Victorian Current Acts

LONG SERVICE BENEFITS PORTABILITY ACT 2018

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of work  

   PART 2--LONG SERVICE BENEFITS

   5.      Entitlement to long service benefits  
   6.      Contracting out prohibited  

   PART 3--REGISTRATION

           Division 1--Registers

   7.      Registers  
   8.      Information to be kept on employers register  
   9.      Information to be kept on workers register  
   10.     Inspection of registers  

           Division 2--Registration of employers

   11.     Application by employer for registration  
   12.     Dealing with application for registration as employer  
   13.     Notice of registrar decision  
   14.     Registered active employer to notify change of details  
   15.     Moving person from active part of employers register  

           Division 3--Registration of workers

   16.     Application by worker for registration  
   17.     Application by employer for registration of employee  
   18.     Dealing with application for registration as worker  
   19.     Notice of registrar decision  
   20.     Registrar may register worker without application  
   21.     Moving person from active part of workers register  
   22.     Moving person back to active part of workers register  

           Division 4--Recognition of service

   23.     Relevant day  
   24.     Service credits—service before relevant day  
   25.     Service credits—employee's service before registration  
   26.     Service credits—contract worker's service before registration  

   PART 4--QUARTERLY RETURNS, LEVIES AND RECORD KEEPING

           Division 1--Quarterly returns

   27.     Quarterly returns by employers  
   28.     Quarterly returns by contract workers  

           Division 2--Levies

   29.     Imposition of levy  
   30.     Amount of levy—employers  
   31.     Amount of levy—contract workers  
   32.     Payment of levy  
   33.     Unpaid levy  

           Division 3--Record keeping

   34.     Employers to keep long service records  

   PART 5--ADMINISTRATION

           Division 1--Portable Long Service Benefits Authority

   35.     Establishment of Portable Long Service Benefits Authority  
   36.     Functions of Authority  

           Division 2--Governing Board

   37.     Portable Long Service Benefits Governing Board  
   37A.    Nominations for appointment of members to the Board  
   38.     Functions of the Governing Board  
   39.     Chairperson and deputy chairperson  
   40.     Conditions of office for appointed members  
   41.     Vacancies, resignations and removal from office  
   42.     Validity of acts or decisions  
   43.     Proceedings of the Governing Board  
   44.     Resolutions without meetings  
   45.     Pecuniary interests of members of the Governing Board  
   46.     Personal immunity  

           Division 3--Registrar, staffing and other matters

   47.     Registrar  
   48.     Staff  
   49.     Delegation  
   50.     Improper use of information  
   51.     Disclosure of information to other entities and authorities  

           Division 4--Finance

   52.     Money of Authority  
   53.     Separate and common funds  
   54.     Actuarial investigation of funds  

   PART 6--DISPUTE RESOLUTION AND ENFORCEMENT

           Division 1--VCAT reviews

   55.     Review by VCAT  
   56.     Time limit for applying for review  

           Division 2--Industrial Division of the Magistrates' Court

   57.     Proceedings for offences to be brought in Industrial Division of the Magistrates' Court  
   58.     Order for payment to worker on finding of guilt  

           Division 3--Authorised officers

   59.     Appointment of authorised officers  
   60.     Identity cards  
   61.     Power to require information or documents  
   62.     Retention of documents  
   63.     Confidentiality  

           Division 4--Offences

   64.     Adverse action taken against worker  
   65.     Offence to refuse to comply with Authority's determination  
   66.     Offences concerning long service records  
   67.     Failing to produce documents or giving false or misleading documents  
   68.     Protection against self-incrimination  
   69.     Who can prosecute under this Act?  
   70.     Imputing conduct to bodies corporate or other employer  
   71.     Criminal liability of officers of bodies corporate—accessorial liability  
   72.     Offences by unincorporated associations  
   73.     Evidentiary certificates  

   PART 7--GENERAL

   74.     Review of Act  
   75.     Reciprocal agreements for corresponding laws  
   76.     Approved forms  
   77.     Waiver of fees  
   78.     Supreme Court—limitation of jurisdiction  
   79.     Regulations  
   80.     Transitional provision—Industrial Relations Legislation Amendment Act 2021  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES