Compliance action
When we receive information about a suspected breach, we conduct a review of available information. This review may provide enough information to establish whether a breach has occurred or is likely to have occurred. In some cases, additional information may be requested or an inspection scheduled.
Investigators use their formal investigative powers to gather evidence relevant to the investigation, request information or conduct formal interviews.
Where a breach is identified, we consider the relevant information and decide on any enforcement action consistent with the compliance policy.
Our approach
Our approach to compliance is summarised in the pyramid.
Education
Investigators use education to ensure workers and employers understand and meet their obligations. It is the preferred action for resolving a single instance, minor or technical matter.
Education is the least formal and most common way to raise awareness and ensure future compliance.
Warnings
A warning is a formal notice advising an issue has been identified and an action needs to cease. It may also provide steps to rectify the situation.
A warning may be issued when:
- a levy has not been paid or has been discovered to be underpaid
- service has been incorrectly recorded.
Registration rejection, suspension or cancellation
When administrative breaches occur we can take administrative action including:
- removal of service
- amendment to service
- cancellation of a registration (if deemed ineligible to register in the scheme).
These actions are separate to any criminal breach actions such as: warnings, penalty infringement notices or prosecution.
Penalty Infringement Notices (PINs)
A Penalty Infringement Notice (PIN) is a type of on-the-spot fine applying to minor or easier to prove offences. PINs are an alternative to time consuming and costly court proceedings.
We can issue a PIN when there is a breach of legislation. PINs are used when a warning is not sufficient or there are repeated breaches.
The Building and Construction Industry Long Service Payments Regulation 2022 and Contract Cleaning Industry (Portable Long Service Leave Scheme) Regulation 2022 list offences PINs can be issued for. They also include penalties for each offence.
Review of a Penalty Infringement Notice
The legislation allows customers who are dissatisfied with a decision in receiving a PIN to request an internal review.
An internal review allows the affected person or legal entity to request a review from a team independent to Long Service Corporation.
The review will not re-investigate the original decision but evaluates all relevant material submitted or obtained with genuine and realistic consideration to the application.
Debt collection
Debt collection activity may occur when an investigation discovers that a levy has not been paid in full or there was an over-payment made from the scheme. This debt may include penalties and interest.
We may engage an external agency for debt collection purposes.
Prosecution
Where there is a serious breach of legislation, we may commence prosecution proceedings against an alleged offender. The outcome of a prosecution may include a criminal conviction, imposition of penalties or fines.
Prosecutions can be taken against a person or legal entity under legislation administered by administered by the Long Service Corporation or the Crimes Act 1900.
