment of the same type would or might be offered and accepted, but in respect of which there is no certainty about the period over which it would continue to be offered.
"continuous service", in relation to an employee, includes—
(a) a period of annual leave or long service leave; and
(b) a period of leave, not exceeding 2 weeks in any 1 year, taken because of illness or injury; and
(c) a period during which the service of the employee is interrupted or ended by his or her employer with the intention of avoiding the granting of long service leave; and
(d) for an employee who begins service with an employer within 1 year after the day the employee's apprenticeship, or an approved training contract, with the employer ends—the period of the apprenticeship or approved training contract.
"employee"—
(a) includes—
(i) a person who is remunerated at piecework rates; and
(ii) a part-time employee; and
(iii) a casual employee; but
(b) does not include—
(i) a public employee; or
(ii) a person employed by a member of the Legislative Assembly under the Legislative Assembly (Members' Staff) Act 1989
"ordinary remuneration", in relation to an employee, means the sum of—
(a) the salary or wages payable to the employee; and
(b) any allowances payable to the employee in respect of skill, qualifications, board and lodging; and
(c) any amounts payable to the employee under a bonus, performance pay or incentive scheme, being amounts that are usually paid to the employee with his or her salary or wages; and
(d) where the employee is provided with board and lodging by his or her employer, an amount equal to the value of that board and lodging.
"period of service"—see section 2G (Periods of service).
"salary or wages" does not include—
(a) payments in respect of overtime; or
(b) payments at penalty rates of pay; or
(c) allowances which, under an award or agreement, are not to be taken into account in determining a rate of remuneration in respect of overtime.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
This Act was originally a Commonwealth ordinance—the Long Service Leave Ordinance 1976
A1976-27 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988
(Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989
A1989-21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910
(Cwlth), s 12).
Legislation before becoming Territory enactment
Long Service Leave Act 1976 A1976-27
notified 16 June 1976
commenced 16 June 1976
as amended by
Long Service Leave (Amendment) Ordinance 1978
Ord1978-20
notified 8 August 1978
commenced 8 August 1978
Long Service Leave (Amendment) Ordinance 1981
Ord1981-24
notified 10 September 1981
commenced 10 September 1981
Ordinances Revision (Companies Amendments) Ordinance 1982
Ord1982-38 sch 4
notified 30 June 1982
commenced 1 July 1982 (s 2)
Long Service Leave (Amendment) Ordinance 1987
Ord1987-73
notified 22 December 1987
commenced 1 January 1988 (s 2)
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Statute Law Revision (Miscellaneous Provisions) Act 1993
A1993-1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
sch 1 commenced 1 March 1993
Statute Law Revision (Penalties) Act 1994
A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and see Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994
A1994-97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
A1995-46 sch
notified 18 December 1995 (Gaz 1995 No S306)
sch commenced 18 December 1995 (s 2)
Long Service Leave (Amendment) Act 1997
A1997-68
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
remainder commenced 17 December 1997 (s 2 (2) and Gaz 1997 No S416)
Long Service Leave (Cleaning, Building and Property Services) Act 1999
A1999-85 s 69
notified 23 December 1999 (Gaz 1999 No S65)
pt 1, pt 2 commenced 23 December 1999 (s 2 (1))
s 69 commenced 23 June 2000 (s 2 (3))
Legislation (Consequential Amendments) Act 2001
A2001-44 pt 229
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 229 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2)
2001 A2001-56 sch 3 pt 3.35
notified 5 September 2001 (Gaz 2001 No S65)
sch 3 pt 3.35 commenced 5 September 2001 (s 2 (1))
Vocational Education and Training Act 2003
A2003-37 sch 2 pt 2.5
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
sch 2 pt 2.5 commenced 1 November 2003 (s 2)
