Disability provider obligations under the Portable Long Service Scheme in Victoria
- Defined employers in the community services sector under the legislation and who employ workers to perform defined work are required to register with the PLSA.
- Under the new legislation, employers must report to the PLSA about their workers' service by lodging Quarterly Returns via the online portal (available in Oct).
- The PLSA will be conducting random inspections of registered Employers' books and records to check compliance with their obligations.
- In response to demand, a second NDS information session with the PLSA is being scheduled for November. Please register your interest to receive an invitation.
Information on employer obligations under the Portable Long Service Scheme (PLSS) has been released by the Victorian Portable Long Service Authority (PLSA).
Defined employers in the community services sector are required to comply with the Act and Regulation in the following ways:
1. Employer Registration
Organisations who are defined as employers in the community services sector under the legislation and who employ workers to perform defined work in Victoria, are required to register with the PLSA. If your organisation provides predominantly NDIS services, you will have until 31 March to register. If your organisation provides predominantly community services, you will need to register by 30 September. The Authority can assist with a test of predominance; call them on 1800 517 158 or visit their website to register.
2. Quarterly Reporting via the online portal
Under the new legislation, employers must report to the PLSA about their workers' service by lodging Quarterly Returns via the online portal, which will be available from October.
Quarterly Returns must be lodged:
- from 1 to 31 October (reporting on activity in July / August / September)
- from 1 January to 31 January (reporting on activity in October / November / December)
- from 1 April to 30 April (reporting on activity in January/ February/ March)
- from 1 July to 31 July (reporting on activity in April / May /June)
The quarterly Return will include information about:
- all eligible workers who have worked for the employer during that quarter
- the hours they have worked
- the ordinary pay they received during the quarter
- any long service leave they have taken under another arrangement
- details of any worker terminated during the quarter
More information is available about Ordinary Pay for the Community Services sector is available.
3. Paying the employer levy
After providers have lodged the Quarterly Return, they will receive an invoice from the Authority. This invoice must be paid via BPay/EFT within 14 days.
4. Maintaining books and records
The PLSA conducts random inspections of registered Employers' books and records to check compliance with their obligations.
Businesses need to keep the following records:
- the worker's name and date of birth
- the nature of the work performed by the worker
- the worker's ordinary pay for each quarter
- the number of hours worked by the worker in each quarter
- the date when the worker began service with the employer
- long service benefits given to the worker under this Act, another Act, a corresponding law or a fair work instrument, including - long service leave granted to, or taken by, the worker payments for, or in lieu of, long service leave made to the worker
- any other long service benefits paid or given to the worker
- if the worker stops service with the employer - the date the worker stops service
5. Keeping details up to date
Providers should keep their contact details up to date, including the primary contact registered with the Authority and any changes to phone numbers, e-mails or business addresses.
Under Section 14 of the Act, Employers are required to notify the Authority, within 14 days if there is a change to:
- The trading name
- The address of the principal place of business.
Fines and penalties for Employers
Employers who fail to comply with the legislation face prosecution by the Authority.
If an employer is taken to the Magistrate’s Court, the Court may fine an incorporated business up to 120 penalty units (depending on the offence) or $19,826.40, from 1 July 2019. An unincorporated business can be fined up to 24 penalty units or $3,965.28.
The PLSA is running a series of information sessions in metropolitan and regional Victoria, with details on their website.
NDS is hosting an information session and Q&A with the Authority on Tuesday, 1 October 2019 at the NDS Offices in Parkville, from 2:00pm - 4:30pm, which will be specifically tailored to disability services and NDIS-funded activities. This workshop is now full.
In response to demand, a second workshop is being scheduled for November. Please register your interest with Anthea Gellie by email to receive an invitation to this workshop.