Unsure who will be covered by Portable Long Service Leave?
Eligibility is separated into two streams:
- Workers who are Providing Community Services, and
- Workers who are Supporting the Provision of Community Services.
Providing Community Services
Generally speaking, if your full time, part time or casual employee is covered by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS) or the Aboriginal Legal Rights Movement Award 2016 (ALRM) and is working in the community services sector (as defined in Schedule 2 of the Portable Long Service Leave Act 2024 (the Act)), they will be entitled to Portable Long Service Leave.
Awards
A worker does not need to be paid in accordance with one of the prescribed Awards, they are only required to be covered by a classification listed in the Awards.
The Award classifications are:
Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS) Award
- Social and Community Services Employee (levels 1 - 8)
- Crisis Accommodation Employee (levels 1 - 4)
- Family Day Care Employee (levels 1 - 5)
- Home Care Employee - Disability Care (levels 1 - 5)
- Home Care Employee - Aged Care (levels 1 - 6)
Aboriginal Legal Rights Movement Award 2016 (ALRM) Award
- Administrative Officer (levels 1 - 8)
- Field Officer (levels 1 - 3)
- Legal Officer (levels 1 - 5)
- Executive Officer (level 1)
Community Services
In addition to being covered by one of the applicable Awards (as above), an employee who is "Providing Community Services" needs to be performing one or more of the services listed in Schedule 2, Clause 2.
The services listed in Schedule 2, Clause 2 are:
(a) Aboriginal and Torres Strait Islander community services;
(b) accommodation support services;
(c) advocacy services;
(d) alcohol and other drug services;
(e) child safety and support services;
(f) community development services;
(g) community education services;
(h) community legal services;
(i) counselling services;
(j) disability emergency response services;
(k) disability support services;
(l) employment services;
(m) family and domestic violence services;
(n) family day care services;
(o) financial counselling services;
(p) foster care and out-of-home care services;
(q) home and community care services;
(r) homelessness support services;
(s) lesbian, gay, bisexual, transgender and intersex services;
(t) mental health services;
(u) migrant and multicultural services;
(v) offenders transitioning services;
(w) respite services;
(x) seniors community support services;
(y) sexual assault and sexual violence services;
(z) social housing services;
(za) violence prevention services;
(zb) women's services;
(zc) youth justice services;
(zd) youth support services;
Supporting the Provision of Community Services
If your employee is not providing community services but performs a role that supports the provision of community services for at least half of their time, they are also eligible for Portable Long Service Leave. That could include (but is not limited to) employees performing admin, HR, payroll or management roles. Eligible workers who are supporting the provision of community services could be covered under any Award or agreement.
Employees who are supporting the provision of community services for less than half of their time can also be registered by their employer but are not required to be.
Excluded Employers
The Act will not apply in relation to employment by:
- a public sector agency
- a council
- a prescribed employer, or an employer of a prescribed class
Self-Employed Contractors and Working Directors
A person who is self-employed or the director of a company who is performing work in the community services sector may not be registered as an employee and may only apply to register under the provisions in Section 57. Please see the information for Self-Employed Contractor and Working Director registration for further details.
Eligibility at a glance
You can also use the Eligibility at a glance information sheet to quickly check whether a worker needs to be registered under the Portable Long Service Leave scheme. This two-page PDF summarises who must be registered, including workers providing community services or supporting those services, and lists the relevant awards and types of work covered.
Still not sure?
If you are still unsure, please contact us to discuss your circumstances in detail.