1. Agreement and Access

These Terms govern your use of the Portal. You accept these Terms, and agree to be bound by these Terms, by using the Portal. You should ensure that you have read and understand these Terms before using the Portal.

In consideration of your acceptance of these Terms, the ACT Long Service Leave Authority (ACT Leave) will provide you with access to the Portal in accordance with these Terms.

2. Information Privacy

Information, including your personal information, is collected via the Portal for the purpose of administering the portable long service leave benefits schemes established under the Act.

This information may be accessed by our contracted service providers, other government entities, your authorised representatives, our external advisers, and as otherwise authorised or required by law, and in accordance with our Privacy Policy published at https://actleave.act.gov.au/privacy-policy/.

3. User Obligations

You must:

1. comply with these Terms;
2. not use the Portal for illegal or fraudulent activity;
3. only use the Portal in accordance with these Term and for the Intended Purposes;
4. only enter information into the Portal which is true and correct and meets the requirements of the Act;
5. comply with any guidelines, policies and/or procedures posted on our Website (https://actleave.act.gov.au/); and
6. maintain the currency of your online profile details.

4. Primary Contact Obligations

If you are the Primary Contact, your acceptance of these Terms is taken to be agreement by the Employer to these Terms and you warrant that you are either:

1. the Employer; or
2. authorised by the Employer to bind the Employer to these Terms and to provide all relevant information and conduct all transactions through the Portal on behalf of the Employer.

The Primary Contact must only nominate Users who are authorised by the Employer to input information into the Portal and use the Portal for its Intended Purposes.

The Primary Contact must ensure that every Nominated Contact is duly authorised to use the Portal on behalf of the Employer, is aware of these Terms and only uses the Portal in accordance with these Terms.

5. Security

The Portal provides access to personal and employer information and must not be accessed from unsecure or untrusted devices or networks. These include but are not limited to the following: internet cafés, shared computers and personal computers without current anti-virus protection, mobile devices using shared Wi-Fi networks.

When you have finished your session please logout and ensure you close all internet browser windows.

In addition, you must:

1. ensure the confidentiality of your username and password at all times;
2. report any suspicious or unauthorised use of the Portal to ACT Leave immediately after becoming aware of it;
3. comply with the relevant privacy laws (including the Information Privacy Act 2014 and Privacy Act 1988 (Cth)) in respect of any personal information input into or accessed by way of the Portal;
4. not attempt to access the Database or any other information held on the Portal which is not intended for you;
5. notify us immediately if you obtain access to, or inadvertently receive, any information by way of the Portal which is not intended for you; and
6. not attempt to decompile or reverse engineer the software used in the Portal or otherwise use it in a manner which is inconsistent with these Terms.

6. Changes to Portal and Terms

We may change or discontinue any feature on, or accessible through, the Portal at any time, including site content, hours of availability, equipment required for access and these Terms, which may affect your ability to access the Services through the Portal. Any changes will be notified on the ACT Leave’s website (https://actleave.act.gov.au/) and/or the Portal.

You agree that ACT Leave may update these Terms from time to time. If ACT Leave makes changes to these Terms, it will make reasonable endeavours to notify you of these changes. Your continued use of the Portal will be taken as your acceptance to any updated terms.

7. Interruption to Service

We will use our reasonable endeavours to provide you with access to the Portal during normal business hours. However, the Portal (including any function within the Portal) may be unavailable at times and your access may be interrupted. Where this is due to an unplanned incident, we will endeavour to reinstate the function or access (as applicable) at the earliest opportunity. Where this is due to scheduled maintenance, we will endeavour to provide advance notification of periods of scheduled outages on ACT Leave’s website (https://actleave.act.gov.au/) and/or the Portal.

8. Risk and Liability

You acknowledge that you use the Portal solely at your own risk.

To the extent permitted by law, we will not be liable to you or third parties for any loss (including data loss), damage, injury or expense whatsoever arising from or in connection with:

1. your use or attempted use of the Portal, including use of information provided through the Portal;
2. any interruption in your access to the Portal;
3. any fault or defect in the functions of the Portal; or
4. any security breach or unauthorised access to the Portal or Database.

9. Access outside Australia

We do not represent that information or services on the Portal is appropriate or available for use in countries outside Australia. If you choose to access this Portal from outside Australia, you are responsible for compliance with foreign and local laws.

10. Termination or suspension of access to the Portal

We may terminate or suspend your access to the Portal at any time and for any reason, including where we consider that you have used the Portal in a manner not consistent with these Terms.

If we terminate or suspend your access to the Portal, we will notify you as soon as possible after the termination or suspension. If your account has been suspended or terminated, and you are required by the Act to undertake an action which would usually be done by way of the Portal, you must contact us within 1 business day on (02) 6247 3900 or alternatively email enquiry@actleave.act.gov.au, and we will provide you with instructions in relation to alternative arrangements.

11. Intellectual Property and Copyright

We own the copyright in the information contained on or accessed through the Portal (‘ACT Leave Material’). You may download, display, print and copy, any ACT Leave Material in unaltered form only, for non-commercial purposes.

Except as permitted above, or by the Copyright Act 1968 (Cth), you do not acquire any intellectual property rights in the ACT Leave Material and you must not reproduce, adapt, publish, communicate or commercialise any ACT Leave Material without our permission.

12. Governing Law

These Terms are governed by and will be interpreted in accordance with the laws of the Australian Capital Territory, Australia.

13. Entire Agreement

These Terms constitute the entire agreement between you and us in relation to your use of the Portal, and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.

14. Waiver

A waiver of these Terms will only be effective and binding where waived in writing by ACT Leave.

15. Definitions

Unless the context otherwise requires:

“Act” means the Long Service Leave (Portable Schemes) Act 2009 (ACT).

“ACT Leave” means the ACT Long Service Leave Authority, a statutory authority established by section 79A of the Act.

“Contribution” means the levy contribution to be paid by an Employer or Self-Employed Worker pursuant to the Act.

“Database” means the database held by ACT Leave in relation to the management and operation of its functions under the Act.

“Employer” means a person who is registered, has been registered, is required to register, or wishes to apply for registration as an employer under the Act.

“Intended Purposes” means access to the Services provided by ACT Leave through the Portal.

“Nominated Contact” means a person nominated by an Employer to act on behalf of the Employer for the Intended Purposes.

“Portal” means the online system operated by ACT Leave for the Intended Purposes and includes all services, software and data provided or accessed by way of the Portal.

“Primary Contact” means the person nominated by an Employer to administer the Portal account on its behalf and use the Portal for the Intended Purposes.

“Quarterly Return” or “Return” means the return to be lodged by an Employer or Self-Employed Worker pursuant to the Act.

“Self-Employed Worker” means a Worker who makes voluntary Contributions under the Act.

“Service” means any transaction or interaction between the User and ACT Leave that is facilitated via the Portal, including but not limited to:

• Application for registration as either an Employer or a Worker
• Management of online profile details
• Management of Worker and Employer registration details
• Lodgement of long service leave claims
• Lodgement and payment of Quarterly Returns
• Application for reimbursements and refunds.

“Terms” means these terms and conditions in relation to the use of the Portal.

“User” means a person that accesses the Portal, as a Worker, Self-Employed Worker or Employer, for the Intended Purposes.

“we"” or “us" means the ACT Long Service Leave Authority (ACT Leave).

“Worker” means an individual who is registered, has been registered, is required to register, or wishes to apply for registration as a worker under the Act.

“you” means the User who has been registered for access to the Portal and “your” has a corresponding meaning.