Submissions now closed

Thank you to everyone who made a submission. They are now being considered and the Minister will advise of his decision in due course.

Review of the Long Service Benefits Portability Interim Regulations

Victoria’s portable long service benefits scheme has been operating effectively since July 2019.

The Long Service Benefits Portability Act is supported by Interim Regulations. These Interim Regulations expire on 6 November 2020.

The Victorian Government is making new permanent Regulations. This includes a review of the Interim Regulations to ensure that they give enough clarity to employers and workers about the coverage and operational aspects of the portable long service benefits scheme.

In May 2020, draft Regulations were made available for public consultation. The draft Regulations outline the Government’s preliminary position. Government sought stakeholder and community views on that position.

As part of the review, a Regulatory Impact Statement (RIS) was prepared. The RIS assesses the impact of the proposed Regulations, including economic, environmental and social impacts. The RIS was also made available for public comment.

The public consultation on the Regulations closed on 27 June 2020. All submissions received will be considered by the Government before the final Regulations are made.

All submissions (other than those that were marked confidential) are available to view and download below. They will also be provided to the Scrutiny of Acts and Regulations Committee of the Victorian Parliament.

The draft Regulations, the RIS and a summary of the proposed changes to the Regulations can still be viewed and downloaded in the library of consultation documents below.

Please note that the Interim Regulations will remain in place until the permanent Regulations are made. If you have not registered for the scheme you must do so immediately.

Penalties apply for failing to register as an employer, failing to register your employees, failing to provide a quarterly return, and failing to pay the levy. If you are unsure whether the scheme applies to you, or your employees, contact the Portable Long Service Authority on 1800 517 158 or visit their website.

If you are an eligible employer in the community services sector, security sector, or contract cleaning sector and have not registered for the scheme, and you should have, you may be required to pay the levy retrospectively.

NDIS and early childhood sectors

While the Regulations operate on and from 1 July 2019, the Regulations to bring certain children’s services and NDIS disability services within the scope of the scheme came into operation on 1 January 2020.

These businesses had until 31 March 2020 to apply for registration in the scheme.

What are the Long Service Benefits Portability Regulations?

The Long Service Benefits Portability Regulations 2019 were approved by the Governor in Council on 25 June 2019. The Regulations support the Long Service Benefits Portability Act 2018, which came into operation on 1 July 2019, and should be read in conjunction with that Act.

The Regulations and the Act can be found in the library of consultation documents below.

Previous consultations

Before the Long Service Benefits Portability Regulations came into force on 1 July 2019, the Victorian Government carried out an extensive consultation process.

Exposure Draft Regulations were published on 3 May 2019.

The exposure draft Regulations focussed on two key issues:

  • the coverage of the scheme with respect to the community services sector
  • addressing the potential for ‘double-dipping’ in that sector

In addition, there were some minor matters addressed relating to the provision of information by employers, and the sharing of information by the Authority with other bodies.

The exposure draft Regulations were accompanied by a Regulatory Impact Statement (RIS) prepared by KPMG. The RIS examined economic and social impacts, costs and benefits of the proposed regulations.

Interested stakeholders were invited to provide detailed feedback on any and all aspects of the exposure draft Regulations. Submissions received can be viewed below.

A response to the submissions received as part of the consultation can be found in the library of consultation documents below.

The Interim Regulations

In November 2019, the Regulations needed to be revoked and re-made to address an administrative error.

The re-made Regulations are in the same form as the previous Regulations and are called the Long Service Benefits Portability Interim Regulations 2019. They commenced operation on 20 November 2019.

They will operate until the Permanent Regulations replace them. Otherwise they expire on 6 November 2020.

The Department of Premier and Cabinet would like to thank everyone who made submissions on the original regulations and Interim Regulations. Their comments were carefully considered.

The submissions above were reviewed before publication and in some cases were partially redacted to:

  • remove personally identifying details
  • comply with the Privacy and Data Protection Act 2014 (Vic)
  • remove potentially defamatory material.

It is possible that not all comments received were published. Some submitters might have requested that their submission, or parts of their submission, be treated as confidential.