Unsure who will be covered by portable leave?
Generally speaking, if your full time, part time or casual employee spends at least half of their time performing duties that are covered under the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS) or the Aboriginal Legal Rights Movement Award 2016 (ALRM) and are 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 will not need to be receiving pay or conditions in accordance with one of the prescribed Awards, they are only required to be performing duties that align with a classification listed in the Awards.
The Award classifications are:
- Social and community services employee (levels 1 - 8) - SCHADS Award
- Crisis accommodation employee (levels 1 - 4) - SCHADS Award
- Family day care employee (levels 1 - 5) - SCHADS Award
- Home care employee (levels 1 - 5) - SCHADS Award
- Administrative Officer (levels 1 - 8) - ALRM Award
- Field Officer (levels 1 - 3) - ALRM Award
- Legal Officer (levels 1 - 5) - ALRM Award
- Executive Officer (level 1) - ALRM Award
Community Services
An employee performing one or more of the services listed in Schedule 2 is working in the Community Services sector for the purposes of the Act. An employer may choose to register an employee voluntarily if they are performing duties that support the provision of community services, but not actually providing the services directly.
The services listed in Schedule 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;
Excluded Employees
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.
Still not sure?
If you are still unsure, please contact us to discuss your circumstances in detail.