Compliance
The Long Service Corporation (LSC) is a statutory authority that administers the Building and Construction Industry Long Service Payments Act 1986 and the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010, to provide portable long service payments to building and construction and contract cleaning workers in NSW.
We safeguard worker and employer rights, provide education on compliance, investigate potential breaches, and carry out necessary enforcement. These can take the form of negotiating practical solutions, to issuing penalty notices and criminal prosecutions.
LSC has a range of options available to assist in achieving compliance with the legislations.
Risk-based compliance
Our compliance team use a risk-based approach when conducting compliance activities. The Compliance and Enforcement Policy supports this approach and clearly details how compliance activities are managed. A framework has been developed to ensure a consistent approach is applied to all compliance actions.
The policy provides information about how our work is conducted, and guides the work of our Investigators.
Investigations
Our compliance team undertakes investigations into alleged breaches of legislation including:
- Refusal to register in the scheme
- Worker and employer ineligibility
- Fraudulent worker and employer claims
- Failure to lodge employer returns
- Failure to pay levies
- Levies paid on incorrect cost of works.
During an investigation of an alleged breach, evidence is gathered to establish: whether an offence has occurred; the severity of the offence; and the identity of those who may be responsible.
Investigators have several investigative powers including:
- Ascertain work undertaken by employer and worker
- Inspect business records and employer records
- Require production of records
- Take possession of records
- Examine records
- Carry out surveillance activities
- Require records to be translated into the English language.
Inspections
Our compliance team undertakes proactive and reactive inspections at the employers place of business, and local Councils. Inspections take place because of referral and proactive compliance programs. Educational, and intelligence-led inspections are also undertaken.
An Investigator will generally conduct an inspection with prior notice, however, unannounced inspections may also occur.
During an inspection, an Investigator may request to review the organisation’s books and records, and ask questions of employers and/or workers.
Investigators have several inspection powers including:
- Enter premises to ascertain whether workers are employed there
- Enter premises to verify the cost of erecting a building
- Inspect business records and employer records
- Require production of records
- Examine records
- Take possession of records
- Seize records and items
- Require records to be translated into the English language.
Compliance programs
We undertake proactive compliance programs in response to intelligence, previous non-compliance, and industry trends.
The compliance programs support the scheme and participants, while targeting areas of non-compliance via desktop and/or site inspections.
