Long Service Benefits Portability Act 2018 (review)

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.

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.

Cases we can hear

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.

Portable Long Service Benefits Authority decisions

You can apply to VCAT if your interests are affected by a decision 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. To apply for this review, you must be an employer or contract worker for an industry covered in this legislation.

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 from the time:

• the decision was made, or
• if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay. 

It may not be possible to put the decision on hold if there would be no practical effect in doing so.

VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

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 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 want 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.