Page 4324 - Week 12 - Thursday, 24 October 2019
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pursue a director of a company personally, those who previously hid behind company structures to avoid their obligations will no longer be able to do so.
The bill also introduces an interest regime for the late payment, non-payment or underpayment of levies. Interest would be payable from the first day the levy is due until it is paid and will, as a result, apply a proportionate penalty to the late payment of levy amounts. Interest will be determined by the Minister for Employment and Workplace Safety in consultation with the governing board of the Long Service Leave Authority.
The bill also acknowledges that late payment, non-payment and underpayment of levies may not always be the fault of the employer. The bill will allow the Long Service Leave Registrar to waive all or part of the interest payable if satisfied that it would be unfair or unreasonable to charge interest under particular circumstances.
The bill will also modernise enforcement provisions for inspectors by allowing inspectors to provide a notice to request and receive information without the need to physically enter a work premise. This will result in a more efficient use of an inspector’s time to undertake other important regulatory functions. It will also minimise any possible disruption to business which may occur as a result of inspectors entering premises to request or obtain information.
The bill makes technical amendments to the portable schemes act to enhance its practical application and ensure it does not inadvertently disadvantage those it intends to support. This includes amending the legislative time frames for which the registrar can credit service for workers who have unrecorded leave.
While the registrar can credit unrecorded service for a worker of up to four years in certain circumstances, this time frame has proven to be restrictive in some cases. Where a levy can be paid, this bill would give the registrar the ability to credit an unlimited amount of service if satisfied that a worker has worked in a covered industry for that period. This will ensure that employees are not unfairly disadvantaged by arbitrary legislative time frames.
In addition to enhancing enforcement mechanisms under the legislation, a new infringement notice scheme will be introduced under the Magistrates Court Act 2003 to better encourage employer compliance under the portable schemes legislation.
As I am sure everyone in the Assembly will agree, access to long service leave is an important workplace entitlement. It is important for workers to be able to take leave that recognises their contribution over an extended period of time. It is also important for employers in ensuring the health and wellbeing of their workforce. I commend the Long Service Leave (Portable Schemes) Amendment Bill 2019 to the Assembly.
Debate (on motion by Mr Wall) adjourned to the next sitting.
Annual and financial reports 2018-2019
Reference to standing committees
Motion (by Mr Gentleman) agreed to:
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