Long Service Benefits Portability Act 2018 (review)

This Act allows workers in the community services, contract cleaning and security industries to access long service entitlements, even if they change employers within their industry.

If you are affected by a decision by the Portable Long Service Benefits Authority or Portable Long Service Benefits Governing Board, you may be able to apply to VCAT.

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

Cases we can hear

Portable Long Service Benefits Authority decisions

We can review decisions by the Portable Long Service Benefits Authority:

• to refuse to register someone on the employers register or workers register
• to move a person from the active part of the employers register or workers register to the inactive part of that register
• to refuse moving a person from the inactive part of the employers register or workers register to the active part of that register
• about the days of service a worker accrues
• to refuse paying a long service entitlement
• to refuse paying a person on behalf of an interstate authority that administers a long service benefits scheme recognised by Victoria (also known as a reciprocal authority)
• to refuse reimbursing an employer under the Long Service Benefits Portability Act 2018 (or an equivalent law the worker chose to take long service benefits under).

Portable Long Service Benefits Governing Board decisions

We can review decisions by the Portable Long Service Benefits Governing Board about the levy rate to be paid by employers and contract workers.

Who can apply?

Portable Long Service Benefits Authority decisions

You can apply to VCAT for a review if your interests are affected by a decision by the Portable Long Service Benefits Authority.

Portable Long Service Benefits Governing Board decisions

If you are an employer or contract worker for a covered industry, you can apply to VCAT for a review of a decision by the Governing Board about the levy rate you must pay.

Legislation that gives VCAT the power to hear these applications

Section 55 of the Long Service Benefits Portability Act 2018.

Documents you need to apply

If you have a document from the Portable Long Service Benefits Authority or the Governing Board outlining their decision, attach a copy of the document to your application.

Time limits

You must make your application within 28 days of being notified of the Portable Long Service Benefits Authority's decision.

You may be able to apply for an extension to this time limit.

What can VCAT order?

VCAT can:

• affirm the original decision, in which case the original decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision-maker to reconsider their decision at any time during the case.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.