Worker cancellation - 4 year rule

PURPOSE:

The purpose of this policy is to state the guidelines of the Contract Cleaning Industry (Portable Long Service Leave) Authority (the Authority) for the application of section 50 of the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 (the Act) where a registered worker has not been credited with any service in the register of workers kept under the Act, or in a like register or record (an interstate register) kept under a corresponding law (as defined in the Act), for at least 4 consecutive years.

SCOPE:

This policy applies to registered workers under the Act.

CONTEXT:

Relevant excerpts from the Act

44 Authority to keep register of workers

(1) The authority must keep a register of persons who are registered under section 47 or 48 (a register of workers).

50 Cancellation of registration as a registered worker

(1) The authority may cancel a person's registration under this division if it is satisfied about any of the following -

(a)......................................
(b)the person has not, for at least 4 consecutive years, been credited with service in the register of workers or a record kept under a corresponding law;
(c)......................................

(2)If the authority cancels a person's registration, it must -

(a)give the person an information notice about the cancellation; and
(b)remove the person's name from the register of workers -

(ii)otherwise - after 120 days from the day the authority gives the person the information notice.

(3).................................................

(4)When the person's name is removed from the register of workers----

(a)the person is no longer a registered worker; and
(b)the person, or the personal representative of the person, is not entitled to apply for or be paid long service leave for any days' service credited to the person in the register of workers at the time of removal.

(5)This section does not prevent a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker.

POLICY:

Step 1Notice of proposed cancellation of registration

1The Authority will invoke the process under section 50(1) of the Act if both—

2The notice must also state that the worker may prevent the worker’s registration being cancelled if the worker provides the Authority with any of the following information during the 1-month period—

Step 2Cancellation of registration

3The Authority must cancel the worker’s registration from the date set in the letter stating the Notice of Intention if either—
4The Authority must give the worker written notice of the cancellation, stating—

·the date of cancellation; and
5The notice must also state that the worker may prevent the worker’s name being removed from the register of workers if the worker provides the Authority with any of the following information during the 120-day period—
If the worker provides the information to the Authority during the 120-day period, and the Authority verifies the information, the worker's registration will be reinstated, effective from the date of its cancellation.

6The notice must also state that the worker may prevent the worker’s name being removed from the register of workers if, during the 120-day period, the worker applies for a reconsideration under part 8 of the Act in relation to the Authority’s decision to cancel the worker’s registration.

If the worker applies for a reconsideration under part 8 of the Act in relation to the Authority’s decision to cancel the worker’s registration, the worker’s name will be removed from the register of workers if—

7The notice must also state that if a person’s name is removed from the register of workers—

Step 3Removal of worker’s name from register of workers

8The Authority must remove the worker's name from the register of workers as soon as practicable after the expiry of the 120-day period if—

9However, if during the 120-day period, the worker applies for a reconsideration under part 8 of the Act in relation to the Authority’s decision to cancel the worker’s registration, the Authority must remove the worker's name from the register of workers—