Queensland Numbered Acts

COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020

- As at 22 June 2020
- Act 19 of 2020

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Main purpose of Act

   PART 2 - INTERPRETATION

   5.      Definitions
   6.      Meaning of community services industry
   7.      Meaning of community services and community services work
   8.      Meaning of worker
   9.      Meaning of employer

   PART 3 - COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) AUTHORITY

           Division 1 - Establishment and status

   10.     Establishment
   11.     Legal status
   12.     Authority is a statutory body

           Division 2 - Functions and powers

   13.     Functions
   14.     Powers

           Division 3 - Board

              Subdivision 1 - Establishment, functions and powers

   15.     Establishment
   16.     Functions
   17.     Powers

              Subdivision 2 - Membership

   18.     Members
   19.     Deputy chairperson
   20.     Term of appointment
   21.     Conditions of appointment
   22.     Disqualification
   23.     Vacancy of office
   24.     Acting director

              Subdivision 3 - Business

   25.     Meaning of material personal interest
   26.     Conduct of business
   27.     Attendance at meetings by electronic means
   28.     Frequency of meetings
   29.     Presiding at board meetings
   30.     Minutes
   31.     Quorum
   32.     Voting at board meetings
   33.     Disclosure of interests at board meetings
   34.     Decisions on questions in writing

           Division 4 - Administration

   35.     Administration subject to Minister
   36.     General manager
   37.     Management of authority
   38.     Staff and services for authority
   39.     Document presumed to be properly made
   40.     Agreement about administration of Act

           Division 5 - Financial provisions

   41.     Funds
   42.     Proposed budget and budget reports
   43.     Actuarial investigation of funds

   PART 4 - REGISTERS

           Division 1 - Registration of workers

   44.     Authority to keep register of workers
   45.     Application for registration as a registered worker
   46.     Authority to decide application
   47.     Authority may register worker without application
   48.     Information to be entered in register of workers
   49.     Determining individual’s registration day
   50.     Other information requested for the register of workers
   51.     Show cause notice before cancellation
   52.     Cancellation of registration

           Division 2 - Registration of employers

   53.     Authority to keep register of employers
   54.     Application for registration as a registered employer
   55.     Court order about application
   56.     Authority to decide application
   57.     Information to be entered in register of employers
   58.     Employer to give notice of change to information given
   59.     Authority may require information or documents from employer
   60.     Cancellation of registration

   PART 5 - SERVICE CREDITS, RETURNS, PAYMENTS AND RECORDS

   61.     Meaning of engagement period for a worker
   62.     Crediting service
   63.     Limitations on crediting service
   64.     Notice to registered workers about service credits
   65.     Employer must give return
   66.     Payments of levy for return period
   67.     Decisions about ordinary wages in returns
   68.     Employer may apply for exemption from lodging return
   69.     Civil penalty for failure to give return or pay levy
   70.     Employer to keep record for each worker

   PART 6 - LONG SERVICE LEAVE

           Division 1 - Preliminary

   71.     Definitions for part

           Division 2 - Application for and entitlement to long service leave

   72.     Application for long service leave entitlement by registered worker
   73.     Entitlement to long service leave

           Division 3 - Calculation and payment of long service leave

   74.     Amount of long service leave payment
   75.     Long service leave not payable in particular cases
   76.     Payments to employers after registered worker paid long service leave
   77.     Payment to employers before registered worker paid long service leave
   78.     If employer unable to pay entitlement
   79.     Authority may pay if employer insolvent
   80.     Entitlement if credit for service accrued elsewhere
   81.     Entitlement if corresponding authority pays
   82.     Payment may be deferred
   83.     Authority’s liability confined to long service leave

   PART 7 - LEVIES

   84.     Imposition of levy
   85.     Amount of levy
   86.     Authority may require information or documents if levy not paid
   87.     Additional levy payments
   88.     Interest on levy and extension of time for payment of levy
   89.     Recovery of levy amount
   90.     Penalties no relief from levy

   PART 8 - REVIEWS AND APPEALS

           Division 1 - Purpose of part

   91.     Purpose

           Division 2 - Internal review of original decisions

   92.     Application for internal review
   93.     Internal review of original decision

           Division 3 - Appeals to industrial magistrate

   94.     Who may appeal
   95.     Starting appeal
   96.     Directions
   97.     Where appeal heard
   98.     Attendance notice

           Division 4 - Appeals to industrial court

   99.     Appeal

   PART 9 - AUTHORISED OFFICERS

           Division 1 - Appointment

   100.    Authorised officers under part
   101.    Functions of authorised officers
   102.    General manager is an authorised officer
   103.    Appointment and qualifications
   104.    Appointment conditions and limit on powers
   105.    When office ends
   106.    Resignation

