Appealing Corporation's Decisions

Workers can appeal to the independent Building and Construction Industry Long Service Payments Committee against certain decisions made by the Corporation relating to:

  • Refusal of a worker registration
  • Cancellation of a worker registration
  • Refusal of service credits after a 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. Any 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 as soon as possible after they are notified of the decision. To obtain an appeal form, a worker should contact the Committee Secretary on 13 14 41.

An appeal must be lodged within 42 days of the date of notification 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.

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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