{"id":"nsw:sl-2022-0484","name":"Contract Cleaning Industry (Portable Long Service Leave Scheme) Regulation 2022","slug":"contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"484 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176097,"registerId":"nsw-nsw:sl-2022-0484-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Regulation 2022](/view/html/inforce/current/sl-2022-0484).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the Contract Cleaning Industry (Portable Long Service Scheme Regulation) 2017, which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> Chairperson, for Part 3—see section 7.\n> \n> Committee Secretary, for Part 3—see section 7.\n> \n> notice of appeal, for Part 3—see section 7.\n> \n> the Act means the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122).\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 Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Corresponding laws—the Act, s 3","content":"#### 4 Corresponding laws—the Act, s 3\n\n4 Corresponding laws—the Act, s 3\n\n> For the Act, section 3(1), definition of corresponding law, the following laws are declared to be corresponding laws—\n> \n> > (a) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 of Queensland,\n> \n> > (b) the Long Service Leave (Portable Schemes) Act 2009 of the Australian Capital Territory, to the extent that Act deals with the contract cleaning industry,\n> \n> > (c) the Long Service Benefits Portability Act 2018 of Victoria, to the extent that Act deals with the contract cleaning industry.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Cancellation and suspension of worker’s registration","content":"# Part 2 Cancellation and suspension of worker’s registration\n\nPart 2 Cancellation and suspension of worker’s registration","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Non-service days—the Act, ss 28 and 29","content":"#### 5 Non-service days—the Act, ss 28 and 29\n\n5 Non-service days—the Act, ss 28 and 29\n\n> > (1) For the Act, sections 28(3) and 29(2), the following days are prescribed—\n> > \n> > > (a) a day on which a worker does not work because the worker is pregnant or has a pregnancy-related condition,\n> > \n> > > (b) a day on which a worker does not work because the worker is caring for another person, if the worker receives a carer allowance under the [Social Security Act 1991](http://www.legislation.gov.au/) of the Commonwealth in relation to the other person,\n> > \n> > > (c) a day on which a worker performs cleaning work as an employee of the Crown, a local council or county council under an arrangement that does not provide for payment of long service benefits to the worker,\n> > \n> > > (c1) a day on which a worker performs cleaning work at a place that—\n> > > \n> > > > (i) is a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970, and\n> > > \n> > > > (ii) is within the State,\n> > \n> > > (d) a day on which a worker performs cleaning work in another State or Territory if—\n> > > \n> > > > (i) a corresponding law is not in force in the State or Territory, and\n> > > \n> > > > (ii) the cleaning work would be counted as recognised service under the Act if performed in New South Wales by a registered worker,\n> > \n> > > (e) a day on which a worker does not work because the worker is suffering from personal illness or injury,\n> > \n> > > (f) a day on which a worker does not work because a member of the worker’s immediate family or household has—\n> > > \n> > > > (i) a serious illness, or\n> > > \n> > > > (ii) a serious injury, or\n> > > \n> > > > (iii) died.\n> \n> > (2) In this section—\n> > \n> > county council has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > immediate family, for a worker, has the same meaning as in the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth for a national system employee within the meaning of that Act.\n> \n> **s 5:** Am 2024 No 84, Sch 2.2.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Refund of levy following cancellation of worker’s registration—the Act, s 28","content":"#### 6 Refund of levy following cancellation of worker’s registration—the Act, s 28\n\n6 Refund of levy following cancellation of worker’s registration—the Act, s 28\n\n> > (1) For the Act, section 28(8), if the Corporation cancels a worker’s registration under the Act, section 28(1), the Corporation must refund a levy paid in relation to the worker to the employer or contractor who paid the levy.\n> \n> > (2) However, if the Corporation is satisfied the employer or contractor has not paid the whole or part of another levy payable by the employer or contractor, the Corporation—\n> > \n> > > (a) may apply the levy that would have been refunded under subsection (1) to satisfy the employer or contractor’s debt to the Corporation, and\n> > \n> > > (b) if, after applying the levy, there is an outstanding amount payable to the employer or contractor under subsection (1)—must refund the outstanding amount to the employer or contractor.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Appeals to Committee","content":"# Part 3 Appeals to Committee\n\nPart 3 Appeals to Committee","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n7 Definitions\n\n> In this Part—\n> \n> Chairperson has the same meaning as in the Act, Schedule 1.\n> \n> Committee Secretary means a person nominated by the Chairperson of the Committee to send and receive correspondence in relation to appeals to the Committee.\n> \n> notice of appeal—see section 9(1).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Time for making appeal—the Act, s 73","content":"#### 8 Time for making appeal—the Act, s 73\n\n8 Time for making appeal—the Act, s 73\n\n> For the Act, section 73(1)(b), the following times are prescribed—\n> \n> > (a) 42 days after the appellant is notified of the decision appealed against,\n> \n> > (b) if the Chairperson is satisfied exceptional circumstances exist—6 months after the appellant is notified of the decision appealed against.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Making an appeal—the Act, s 73","content":"#### 9 Making an appeal—the Act, s 73\n\n9 Making an appeal—the Act, s 73\n\n> > (1) For the Act, section 73(2), an appeal to the Committee must be made by giving the Committee Secretary written notice of the appeal (a notice of appeal) in the form approved by the Committee.\n> \n> > (2) A notice of appeal must contain the following information—\n> > \n> > > (a) the decision, or the part of a decision, being appealed against,\n> > \n> > > (b) the grounds of appeal,\n> > \n> > > (c) the contact details of the appellant and, if the appellant has engaged a legal representative, the contact details of the legal representative,\n> > \n> > > (d) whether the appellant intends to make oral submissions to the Committee in relation to the appeal and, if so, whether the appellant intends to make the submissions—\n> > > \n> > > > (i) in person or by audio visual link, and\n> > > \n> > > > (ii) with or without a legal representative,\n> > \n> > > (e) any other information required by the Committee.\n> \n> > (3) Correspondence, submissions and other documents in connection with an appeal, including notice of the withdrawal of an appeal, must be given—\n> > \n> > > (a) to the Committee Secretary, and\n> > \n> > > (b) if the Committee specifies a time period—within the specified period.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Deciding an appeal—the Act, s 73","content":"#### 10 Deciding an appeal—the Act, s 73\n\n10 Deciding an appeal—the Act, s 73\n\n> > (1) For the Act, section 73(2), if the appellant has not indicated an intention to make oral submissions in the notice of appeal, the Committee may decide the appeal on the basis of—\n> > \n> > > (a) the notice of appeal and written submissions from the Corporation or the appellant, and\n> > \n> > > (b) if the Committee requests further information from the appellant— information received from the appellant in response to the request.\n> \n> > (2) However, if the Committee requests further information from the appellant, the appellant may indicate an intention to make oral submissions—\n> > \n> > > (a) in person or by audio visual link, and\n> > \n> > > (b) with or without a legal representative.\n> \n> > (3) If the appellant indicates in the notice of appeal or in response to a request for further information that the appellant intends to make oral submissions, the Committee Secretary must, in consultation with the Chairperson, decide a date and location for the appeal hearing.\n> \n> > (4) At the hearing, the appellant and the appellant’s legal representative, if any, may—\n> > \n> > > (a) address the Committee on matters relating to the appeal, and\n> > \n> > > (b) with the Committee’s approval, produce documents, records or information relating to the appeal.\n> \n> > (5) The parties to an appeal are not entitled to call a person to give evidence, or to cross examine a person, at the hearing.\n> \n> > (6) The Committee may adjourn the hearing if the Committee considers an adjournment necessary to enable the Committee to consider—\n> > \n> > > (a) oral submissions made at the hearing, or\n> > \n> > > (b) documents, records or information produced at the hearing.\n> \n> > (7) The Committee must give the Corporation written notice of the Committee’s decision when the Committee gives the appellant written notice under the Act, section 75.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Service credit for breaks in engagement periods—the Act, s 37","content":"#### 11 Service credit for breaks in engagement periods—the Act, s 37\n\n11 Service credit for breaks in engagement periods—the Act, s 37\n\n> For the Act, section 37(1), the following circumstances are described—\n> \n> > (a) both of the following apply—\n> > \n> > > (i) the registered worker was unable to perform cleaning work because of an illness or injury,\n> > \n> > > (ii) a registered medical practitioner certified in writing that the illness or injury rendered the worker reasonably unable to perform cleaning work,\n> \n> > (b) the registered worker undertook a training course recognised by the Corporation as being relevant to the contract cleaning industry to enhance the worker’s prospects of performing work in the industry,\n> \n> > (c) the registered worker performed cleaning work on a voluntary basis in New South Wales because of an emergency declared or otherwise recognised under—\n> > \n> > > (i) the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), or\n> > \n> > > (ii) an equivalent Act of a State or Territory or of the Commonwealth,\n> \n> > (d) the registered worker performed light duty work, other than cleaning work, assigned to the worker in accordance with the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) as a result of an injury.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Additional information required in returns by employers and contractors—the Act, ss 39 and 41","content":"#### 12 Additional information required in returns by employers and contractors—the Act, ss 39 and 41\n\n12 Additional information required in returns by employers and contractors—the Act, ss 39 and 41\n\n> > (1) For the Act, section 39(2)(d), the following information is required—\n> > \n> > > (a) if the worker was a registered worker—the registration number given to the worker by the Corporation,\n> > \n> > > (b) the worker’s name, address and date of birth,\n> > \n> > > (c) the worker’s telephone number and email address,\n> > \n> > > (d) the type of cleaning work performed by the worker for the employer.\n> \n> > (2) For the Act, section 41(2), definition of required information, paragraph (c), the following information is prescribed—\n> > \n> > > (a) the registration number given to the contractor by the Corporation,\n> > \n> > > (b) the contractor’s name, address and date of birth,\n> > \n> > > (c) the contractor’s telephone number and email address,\n> > \n> > > (d) the type of cleaning work performed by the contractor.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Interest rate on overdue long service leave levy—the Act, s 52","content":"#### 13 Interest rate on overdue long service leave levy—the Act, s 52\n\n13 Interest rate on overdue long service leave levy—the Act, s 52\n\n> For the Act, section 52(5), definition of prescribed rate, paragraph (b), the prescribed rate per calendar month or part of a calendar month is the rate 6% above the cash rate last published by the Reserve Bank of Australia—\n> \n> > (a) for interest accrued between 1 January and 30 June—immediately before 1 January, and\n> \n> > (b) for interest accrued between 1 July and 31 December—immediately before 1 July.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Certification of levy payment","content":"#### 14 Certification of levy payment\n\n14 Certification of levy payment\n\n> For the Act, section 107, the office or position of Director of the Corporation is prescribed.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Savings","content":"#### 15 Savings\n\n15 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Regulation 2017](/view/html/repealed/current/sl-2017-0477), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":18},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences—the Act, s 103A","content":"# Schedule 1 Penalty notice offences—the Act, s 103A\n\nSchedule 1 Penalty notice offences—the Act, s 103A\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 17(2) | $500 |\n| Section 20(1) | $50 |\n| Section 23(2) | $200 |\n| Section 39(1)–(4) | $400 |\n| Section 41(1) | $200 |\n| Section 45 | $200 |\n| Section 46(1) and (2) | $200 |\n| Section 47(1) and (2) | $200 |\n| Section 50 | $300 |","sortOrder":19}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation replaces the 2017 instrument (commencement and repeal noted at s 2) but contains a savings clause preserving prior effect (s 15). The text confines changes to administrative prescriptions (reporting, appeals, prescribed days, interest and penalties) rather than expanding the scheme’s substantive eligibility or core purposes."},"complexity_factors":["Extensive cross-references to the principal Act and other laws (Interpretation Act 1987, Fair Work Act 2009, Social Security Act 1991, various State Acts) which require reading multiple instruments to understand application (see s 3, s 4, s 5 notes).","Prescribed categorical rules that affect entitlement and service records (detailed non‑service day categories and service‑credit circumstances) create factual assessment tasks for administrators and employers (s 5; s 11).","Discretionary administrative powers and thresholds (Chairperson may allow longer appeal periods where ‘exceptional circumstances’ exist; Committee may request information and decide hearing logistics) introduce case‑by‑case decision making (s 8; s 10(2)–(3)).","Procedural detail for appeals (form, required content, deadlines, limits on evidence and no cross‑examination) concentrates compliance burdens on appellants and the Corporation (s 9; s 10(1), (4)–(5)).","Financial and enforcement mechanics that affect cash flows and incentives: levy refund rules and offsets against employer debts (s 6); interest on overdue levies pegged to RBA cash rate +6% (s 13); Director authorised to certify levy payments (s 14).","Reporting obligations prescribe additional personal and contact data for workers and contractors, increasing administrative reporting load and privacy handling requirements (s 12).","A fixed penalty notice schedule tying Act offences to specified monetary amounts simplifies enforcement but requires mapping offences to conduct and checking qualifying limitations (Schedule 1; Application of Schedule).","Interjurisdictional interaction: prescribes treatment of work in other States/Territories where corresponding laws are absent, creating complexity in recognising service across borders (s 4; s 5(d))."],"plain_english_summary":"This Regulation prescribes administrative and procedural rules for the Contract Cleaning Industry portable long service leave scheme, including what counts as non‑service, levy refund and interest mechanics, employer/contractor reporting, appeals process, certification and penalty notice offences. It affects registered cleaning workers, their employers and contractors, and the Corporation that administers the scheme.\n\nIt matters because it allocates who pays or is refunded (levies), sets compliance and reporting obligations, and defines administrative discretion in appeals and enforcement."