Appealing Corporation's Decisions
Workers can appeal to the independent Building and Construction Industry Long Service Payments Committee against a decision by the Corporation to:
- Refuse an application for registration as a worker
- Cancel a worker's registration
- Refuse to credit service to a worker
Appeals cannot be lodged relating to service before 1 July 1986 or before the worker's registration date.
The Building and Construction Industry Long Service Payments Committee has the authority to confirm or overrule certain decisions made by the Corporation.
Committee members include employer and union representatives from the building and construction industry in NSW and are appointed by the Minister.
The Committee will review the information used by the Corporation when making the original decision along with any information provided in an appeal. An appeal must address the Corporation's reasons for its decision and demonstrate where the decision was incorrect or where information used was interpreted incorrectly.
An appeal should have documents to support the claim that the Corporation's decision was incorrect. Documentation may include work diaries, a letter from the employer detailing the work performed and the period of employment, a position description, references, statutory declarations, or invoices showing the work performed etc.
To lodge an appeal, a worker must complete and return an appeal form within 42 days of the date they are notified of the decision. However, the Committee Chairperson may accept an appeal within 6 months of the Corporation's notification of a decision if they consider that exceptional circumstances exist.*
To obtain an appeal form, a worker should follow the instructions on the notification to download a form or contact the Helpline on 13 14 41 and request a form.
*Exceptional circumstances - There must be circumstances which are out of the ordinary course or unusual. They may consist of an incident, matter, condition or state of affairs not commonly faced by appellants.
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