{"id":"nsw:sl-2025-0172","name":"Community Services Sector (Portable Long Service Leave) (Levy Determinations) Order 2025","slug":"community-services-sector-portable-long-service-leave-levy-determinations-order-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"172 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173704,"registerId":"nsw-sl-2025-0172-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of order","content":"#### 1 Name of order\n\n1 Name of order\n\n> This order is the [Community Services Sector (Portable Long Service Leave) (Levy Determinations) Order 2025](/view/html/inforce/current/sl-2025-0172).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This order commences on the commencement of the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this order—\n> \n> the Act means the [Community Services Sector (Portable Long Service Leave) Act 2024](/view/html/inforce/current/act-2024-039).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this order.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Determination of levy—employers","content":"#### 4 Determination of levy—employers\n\n4 Determination of levy—employers\n\n> For the Act, section 41(1), the percentage of a worker’s ordinary remuneration is determined to be 1.7%.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Determination of levy—contractors","content":"#### 5 Determination of levy—contractors\n\n5 Determination of levy—contractors\n\n> For the Act, section 41(2), the percentage of a contractor’s ordinary remuneration is determined to be 1.7%.","sortOrder":4}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, this Order appears to serve its stated purpose — determining levy rates under an existing portable long service leave scheme for the community services sector. There is no indication of scope creep or unintended expansion beyond the original intent of setting contribution rates. However, the full text was unavailable for a complete assessment."},"complexity_factors":["Operates within a broader legislative framework (the Community Services Sector Portable Long Service Leave Act or equivalent) that must be understood to fully interpret the Order","Sector-specific definitions matter — determining which employers and workers fall within 'community services' can involve boundary questions","Levy calculations typically involve percentages of ordinary pay, potentially with different rates for different worker categories or employer sizes","Interaction with other portable leave schemes (e.g. for contract cleaners or security industry) may create confusion about which scheme applies","Full text of the Order was not provided, so actual rate structures and any tiered or conditional provisions could not be assessed — actual complexity may be higher or lower"],"plain_english_summary":"This Order sets the levy rates employers must pay into the NSW portable long service leave fund for community services workers, so entitlements travel with employees across organisations. It affects community services employers (who must apply and remit the levy) and workers (whose long service leave is funded and protected). The summary here is based on the Order’s title and context—the actual levy rates and category details were not included in the provided document."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"medium","reasoning":"If the file was last modified on 1 July 2025, there should logically be a second point-in-time version entry post-dating 11 April 2025. The timeline showing only one version while the file metadata records a later modification date is internally inconsistent and suggests either the timeline is incomplete or the modification date is erroneous.","confidence":0.72,"description":"The document states it was 'accessed 5 April 2026 at 11:22' yet the only 'In force version' is dated 11 April 2025 and described as 'Current from 11/04/2025'. The file is also stated to have been 'last modified 1 July 2025', yet no version reflecting that modification appears in the point-in-time timeline, which shows only one entry."},{"type":"other","section":"Document title / Header","severity":"low","reasoning":"While likely a rendering or formatting artefact rather than a substantive legislative flaw, a statutory instrument whose formal title is self-duplicating and internally garbled raises a question about whether the instrument as published corresponds precisely to the instrument as made, which is material to the certification under s 45C of the Interpretation Act 1987.","confidence":0.65,"description":"The document title appears to be truncated and duplicated as 'Community Services Sector (Por Community Services Sector (Portable Long Service Leave) (Levy Determinations) Order 2025', with 'Por' being an apparent incomplete fragment of 'Portable' fused into the title, suggesting the instrument cannot reliably identify itself."},{"type":"impossible_compliance","section":"Substantive provisions","severity":"high","reasoning":"An instrument titled 'Levy Determinations Order' that contains no levy determinations cannot fulfil its stated statutory purpose. Employers and the administering authority would have no operative content to comply with or administer, making the instrument a nullity in practical effect. Whether this is a publication failure or a drafting failure, the result is the same: the instrument is incapable of achieving its purpose.","confidence":0.85,"description":"The Order is described as a 'Levy Determinations Order' — a legislative instrument that must, by its nature, set out specific levy rates, classes of employers, or determination methodologies — yet the full text provided contains no substantive provisions whatsoever. The entire body of the document as supplied consists solely of website navigation, metadata, and status information."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — access date (5 April 2026)","section_b":"File last modified — 1 July 2025","confidence":0.7,"description":"The document was accessed on 5 April 2026 and has been modified as recently as 1 July 2025, yet the point-in-time timeline lists only a single version dated 11 April 2025 with no subsequent version reflecting the 1 July 2025 modification. This contradicts the representation that the timeline captures all versions."},{"severity":"high","section_a":"Authorisation clause — certified correct under s 45C Interpretation Act 1987","section_b":"Substantive provisions — absent","confidence":0.78,"description":"The document certifies itself as 'the form of that legislation that is correct' under s 45C of the Interpretation Act 1987, yet the document as provided contains no substantive legislative content to certify. A certification of correctness presupposes there is content that can be assessed for correctness; certifying a document that has no operative provisions is a logical contradiction."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward levy-setting instrument that performs exactly the function intended by the parent Act. It has not expanded beyond its original purpose of determining the specific percentage rates for employer and contractor contributions."},"complexity_factors":["Extremely short: only 5 operative sections","Only 1 defined term ('the Act')","No cross-references beyond the enabling Act","No conditional logic, exceptions, or nested provisions","Straightforward percentage determinations with no variables or calculations","Single purpose instrument with minimal interpretive provisions"],"plain_english_summary":"This is a short, technical order that sets the contribution rates for a new portable long service leave scheme for community services workers in Australia (likely New South Wales based on the Interpretation Act reference).\n\n**What it does:**\n- Sets the **levy rate at 1.7%** of ordinary pay that employers must contribute for their employees\n- Sets the same **1.7% rate** for contractors (self-employed workers) who opt into the scheme\n\n**Who it affects:**\n- **Employers** in the community services sector (disability support, aged care, social work, etc.) who must pay 1.7% of each worker's wages into the portable long service leave fund\n- **Contractors** working in the sector who choose to participate—they also pay 1.7% of their earnings\n- **Workers** who benefit from the scheme, as they can accumulate long service leave entitlements even when changing employers within the sector\n\n**Why it matters:**\nPortable long service leave is a big deal in industries with high job mobility. Normally, you only get long service leave after 7-10 years with *one* employer. In community services—where workers frequently move between organisations—many never qualified. This scheme lets workers keep their entitlements as they move between employers. This order simply sets the price tag: 1.7% of wages goes into the fund to pay for those future leave entitlements."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order does not expand or narrow who the Act covers; it only determines the levy percentage (1.7%) for employers and contractors and ties commencement to the Act (ss 2, 4–5). Operational details, enforcement and interpretive matters remain with the Act (s 3)."},"complexity_factors":["Single, fixed numeric rate (1.7%) set for employers (s 4)","Identical fixed rate for contractors (s 5)","Commencement contingent on the Act commencing, not immediate (s 2)","Order relies on the Act and the Interpretation Act for definitions and administrative mechanics (s 3)","No bespoke calculation rules, exemptions or staged rates in this instrument (ss 4–5)","Low administrative discretion in this instrument because it prescribes a precise percentage"],"plain_english_summary":"This Order fixes the portable long service leave levy at 1.7% of ordinary remuneration for both employers and contractors under the Community Services Sector (Portable Long Service Leave) Act 2024 (ss 4–5). It commences when that Act commences (s 2). Employers and contractors therefore incur an added payroll/contract cost equal to 1.7% of ordinary pay; collection, enforcement and statutory definitions are governed by the Act (s 3)."}},"importantCases":[],"_links":{"self":"/api/acts/community-services-sector-portable-long-service-leave-levy-determinations-order-2025","history":"/api/acts/community-services-sector-portable-long-service-leave-levy-determinations-order-2025/history","analysis":"/api/acts/community-services-sector-portable-long-service-leave-levy-determinations-order-2025/analysis","conflicts":"/api/acts/community-services-sector-portable-long-service-leave-levy-determinations-order-2025/conflicts","importantCases":"/api/acts/community-services-sector-portable-long-service-leave-levy-determinations-order-2025/important-cases","documents":"/api/acts/community-services-sector-portable-long-service-leave-levy-determinations-order-2025/documents"}}