Long Service Leave Legislation Amendment Act 2003
A2003-45 pt 2
notified LR 2 October 2003
s 1, s 2 commenced 2 October 2003 (LA s 75 (1))
pt 2 commenced 3 October 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004
A2004-15 sch 2 pt 2.52
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.52 commenced 9 April 2004 (s 2 (1))
Long Service Leave Amendment Act 2005
A2005-22
notified LR 12 May 2005
s 1, s 2 commenced 12 May 2005 (LA s 75 (1))
ss 3-12, sch 1 commenced 13 May 2005 (s 2 and CN2005-5
)
remainder commenced 20 May 2005 (s 2 and CN2005-7
)
Occupational Health and Safety Legislation Amendment Act 2005
A2005-38 s 5
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
s 5 commenced 31 August 2005 (s 2)
Statute Law Amendment Act 2007
A2007-3 sch 3 pt 3.63
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.63 commenced 12 April 2007 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007
A2007-12 sch 1 pt 1.9
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.9 commenced 1 July 2007 (s 2 and CN2007-3
)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2)
A2008-37 sch 1 pt 1.71
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.71 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008
A2008-35, s 2 (1) and CN2009-2
)
Long Service Leave Legislation Amendment Act 2008
A2008-43 pt 2
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
pt 2 commenced 10 September 2008 (s 2)
Long Service Leave (Portable Schemes) Act 2009
A2009-25 sch 4 pt 4.2
notified LR 8 September 2009
s 1, s 2 commenced 8 September 2009 (LA s 75 (1))
sch 4 pt 4.2 commenced 1 January 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011
A2011-22 sch 1 pt 1.96
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.96 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2)
A2011-28 sch 3 pt 3.25
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.25 commenced 21 September 2011 (s 2 (1))
Public Sector Management Amendment Act 2019
A2019-36 sch 1
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
sch 1 commenced 11 October 2019 (s 2)
COVID-19 Emergency Response Act 2020
A2020-11 sch 1 pt 1.12
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.12 commenced 8 April 2020 (s 2 (1))
COVID-19 Emergency Response Legislation Amendment Act 2020
A2020-14 sch 1 pt 1.19
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.19 commenced 14 May 2020 (s 2 (1))
Statute Law Amendment Act 2021
A2021-12 sch 3 pt 3.32
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.32 commenced 23 June 2021 (s 2
(1))
Preliminary
pt
1 hdg ins A2005-22
Name of
Act
s 1 sub A2005-22
Dictionary
s
2 am Ord1981-24
s 2; Ord1987-73
s 4; A1997-68
s 4; A1999-85
s 69; ss renum R6
LA
defs reloc to dict A2005-22
s 7
def
approved training agreement ins A1997-68
s 4
om
A2003-37
amdt
2.10
def associated company
am Ord1982-38
sch 4; A1995-46
sch; A1997-68
s 4
om
A2005-22
s 5
def
award holiday om A2005-22
s 5
def
continuous service am A1997-68
s 4; A2003-37
amdt 2.12
om A2005-22
s 5
def
minimum retiring age am Ord1987-73
s 4
om
A2005-22
s 5
def
training agreement ins A1997-68
s 4
om
A2003-37
amdt 2.14
Notes
s
2A ins A2005-22
Offences against Act—application of
Criminal Code etc
s 2B ins A2005-22
amdt 1.1
Important
concepts
pt 2 hdg ins A2005-22
Commission recipients may be
employees
s 2C ins A2005-22
Benefits under this Act and LSL (BCI)
Act
s 2D ins A2005-22
s 7
am
A2008-43
s 4; A2009-25
amdt 4.3
Benefits under this Act and LSL (CCI)
Act
s 2E ins A2005-22
s 7
am
A2008-43
s 5; A2009-25
amdt 4.4
Benefits under this Act and LSL (PS)
Act
s 2EA ins A2009-25
amdt 4.5
Working out remuneration—employee also
receives commission
s 2F ins A2005-22
Periods of
service
s 2G ins A2005-22
s 7
am
A2005-38
s 5
Entitlement to long service
leave
s
3 sub Ord1987-73
s 5
am
A1997-68
s 5
sub
A2005-22
s 8
am
A2008-43
Amount of long service
leave
s
4 sub Ord1987-73
s 5; A2005-22
Entitlement to payment in lieu of
payment
s 5 am Ord1978-20
om Ord1987-73
s 5
Grant of
leave
s 6 am Ord1978-20
; A1994-81
sch; A1997-68
s 6
sub
A2005-22
amdt
1.2
am A2008-43
amdt 1.47; A2020-14
amdt 1.97
(3A)-(3C) exp 30 September
2022 (s 6 (3C))
Payment for
leave
s 7 am A1997-68
Manner of payment for
leave
s 8 am Ord1978-20
; A1994-81
sch; A1997-68
s 8; ss renum R6 LA; A2005-22
amdt 1.3; ss renum R10 LA (see A2005-22
amdt 1.4)
Public holidays not to count as
leave
s 9 sub A2003-45
s 4
am
A2011-28
amdt 3.165
Continuity of service in certain
cases
s 10A ins Ord1987-73
Pay in lieu of long service
leave
s 11A ins Ord1987-73
s 7
am
A1997-68
s 9; A2008-43
Pay for ineligible service after 7
years
s 11B hdg sub A2005-22
s 9
s
11B ins Ord1987-73
s 7
am
A1997-68
s 10
om
A2008-43
Pro rata long service leave
entitlement
s 11C ins Ord1987-73
s 7
am
A1997-68
s 11; A2003-45
s 5; A2005-22
s 10; A2011-28
amdt 3.166
Calculation of ordinary
remuneration
s 11D ins Ord1987-73
s 7
am
A1997-68
Long service leave
records
s 12 am Ord1978-20
; A1994-81
sch; A1997-68
s 13; pars renum R6
LA
sub A2005-22
amdt 1.5
Administration and
enforcement
pt 3 hdg ins A2005-22
Registrar of long service
leave
s 13 sub A1994-97
sch pt 1; A1997-68
s 13
am
A2001-44
amdt 1.2680, amdt
1.2681
sub A2005-22
s
11
(3)-(5) exp 13 May 2006 (s 13
(5))
am A2011-22
amdt 1.296
Appointment of authorised
officers
s 13A ins A1997-68
s
14
sub A2005-22
s
11
(2)-(4) exp 13 May 2006 (s 13A
(4))
am A2011-22
amdt 1.296
Identity
cards
s 13B ins A1997-68
s
14
sub A2005-22
amdt
1.6
(5)-(7) exp 13 May 2005 (s 13B
(7))
am A2011-22
amdt 1.296
Powers of entry of authorised
officers
s 13C ins A1997-68
Complaints
s
13D ins A1997-68
s 14
am
A2001-44
amdts 1.2682-1.2685; A2007-3
amdt 3.350; A2021-12
amdt 3.77
Notice to comply with
Act
s 13E ins A1997-68
s
14
sub A2005-22
amdt 1.7
Internal review by
registrar
s 13F ins A1997-68
s
14
sub A2008-37
amdt
1.308
am A2021-12
amdt 3.77
Review by
ACAT
s 13G ins A1997-68
s
14
sub A2008-37
amdt 1.308
Failing to comply with requirement of
authorised officer
s 13H hdg sub A2004-15
amdt
2.113
s 13H ins A1997-68
s 14
am
A2004-15
amdt 2.114, amdt
2.115
om A2005-22
amdt 1.8
Liability
s
13J ins A1997-68
s 14
am
A2001-44
amdt 1.2686, amdt
1.2687
sub A2007-3
amdt 3.351
Delegation by
registrar
s 13K ins A1997-68
s
14
sub A2007-3
amdt 3.352
Miscellaneous
pt
4 hdg ins A2005-22
Offence
s
15 om Ord1978-20
Application of
Act
s 16 am A2005-22
s
13
exp 20 May 2005 (s 16
(5))
Approved
forms
s 17 om A1993-1
sch
1
ins A2001-44
amdt
1.2688
am A2007-3
amdt 3.353; A2011-28
amdt
3.167
om A2021-12
amdt 3.78
Regulation-making
power
s 18 am Ord1989-38
sch
1
sub A1997-68
s 15; A2001-44
amdt 1.2688
Transitional—Fair Work Act
(Cwlth)
s 19 ins A2011-28
amdt
3.168
exp 21 September 2012 (s 19
(3))
Dictionary
dict ins
A2005-22
s 14
am
A2008-37
amdt 1.309; A2011-22
amdt 1.297; A2011-28
amdt 3.169; A2019-36
amdt
1.1
def agreement am A1997-68
s 6
sub
A2011-28
amdt
3.170
def approved training
contract ins A2003-37
amdt
2.11
reloc from s 2 A2005-22
s 6
am
A2007-12
amdt
1.14
def associated company
ins A2005-22
s
14
def authorised officer
ins A1997-68
s 6
def
award am A1997-68
s 4
sub
A2001-56
amdt
3.445
reloc from s 2 A2005-22
s 6
sub
A2011-28
amdt
3.171
def award holiday ins
A2005-22
s 14
om
A2011-28
amdt
3.172
def casual employee
ins A1997-68
s 6
def
continuous service ins A2005-22
s
14
def determination sub Ord1989-38
sch
1
reloc from s 2 A2005-22
s 6
om
A2011-28
amdt
3.173
def employee sub Ord1981-24
s 2l; A1997-68
s 6
sub
A2019-36
amdt
1.2
def minimum retiring age
ins A2005-22
s 14
om
A2011-28
amdt
3.174
def ordinary remuneration
am A1997-68
s 6
def
period of service ins A2005-22
s
14
def salary or wages
reloc from s 2 A2005-22
s 6
def
trainee ins A1997-68
s 4
am
A2003-37
amdt
2.13
reloc from s 2 A2005-22
s 6
om
A2011-28
amdt 3.175
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
Ord1989-38 |
31 May 1991
2
A1993-1
31 August 1993
3
A1994-97
31 January 1995
4
A1995-46
30 November 1996
5
A1997-68
31 December 1997
6*
A2001-56
23 January 2002
7
A2003-45
3 October 2003
8
A2003-45
1 November 2003
9
A2004-15
9 April 2004
10 (RI) †
A2005-22
18 May 2005
11 (RI) †
A2005-22
19 May 2005
12
A2005-22
20 May 2005
13
A2005-22
21 May 2005
14*
A2005-38
31 August 2005
15
A2005-38
14 May 2006
16
A2007-3
12 April 2007
17
A2007-12
1 July 2007
18
A2008-43
10 September 2008
19*
A2008-43
2 February 2009
20
A2009-25
1 January 2010
21
A2011-22
1 July 2011
22
A2011-28
21 September 2011
23*
A2011-28
22 September 2012
24
A2019-32
11 October 2019
25
A2020-11
8 April 2020
26
A2020-14
14 May 2020
27
A2021-12
23 June 2021
† includes republication correction
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Australian Capital Territory 2022