Does Tasbuild have the legal right to take account holders funds if no contributions have been made for more then 4 years?

Tobias Fahey made this Right to Information request to TasBuild Limited

The request was successful.

From: Tobias Fahey


Dear TasBuild Limited,

Does Tasbuild have the legal right to take account holders funds if no contributions have been made for more then 4 years?

I request outlined information in the TasBuild and the Construction Industry Long Service Leave Act 1997 or the amendment bill of 2013 where TasBuild has legal authority to take funds or accrued long service leave time and wipe the persons account back to 0 if no contribution has been made for 4 years or more.
I would like information where this has been presented to parliament and approved.

Yours faithfully,

Tobias Fahey

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From: secretary
TasBuild Limited

Dear Tobias

Your email regarding the above matter has been forwarded to me for response.

The matter subject to your query is contained within the Construction Industry (Long Service) Act 1997. Specifically Section 22 of the Act applies, which in part provides that where a person has been absent from the construction industry for a period of 4 years they will cease to be registered.

It should be noted that “absent from the construction industry for a period of 4 years” refers to a period for which non contributions have been paid.

The operation of the legislation effectively provides for the cessation of the persons registration, which has a consequential impact on the persons accrued service. It should be noted that no funds are taken from the person, as a person will only be entitled to funds when they accrue an entitlement.

TasBuild do not take the funds, they remain in the total pool of funds, contributed by employers within the industry to meet the industry’s long service liability to the workers.

The parliamentary approval process details are readily available on the Government’s internet web page.

Please contact me should you require any further information.


Chris Atkins
Chief Executive Officer
TasBuild Limited

Tel: (03) 6294 0801
[mobile number]
Fax: (03) 6294 6959

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Locutus Sum left an annotation ()

The application was treated by the agency as an informal request. They did not demand an application fee and the officer has replied with a helpful email that gives (I think) all of the information that the applicant wanted.

It is always best if the applicant himself, or herself, makes certain that the status of the request on Right to Know is correct.

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