Scheme eligibility examples for community services employers
Employers can find scenarios and examples explaining eligibility under the community services industry portable long service leave scheme.
1. Out of scope
Example organisation: Allied health private practice
BrightSteps Allied Health is a privately owned business operating across Western Sydney. The business employs physiotherapists, occupational therapists, speech pathologists, and administrative staff.
BrightSteps delivers services primarily to:
- National Disability Insurance Scheme (NDIS) participants
- private clients
- Medicare-referred clients.
All staff are directly employed, and the business has been established as an Allied Health service rather than a community service.
Although BrightSteps provides services to people with disability, the predominant purpose of the business activity is allied health clinical service delivery.
The business does not provide community services as defined under the scheme.
- The business is not required to register.
- Workers do not accrue portable long service leave under the scheme.
Long Service Corporation would look for:
- business registration and trading name
- description of services on the organisation’s website and marketing material
- funding sources (for example, Medicare, private billing, NDIS allied health line items)
- position descriptions showing clinical allied health roles
- absence of community service delivery functions (for example, support work, care coordination)
- accreditation certificates that provide clarity regarding the nature and scope of the service.
No specific reference required.
If workers are eligible for long service leave, it will continue to accrue under the Long Service Leave Act 1955 in the usual way.
2. In scope
Example organisation: Disability support provider with allied health on payroll
CommunityAbility Supports Ltd is a registered disability support provider. Its primary services include:
- daily living supports
- community access
- supported independent living.
The organisation employs:
- disability support workers
- team leaders
- an in-house occupational therapist and speech pathologist.
All workers are directly employed and paid through payroll.
The predominant purpose of the organisation is disability support services, which are in scope.
Allied health professionals are employed to support delivery of those services.
- The business must register.
- All workers, including allied health professionals, are covered.
- The levy applies to all eligible wages.
Long Service Corporation would look for:
- organisational purpose and constitution
- funding and service agreements
- workforce composition showing majority disability support roles
- employment contracts confirming allied health staff are workers
- position descriptions showing allied health roles support service delivery.
Mentioned where relevant.
Any long service leave accrued by workers before the portable scheme commencement, or during periods of employment outside the scheme, remains covered under the Long Service Leave Act 1955.
3. Employer coverage boundary
Example: Visiting Medical Officer (VMO) vs workers
Hopewell Community Mental Health Service delivers community-based psychosocial support and counselling services.
The organisation engages:
- a psychiatrist as a Visiting Medical Officer (VMO) under a services contract
- mental health clinicians, peer workers, and administrative staff as workers.
The VMO operates under their own ABN, invoices monthly, sets their own hours, and works across multiple organisations.
Hopewell’s predominant purpose is community mental health support, so it is an in-scope employer and must register for its workers.
The VMO is not covered by the organisation because they are a contractor.
The organisation:
- does not pay levy for the VMO
- does not report the VMO’s earnings
- has no portable long service leave liability for the VMO.
As a contractor, the VMO may choose to opt in independently, but this occurs outside the employer relationship.
- Employer registration is required.
- Workers are covered.
- The VMO is not covered by the employer.
Long Service Corporation would look for:
- a services contract with the VMO
- an ABN and invoicing arrangements
- evidence of autonomy (hours, clients, multiple engagements)
- payroll records confirming no wages paid to the VMO
- contractor vs worker classification records.
Important to mention here.
If the VMO has ever been engaged as a worker, any long service leave accrued during that period remains covered under the Long Service Leave Act 1955.
4. Partial coverage
Example organisation: Aged care provider with in-home care program
SilverYears Ltd primarily delivers residential aged care services (out of scope).
It also operates a small in-home community care program employing 12 workers, delivering services aligned with community care activities.
Only workers engaged in the in-home care program are connected to an in-scope community service.
- The residential aged care workforce is not covered.
- In-home community care workers are covered.
- The levy applies only to in-scope wages.
Long Service Corporation would look for:
- organisational structure and service streams
- cost centres or funding separation
- client service models distinguishing residential vs in-home care
- position descriptions for in-home care workers
- payroll mapping to in-scope activities.
Residential aged care workers continue to accrue long service leave under the Long Service Leave Act 1955.