Full description
The Building and Construction Industry Long Service Payments Corporation was constituted by the Building and Construction Industry Long Service Payments (Amendment) Act, 1982 (Act No.44, 1982) which was proclaimed on 1 August 1982. (1) The effect of the Act was to transfer the administration of the Building and Construction Industry Long Service Payments Fund from the Builders Licensing Board to the Corporation. (2)
The purpose of the Corporation was to professionally, cost effectively and efficiently manage an independent and impartial worker benefit scheme providing industry-based portability of long service benefits for designated members of the building and construction industry in NSW. (3)
The Corporation registered building and construction industry workers, collected service details from employers and workers, issued notices of service to workers annually and provided long service payment to eligible members. (4)
Prior to 1986 the scheme was funded by employers. From 1 July 1986 the Building and Construction Industry Long Service Payments Act, 1986 (Act No.19,1986) significantly changed the method of collecting service details of workers, and the means of funding the scheme. (5) Employers were thereafter required to lodge an Employee Certificate of Service for each worker every financial year, and a long service levy was introduced to replace the funding previously provided by employers. (6)
The levy was suspended from 29 March 1993 to 30 June 1997 (7) following an actuarial investigation of the scheme, which showed a substantial surplus of funds. During this period, the scheme was funded by interests on investments, and the surplus funds. (8) From 1 July 1997 the levy was re-introduced on building and construction work costing $25,000 or above, with local councils acting as agents to collect the levy for the Corporation. (9)
From 1 July 1989 to 30 June 1992, the Corporation operated as a division of the NSW Superannuation Office. From 1 July 1992 the Corporation was managed by the Director-General of the Department of Industrial Relations, Employment, Training and Further Education. From 10 April 1995 management transferred to the Director-General, Department of Industrial Relations. (10)
From 1 January 2011 the Long Service Corporation Act 2010 (Act No.123, 2010) changed the agency's name to the Long Service Corporation. (11) According to the Act, the functions of the Corporation were as follows:
(i) The Corporation has the functions conferred or imposed on it by or under:
(a) this Act, and
(b) the Building and Construction Industry Long Service Payments Act 1986 and,
(c) the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010,
(d) any other Act
(ii) Without limiting subsection (1), the Corporation is to provide advice, and may make recommendations, to the Minister with respect to the payment of long service leave under any Act referred to in that subsection and otherwise in connection with the operation of those Acts.
From 1 January 2018 the Corporation transitioned from the NSW Treasury to the Department of Department of Finance, Services and Innovation under the Better Regulation Division. (12)
The Department of Finance, Services and Innovation was abolished on 1 July 2019 and the Corporation moved to the Department of Customer Service. (13)
Endnotes
1. NSW Government Gazette, 1 August 1982
2. Building and Construction Industry Long Service Payments Corporation Act, 1982
3. Building and Construction Industry Long Service Payments Corporation Annual Report 30 June 1997 p.5
4. NSW Government Directory 2000
5. Long Service Payments Corporation website www.lspc.nsw.gov.au.
6. Op. cit.
7. Annual Report 1997, Loc Cit, p.4
8. Building and Construction Industry Long Service Payments Corporation Annual Report 30 June 1993
9. Annual Report 1997, Loc Cit p.4
10. Op. cit.
11. Long Service Corporation Act 2010, s.2, 4; Sch.1 cls. (2) and (3).
12. Long Service Corporation Annual Report 2017-2018, p. 9.
13. Administrative Arrangements (Administrative Changes-Public Service Agencies) Order 2019 (2019 No 159), cl. 7; NSW Legislation Website 2 April 2019.
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