Appeal a Long Service Corporation decision

Decisions you can appeal

We notify you in writing about any enforcement decisions.

You can appeal to the independent Long Service Corporation committees if you disagree with our decision. Use the appeal form we include with our notification.

Appealable decisions may relate to the administration of the scheme by:

• a registered worker
• an employer
• a person attempting to register as a worker, or
• a levy payer in respect of levy payments.

Building and construction industry worker appeals

Workers can appeal to the independent Building and Construction Industry Long Service Payments Committee against a decision by Long Service Corporation (LSC) to:

• refuse an application for registration as a worker
• cancel a worker's registration
• refuse to credit service to a worker.

Appeals cannot be lodged relating to:

• service before 1 July 1986, or
• before the worker's registration date.

The Building and Construction Industry Long Service Payments Committee has the authority to confirm or overrule certain decisions made by LSC.

The Minister appoints committee members that includes employer and union representatives from the building and construction industry in NSW.

When making an appeal, the Committee will review information used by LSC when making the original decision along with any information provided in an appeal. An appeal must:

• address LSC’s reasons for its decision and demonstrate where the decision was incorrect, or
• where information used was interpreted incorrectly.

Community services industry worker appeals

Decisions you can appeal include:

• LSC’s refusal to register a worker
• cancellation of a worker registration
• use of a deemed maximum rate of pay to calculate a worker's long service leave payment.

Committee members include employer and union representatives from the community services industry in NSW.

When making a appeal, the Committee will review information used by LSC when making the original decision along with any information provided in an appeal. An appeal must:

• address LSC’s reasons for its decision and demonstrate where the decision was incorrect, or
• where information used was interpreted incorrectly.

Contract cleaning industry worker appeals

Some decisions made by LSC affecting employers can be appealed to the independent Contract Cleaning Industry Long Service Leave Committee.

You can appeal:

• refusal of an application to register as an employer
• cancellation of employer registration
• refusal of an application to register a worker
• refusal to grant an exemption from lodging a return
• refusal to waive or reduce interest on unpaid levies
• refusal to grant an extension of time to pay a levy
• levy assessments.

Committee members include employer and union representatives from the contract cleaning industry in NSW.

When making an appeal, the Committee will review information used by LSC when making the original decision along with any information provided in an appeal. An appeal must:

• address LSC’s reasons for its decision and demonstrate where the decision was incorrect, or
• where information used was interpreted incorrectly.

What you cannot appeal

Decisions you cannot appeal include:

• warnings
• penalty infringement notices (PINs)
• prosecutions
• internal debt collection
• external debt collection.

How to appeal a decision

Use the appeal form sent to you with our decision letter.

Your appeal:

• must explain why the original decision should be overturned, for example, where the decision was based on incorrect or misinterpreted information
• should include supporting documents – for example, work diaries, a letter from an employer with work details and dates, position descriptions, references, statutory declarations or invoices
• must be lodged within 42 days of the date you’re notified of a decision (in exceptional circumstances, the Committee Chairperson may accept an appeal within 6 months).

We will send you the outcome of your appeal in writing.

Contact us for more information.