64   Pro rata payments instead of leave

(1)  If a registered worker is entitled to payment instead of long service leave under section 63, the worker may apply to the Corporation for the payment.

(2)  If a registered worker has died and, immediately before the death, the registered worker had 5 years of recognised service, the registered worker’s personal representative may apply to the Corporation for payment of the entitlement.

(3)  An application under this section must be in the approved form.

(4)  In this section, personal representative, in relation to a payment in respect of a person who has died, means:

(a)  in the case of a person who died wholly or partially intestate—any person who appears to the Corporation to be entitled to obtain a grant of letters of administration of the estate of the person, and

(b)  in the case of a person who died testate—any person who appears to the Corporation to be entitled to receive the relevant payment under the will of the person.