Scheme coverage eligibility examples
Examples to help workers understand when a worker is covered by the Community Services Industry portable long service leave scheme.
The scenarios are not representative of any individual and do not consider your own circumstances. They are designed for demonstrative purposes only.
On this page
Not covered by the portable scheme
Covered by the portable scheme
Different outcomes
Some workers covered by the portable scheme
Not covered by the portable scheme
Allied Health Private Practice
What does the business do?
BrightSteps Allied Health is a private allied health clinic. It employs physiotherapists, occupational therapists, speech pathologists and admin staff. Clients include NDIS participants, Medicare patients and private clients.
Am I covered by the portable scheme?
No.
Even though you may work with people with disability, the business provides clinical allied health services only. A standalone allied health clinic’s predominant purpose is clinical allied health, not a community services under the scheme
What does this mean for me?
- You do not join the portable scheme through this job
- Your long service leave (if you’re eligible) continues under the Long Service Leave Act 1955, just like now
Covered by the portable scheme
Disability Support Organisation with Allied Health Staff
What does the business do?
Community Ability Supports provides disability support services such as daily living support, community access and supported accommodation. Alongside support workers, the organisation also employs an occupational therapist and a speech pathologist.
Am I covered by the portable scheme?
Yes-all employees are covered, including allied health staff.
The organisation’s predominant work is disability support, which is a community service. Allied health staff are employed to support that service.
What does this mean for me?
- You will accrue portable long service leave
- Your employer pays levy contributions on your wages
- Any long service leave you built up before the scheme started stays under the 1955 Act
Different outcomes
Visiting Medical Officer (VMO) vs Employees
What does the organisation do?
Hopewell Community Mental Health Service provides community-based mental health supports.
Two different working arrangements
- Mental health clinicians, peer workers and admin staff are employees
- A psychiatrist works as a Visiting Medical Officer (VMO) and invoices the organisation under their own ABN
Am I covered by the portable scheme?
- Employees are covered
- The VMO is not covered by the organisation
If you work as a contractor or VMO:
- the organisation does not pay levy for you
- you are not automatically included in the scheme
- you may choose to opt in yourself, but that’s your decision, not the employer’s.
What about my previous long service leave?
If you were ever an employee (here or elsewhere), any long service leave from that time stays covered by the Long Service Leave Act 1955.
Some workers covered by the portable scheme
Aged Care Organisation with a Small In-Home Care Team
What does the organisation do?
SilverYears Ltd mainly runs residential aged care facilities, which are not part of the scheme. The organisation also has a small in-home community care team supporting people in their own homes.
Am I covered by the portable scheme?
- Residential aged care workers – not covered
- In-home community care workers – covered
Only workers delivering community care services are included.
What does this mean for me?
- If you work in residential aged care, your long service leave continues under the 1955 Act
- If you work in the in-home care team, you will build portable long service leave
