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New portable long service regulations for 2020

New Long Service Benefits Portability Regulations came into effect on 1 October 2020.

The new Long Service Benefits Portability Regulations 2020 replace the Interim Regulations introduced in 2019, and provide clarity about:

  • what is community services work
  • who is an employer for community services
  • who are workers for the community services and security industries

What is community service work?

The Regulations 2020 clarify that all home care work in a private residence is regarded as community services work, regardless of the age of the client.

They also include services that support, supervise or manage the provision of community services work.

What does this mean?

Any organisations providing in home care are required to be registered from 1 July 2019 (or the date they began providing the service).

  • For the period 1 July 2019 to 1 October 2020, these employers must complete reporting obligations for any workers meeting the worker predominance test set out in the Interim Regulations 2019.
  • From 1 October 2020, they must complete reporting obligations for any workers meeting the worker criteria in the Regulations.
  • From 1 October 2020, community services employers are required to include workers performing services that support, supervise or manage the provision of community services.

However, some employers may have obligations to these staff from 1 July 2019 if they meet the prior worker predominance test.

Who is an employer for the community services sector?

The Regulations 2020 abolish the employer predominance test and confirm that Community Health Services and Women’s Health Centres are employers for the Scheme.

They also clarify that for-profit children’s services are excluded.

Who is a worker for the community services sector?

To increase clarity for workers and employers in the community services sector, the Regulations 2020 replace the predominance test with a modern awards test to assess worker eligibility for the Scheme.

What does this mean?

The Victorian Government has identified the following awards as the main awards applying to the community services sector based on extensive consultation with the sector and unions:

  • Social, Community, Home Care and Disability Services Industry Award 2010
  • Children's Services Award 2010
  • Educational Services (Teachers) Award 2010
  • Labour Market Assistance Industry Award 2020
  • Supported Employment Services Award 2020

Workers in the community services sector who are employed under one of the awards, or an equivalent agreement are eligible for the Scheme.

  • For the period 1 July 2019 to 30 September 2020, employers must complete reporting obligations for any workers meeting the predominance test set out in the Interim Regulations.
  • From 1 October 2020, employers must complete reporting obligations for any workers meeting the modern awards test.

Who is a worker for the security industry?

To increase clarity for workers and employers in the security sector, the Regulations introduce a predominance test to assess worker eligibility for the Scheme.

What does this mean?

From 1 October 2020, workers in the security sector will be eligible for the Scheme only if the predominant activity of their substantive role is security work.

More information

If you have any questions about the Regulations 2020 and how they will impact on your reporting requirements, contact our Customer Service and Education team:

Information sessions

The Authority is running general information sessions on the Regulations 2020. 

Reviewed 04 June 2021

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