Building and Construction Industry Long Service Payments Committee

The Building and Construction Industry Long Service Payments Committee (Industry Committee) is empowered in accordance with Part 6 of the Building and Construction Industry Long Service Payments Act 1986 (the Act), to hear appeals in respect of decisions made by the Long Service Corporation (the Corporation):
  • To refuse or to cancel a registration (section 49)
  • To refuse the recording of service credits (section 50)
  • To limit the amount of a long service payment by operation of a deemed minimum or maximum rate of pay (section 50A)
  • To make an assessment of a long service levy (section 51)
  • To determine the payment of interest on a long service levy (section 52)
  • The intent of these procedures is to ensure that:
  • The principles of natural justice and procedural fairness are observed
  • Adequate notice of the appeal process is given to appellants
  • Appellants are informed of the information and material required to support an appeal, and are provided opportunity
  • to bring all relevant matters to the attention of the Committee
  • The Committee is informed of all relevant facts when determining an appeal.

Committee Procedures

  1. The Committee will ensure that the principles of ’natural justice’ are adopted in their considerations, including avoidance of errors in law by due consideration of the legislation, precedents and the reasons for these previous decisions. 
  2. The Committee will ensure that an appellant is informed of the reasons the Corporation made the decision which the Industry Committee is to review. The Committee will also ensure that an appellant is informed of evidence requirements to support an appeal and the procedures the Committee will follow.
  3. The Committee will give an opportunity for an appellant to provide written submissions only. There is no requirement for legal representation and the Committee does not intend to conduct hearings.
  4. The strict rules of evidence do not apply, however the Committee will ensure that sufficient relevant factual and other materials are considered before making any decision.
  5. Sources of factual material will include advice from the Corporation, records of previous Committee decisions, records of advice from employers and workers, statutory declarations and related evidence from levy payer or workers.
  6. All decisions of the Committee will be documented in such a way as subsequent Committees can understand the reasons for a decision and its relationship with previous decisions and the legislation.
  7. The Committee will ensure that comprehensive reasons are provided to an appellant where an appeal is dismissed.
  8. Committee members give priority to advancing the cause of the Committee and will follow Committee rulings on confidentiality. All matters relating to the operation of the Committee are to be held confidential by Committee members except where express agreement of a quorum of members has decided that it can be released in some agreed form.
  9. Committee members are to advise if there is any reasonable apprehension of bias or conflict of interest on their part in respect of any appeal. Committee members will decide whether the member will thereafter participate in any decision making in respect of that appeal. Each Committee member’s prime focus will be to further, and support the purposes of the Committee and they will not act as mere channels of communication for the groups that put them forward for membership of the Committee.
  10. The Committee will ensure procedural requirements of the Building and Construction Industry Long Service Payments Act 1986 will be observed including quorums. Where the Committee appoints a sub Committee to deliberate upon any appeal matter no decision will be made unless the appeal is heard and determined by two or more members.
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