Special Announcement and Portable Long Service Leave Commences in the Community and Disability Services Sector from 1 October 2025

Frances Walsh – Promotion to Special Counsel

EMA Legal is pleased to announce and congratulate Frances Walsh who has been appointed Special Counsel, effective 1 July 2025.   Frances’ promotion reflects her exceptional lawyering skills, and outstanding technical knowledge in the increasingly complex area of industrial and employment law.

Her promotion recognises her talent, achievements, her unwavering commitment to our clients, and her wonderful contribution in so many ways to our firm.

Portable Long Service Leave Commences in the Community and Disability Services Sector

In September 2024, the South Australian Parliament passed the Portable Long Service Leave Act 2024 (SA) (the Act).[1] The Act establishes a Portable long Service Leave (PLSL) scheme (the Scheme) that allows employees to carry over long service leave entitlements accrued from one employer to another employer in the same sector. The Act will apply to employers in the ‘community services sector’, defined in the Act as the ‘area of work within the community that involves the provision of community services’. However, this Scheme may also be expanded to other sectors in future.

The Act will apply to employers who provide services as outlined here.

Employers are only required to register ‘designated employees’ with the Scheme. This applies to full time, part time and casual employees who perform duties within the following classifications in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS) or the Aboriginal Legal Rights Movement Award 2016 (ALRM):

SCHADS Award:

• Social and Community Services Employee (levels 1 – 8)
• Crisis Accommodation Employee (levels 1 – 4)
• Family Day Care Employee (levels 1 – 5)
• Home Care Employee – Disability Care (levels 1 – 5)
• Home Care Employee – Aged Care (levels 1 – 6)

ALRM Award:

• Administrative Officer (levels 1 – 8)
• Field Officer (levels 1 – 3)
• Legal Officer (levels 1 – 5)
• Executive Officer (level 1)

How the Scheme will work

Under the Scheme, employers will no longer be responsible for provisioning long service leave entitlements to designated employees themselves. Instead, a 2.2% levy will be payable based on each designated employee’s remuneration, which will then be used to discharge an employee’s long service leave entitlements at the time they are payable. Employers will remain responsible for any liability regarding an employee’s long service leave accrual for the period of employment prior to registration under the Scheme.

SafeWork SA have released a draft of the Portable Long Service Leave Regulations 2025 (SA) (the Regulations) that defines ‘remuneration’ as including, but not limited to; penalty rates, leave entitlements and casual loadings. But not overtime, annual leave loading and superannuation contributions.[2]

What this means for employers

If you are an employer in the community and disability services sector, who employs one or more designated workers, you will be required to apply for registration with the Scheme from 1 October 2025. Employers must complete the Employer Registration Application form within 28 days of this commencement date, unless approval for delayed registration has been obtained from the Community Services Long Service Leave Board (the Board). After an employer has registered with the Scheme, they will need to register each eligible worker into the online portal by 31 December 2025. Employers will then be required to lodge their quarterly return and pay any applicable levies for the 1 October to 31 December quarter by 21 January 2026.

EMA Legal is available to assist employers with any questions that may arise from the Scheme and its implementation.

[1] Portable Long Service Leave Act 2024 (SA)

[2] Draft Portable Long Service Leave Regulations 2025 (SA) reg 13(a), (b)