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulation appears to operate precisely within its stated purpose — establishing administrative and operative rules for a portable long service leave scheme in the contract cleaning industry. There is no evidence of scope creep or deviation from its original intent, though the absence of the full operative provisions limits certainty."},"complexity_factors":["Operates as subordinate legislation under a parent Act, requiring understanding of both instruments together","Involves a specialist industry scheme (portable leave) which is a less commonly understood legal mechanism","Has a staged repeal sunset clause (automatic expiry in 2027) adding a time-sensitive dimension","Limited actual substantive content is visible in the provided text — the regulation's operative provisions (definitions, levy rates, registration rules, etc.) are not reproduced, limiting full analysis","Interacts with broader NSW employment and long service leave law frameworks"],"plain_english_summary":"This regulation establishes and governs a portable long service leave scheme for NSW contract cleaning workers, making industry service portable across employers so cleaners who move between firms can still accrue and claim long service leave. It affects contract cleaners, their employers/contractors (who must register, pay levies and keep records), and scheme administrators. It’s significant because it helps low‑paid, mobile cleaners actually access this workplace entitlement. Note: it is set to automatically repeal on 1 September 2027."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: operationalising the portable long service leave scheme for contract cleaning workers. It replaces the 2017 version without expanding into new policy areas. The 2024 amendment (noted in section 5) added pregnancy-related conditions as non-service days, but this is a refinement within existing scope rather than scope creep."},"complexity_factors":["Moderate cross-referencing to the parent Act (the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010) and other legislation (Fair Work Act 2009, Social Security Act 1991, etc.)","Nested conditional logic in section 5 (non-service days) with multiple sub-paragraphs and criteria","Dual definitions sections (section 3 for general terms, section 7 for Part 3-specific terms)","Procedural requirements for appeals with multiple steps and alternatives (written vs oral submissions, in-person vs audio-visual)","Interest calculation mechanism tied to external Reserve Bank rates with biannual adjustments","Savings provision ensuring continuity from repealed 2017 Regulation"],"plain_english_summary":"This Regulation sets out the detailed rules for how the portable long service leave scheme works for contract cleaning workers in New South Wales.\n\n**What it does:**\nThe main Act (the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010) established a system where cleaning workers can accumulate long service leave entitlements even when they change employers. This Regulation fills in the practical details—like what counts as a \"day of service,\" how to appeal decisions, and what information employers must report.\n\n**Key parts explained:**\n\n- **Part 2** — When a worker's registration can be cancelled or suspended. It lists specific days that *don't* count as service days (called \"non-service days\"), such as when a worker is pregnant, caring for someone with a disability, sick, or bereaved. It also covers days worked for government bodies or in other states where the portable scheme doesn't apply. If registration is cancelled, employers may get a refund of levies paid, unless they owe money to the scheme.\n\n- **Part 3** — How to appeal decisions to the Committee (the body that oversees the scheme). Workers have 42 days to appeal (or 6 months in exceptional circumstances). Appeals are made in writing, and hearings can be in person or by video link. The Committee can decide based on written submissions or hold a hearing, but witnesses cannot be called or cross-examined.\n\n- **Part 4** — Various operational matters: when breaks in employment still count toward service (illness, training, emergency volunteer work, light duties under workers compensation); what details employers and contractors must report about workers; the interest rate on overdue levy payments (6% above the Reserve Bank cash rate); and who can certify that levies have been paid.\n\n- **Schedule 1** — Lists specific offences under the main Act and the fines for penalty notices (on-the-spot fines), ranging from $50 to $500.\n\n**Who it affects:**\nCleaning workers in NSW, their employers, labour hire contractors, and the Corporation that administers the scheme.\n\n**Why it matters:**\nWithout these rules, the portable long service leave scheme wouldn't function day-to-day. The Regulation ensures workers get fair credit for their service even during life events (pregnancy, illness, caring duties) and provides a clear process for resolving disputes."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022","history":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022/history","analysis":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022/analysis","conflicts":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022/conflicts","importantCases":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022/important-cases","documents":"/api/acts/contract-cleaning-industry-portable-long-service-leave-scheme-regulation-2022/documents"}}