Victorian Numbered Acts

LONG SERVICE LEAVE ACT 2018 (NO. 12 OF 2018)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  
   5.      Employees to whom this Act does not apply  

   PART 2--LONG SERVICE LEAVE ENTITLEMENTS

   6.      Entitlement to long service leave  
   7.      Long service leave does not include public holidays or annual leave  
   8.      Leave in advance  
   9.      What happens if employment ends before leave is taken?  
   10.     What is to happen if the employee dies before leave is taken?  
   11.     Meaning of one employer  
   12.     Meaning of continuous employment  
   13.     Periods of absence from work that are taken to be periods of employment when calculating the length of a period of continuous employment  
   14.     Periods of absence from work not taken to be periods of employment when calculating the length of a period of continuous employment  
   15.     Meaning of ordinary pay and ordinary time rate of pay  
   16.     Normal weekly hours if none fixed or hours changed  
   17.     Normal weekly hours and ordinary time rate of pay if working in suitable employment or absent due to workplace illness or injury  
   18.     Employee may make request for long service leave  
   19.     Employer may direct employee to take long service leave  
   20.     Payment while on long service leave  
   21.     Pay increases while on leave  
   22.     Leave at half pay  
   23.     Contracting out prohibited  

   PART 3--ENFORCEMENT

           Division 1--Industrial Division of the Magistrates' Court

   24.     Jurisdiction of the Industrial Division of the Magistrates' Court  
   25.     Proceedings for offences to be brought in Industrial Division of the Magistrates' Court  
   26.     Recovery of money owed  
   27.     Order for reimbursement, reinstatement and compensation  
   28.     Order for payment of arrears or compensation on conviction  

           Division 2--Authorised officers

   29.     Appointment of authorised officers  
   30.     Identity cards  
   31.     Power to require information or documents  
   32.     Retention of documents  
   33.     Confidentiality  

           Division 3--Offences

   34.     Payments in lieu forbidden  
   35.     Offences concerning working during long service leave  
   36.     Adverse action taken against employee  
   37.     Offences concerning long service leave records  
   38.     Failing to produce documents or giving false or misleading documents  
   39.     Protection against self-incrimination  
   40.     Who can prosecute under this Act?  
   41.     Judicial notice of signatures  
   42.     Imputing conduct to bodies corporate or other employer  
   43.     Criminal liability of officers of bodies corporate—accessorial liability  
   44.     Offences by unincorporated associations  

   PART 4--PRESERVATION OF SUPERIOR LONG SERVICE LEAVE ENTITLEMENTS

   45.     Application of Part  
   46.     Definition of award  
   47.     Preservation  

   PART 5--PRESERVATION OF ACCRUED LONG SERVICE LEAVE ENTITLEMENTS

   48.     Definitions for this Part  
   49.     Protection of accrued entitlements  

   PART 6--DISCLOSURE REQUIREMENTS FOR WORKPLACE AGREEMENTS

   50.     Disclosure of modified or removed long service leave entitlements  

   PART 7--GENERAL

   51.     Long service leave records  
   52.     Supreme Court—limitation of jurisdiction  
   53.     Regulations  
   54.      Transitional regulations  

   PART 8--REPEAL OF LONG SERVICE LEAVE ACT 1992 AND SAVINGS ANDTRANSITIONAL PROVISIONS

   55.     Definitions  
   56.     Long Service Leave Act 1992 repealed  
   57.     Transitional provisions  

   PART 9--CONSEQUENTIAL AMENDMENTS OF OTHER ACTS AND REPEAL OF THIS PART

   58.     Education and Training Reform Act 2006  
   59.     Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016  
   60.     Outworkers (Improved Protection) Act 2003  
   61.     Pre-school Teachers and Assistants (Leave) Act 1984  
   62.     Repeal of this Part  
           ENDNOTES