Fines for Failing to Pay Long Service Leave and New Reporting Rules for Sexual Assault at Work
Workplace Legislation Amendment Bill 2025 (No 3)
Introduced by: Michael Pettersson (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Employers commit a strict liability offence if they fail to pay long service leave within 90 days of employment ending; fines reach 50 penalty units.
Authorised officers can enter workplaces or public areas at reasonable times; they cannot enter residential areas.
Authorised officers can order people to provide documents or information; they can take photos and recordings.
People must answer questions from authorised officers even if the answer incriminates them; this information cannot be used as evidence in court unless the person lied.
Sexual assault incidents are now classified as notifiable incidents under work health and safety laws.
Workplace managers face tier D fines if they fail to preserve the site and evidence of a notifiable incident.
People with a duty to report incidents face tier D fines if they fail to notify the relevant authority immediately.
The Work Health and Safety Commissioner is now an inspector under the Dangerous Substances Act 2004.
Employers who fail to pay long service leave within 90 days of an employee leaving can be fined up to 50 penalty units.
Long service leave officers can enter workplaces, public areas, or premises where the owner agrees. They cannot enter private residential areas.
Long service leave officers can order people to provide documents and information, and can take photos or recordings of evidence.
People must answer questions or provide documents to long service leave officers even if the information incriminates them. This information cannot be used against them in court, unless they provide false or misleading information.
Sexual assault incidents are now listed as 'notifiable incidents' under work health and safety laws if they happen during business activities.
People who manage or control a workplace can be fined if they fail to preserve the site and evidence after a notifiable incident.
People with a legal duty to report a notifiable incident can be fined if they do not immediately tell the person who manages or controls the workplace.
The Work Health and Safety Commissioner is now an inspector under the Dangerous Substances Act 2004.