           Division 2 - Identity cards

   107.    Issue of identity card
   108.    Production or display of identity card
   109.    Return of identity card

           Division 3 - Powers of authorised officers

   110.    Definitions
   111.    Application of contract cleaning provisions

   PART 10 - PROCEEDINGS FOR OFFENCES

   112.    Proceedings for offences
   113.    Powers of industrial magistrate
   114.    Evidentiary certificates about returns
   115.    Evidentiary certificates about levy payments
   116.    Other evidentiary certificates
   117.    Penalties to be paid to authority

   PART 11 - MISCELLANEOUS

   118.    Offence of improper disclosure of information
   119.    Arrangements with other States
   120.    Declaration about arrangements with other States
   121.    General manager’s power of delegation
   122.    Protecting officials from liability
   123.    Review of Act
   124.    Approved forms
   125.    Regulation-making power

   PART 12 - TRANSITIONAL PROVISION

   126.    Extended time for registration as an employer

   PART 13 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   127.    Act amended
   128.    Amendment of long title

           Division 1A - Amendment of Bail Act 1980

           128A . Act amended
           128B . Amendment of s 19B (Review of particular decisions)
           128C . Amendment of s 19C (Review by Supreme Court of magistrate’s decision on a review)

           Division 2 - Amendment of Building and Construction Industry (Portable Long Service Leave) Act 1991

   129.    Act amended
   130.    Amendment of s 32 (Funds of authority)

           Division 3 - Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005

   131.    Act amended
   132.    Amendment of s 40 (Funds of authority)

           Division 3A - Amendment of COVID-19 Emergency Response Act 2020

   132A.   Act amended
   132B.   Insertion of new pt 8A

           Division 3B - Amendment of Holidays Act 1983

           132C . Act amended
           132D . Insertion of new s 13

           Division 4 - Amendment of Industrial Relations Act 2016

   133.    Act amended
   134.    Amendment of s 95 (Entitlement—employees other than seasonal employees)
   135.    Amendment of s 110 (Payment instead of long service leave)
   136.    Insertion of new ch 15A
   137.    Insertion of new ch 18, pt 4
   138.    Insertion of new schs 4A and 4B
   139.    Amendment of sch 5 (Dictionary)

           Division 5 - Amendment of Public Health Act 2005

   140.    Act amended
   141.    Insertion of new ch 8, pt 7AA
   142.    Insertion of new ch 12, pt 7

           Division 6 - Amendment of Public Health Regulation 2018

   143.    Regulation amended
   144.    Insertion of new s 61A

           Division 7 - Amendment of Work Health and Safety Act 2011

   145.    Act amended
   146.    Omission of s 141A (Powers of inspector asked to assist in resolving dispute)
   147.    Omission of s 142A (Review by commission of decision made by inspector under s 141A)
   148.    Amendment of s 144 (Person must not refuse or delay entry of WHS entry permit holder)
   149.    Amendment of s 145 (Person must not hinder or obstruct WHS entry permit holder)
   150.    Amendment of s 146 (WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace)
   151.    Amendment of s 147 (Misrepresentations about things authorised by this part)
   152.    Amendment of s 148 (Unauthorised use or disclosure of information or documents)
   153.    Amendment of s 188 (Offence to hinder or obstruct inspector)
   154.    Amendment of s 189 (Offence to impersonate inspector)
   155.    Amendment of s 190 (Offence to assault, threaten or intimidate inspector)
   156.    Insertion of new pt 16, div 6

           Division 8 - Amendment of Youth Justice Act 1992

   157.    Act amended
   158.    Amendment of s 48 (Releasing children in custody in connection with a charge of an offence)
   159.    Insertion of new s 48AAA
   160.    Amendment of s 48AA (Matters to be considered in making particular decisions about release and bail)
   161.    Amendment of s 48AC (Representatives of community justice groups must advise of particular matters)
   162.    Omission of s 48AD (When children may be released from custody despite unacceptable risk)
   163.    Amendment of s 48A (Releasing children found guilty of terrorism offences or subject to Commonwealth control orders)
   164.    Amendment of s 50 (Dealing with children not brought before Childrens Court in accordance with s 49)
   165.    Amendment of s 52A (Other conditions of release on bail)
   166.    Amendment of s 289 (Recording, use or disclosure for authorised purpose)
   167.    Amendment of s 301A (Protection from liability)
   168.    Amendment of sch 4 (Dictionary)
           SCHEDULE 1
           SCHEDULE 2