Page 1572 - Week 05 - Tuesday, 14 May 2019
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
battle with the ACT government through the ACT Long Service Leave Authority about their requirement to contribute employee LSL entitlements into the portable long service leave scheme. This issue has been ongoing since 2010 with conflicting advice having been provided regarding their requirement to contribute or not contribute, as the case may be. Minister, what action or steps have you taken to ensure that a negotiated resolution with Mental Health Australia has occurred prior to this date?
MS STEPHEN-SMITH: I thank Mr Wall for the question. I have been briefed on this matter a number of times in my time in this portfolio. As the issue in relation to Mental Health Australia and the amounts paid to the Long Service Leave Authority under the Long Service Leave (Portable Schemes) Act 2009 is now subject to litigation brought by Mental Health Australia, I will not be able to comment on the matter specifically. In relation to the specific question, I have been briefed a number of times and I have indeed written to Mental Health Australia in relation to this matter. My correspondence with them reflects the information that I have been provided with.
MR WALL: Minister, why have the ACT government and the ACT Long Service Leave Authority been unable to apply this legislation consistently across applicable peak advocacy and industry bodies?
MS STEPHEN-SMITH: I think Mr Wall’s question goes directly to the matters that are subject to current litigation. Therefore I will not be commenting on that matter.
MRS DUNNE: Is the ACT government using the Mental Health Australia example as a legal test case for the failures in the long service leave scheme?
MS STEPHEN-SMITH: I note that the litigation was brought by Mental Health Australia, not by the ACT government.
Industrial relations—long service leave
MS LEE: My question is also to the Minister for Employment and Workplace Safety. Minister, Mental Health Australia has claimed that it is adversely affected by the inconsistencies in the application of the ACT Long Service Leave (Portable Schemes) Act. How many not-for-profit organisations could potentially be affected by these inconsistent applications of the act?
MS STEPHEN-SMITH: I think the answer to Ms Lee’s question probably goes to the outcome of the current case. Therefore, it will not be possible to answer it at this point in time. If Ms Lee would like me to take on notice her question in relation to how many organisations are currently registered under the community sector industry part of the scheme, I believe that that information is public. I am happy to take that question on notice and come back to the Assembly with the answer about how many community sector industry businesses are registered for portable long service leave.
MS LEE: Minister, what actions have you taken to ensure that the experience of Mental Health Australia is not going to be replicated in other not-for-profits?
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video