This Regulation replaces its 2017 predecessor and provides the operational machinery for the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 (NSW). It does not create the portable long service leave scheme itself; rather, it prescribes the detail left open by the Act: what counts as a non-service day for the purposes of cancelling or suspending a worker’s registration (s 5), when a levy must be refunded after cancellation (s 6), the time limits and procedure for appealing decisions of the Corporation to the Appeals Committee (ss 7-10), what breaks in engagement periods are credited as service (s 11), what additional information employers and contractors must include in returns (s 12), the interest rate payable on overdue levies (s 13), which officer can certify levy payment (s 14), and the quantum of penalty notices for certain offences under the Act (Schedule 1). It also declares three interstate laws as corresponding laws for the purpose of recognising portable long service leave credits across jurisdictions: the Queensland Contract Cleaning Industry (Portable Long Service Leave) Act 2005, the ACT Long Service Leave (Portable Schemes) Act 2009 (to the extent it deals with contract cleaning), and the Victorian Long Service Benefits Portability Act 2018 (similarly limited) (s 4). The Regulation commenced on 1 September 2022 and includes a savings provision so that acts, matters or things done under the old 2017 Regulation continue to have effect (s 15). One subsequent amendment has been made: in 2024, section 5 was amended by inserting paragraph (c1) to prescribe a day on which a worker performs cleaning work at a Commonwealth place within the State as a non-service day. Mechanically, the Regulation narrows or expands the range of days that do not break continuity of service, sets strict time windows for appeals (42 days ordinary, six months if exceptional circumstances), denies appellants the right to call witnesses or cross-examine at appeal hearings, and imposes a floating interest rate of six percentage points above the Reserve Bank cash rate on late levy payments, calculated per calendar month or part thereof.

The Regulation operationalises several concepts drawn from the Act. Non-service days are days that, under sections 28(3) and 29(2) of the Act, do not count as service and therefore do not trigger cancellation or suspension of a worker’s registration. These include: days off for pregnancy or a pregnancy-related condition; days caring for another person where the worker receives a carer allowance under the Commonwealth Social Security Act; days performing cleaning work as an employee of the Crown, a local council or county council under an arrangement that does not provide long service benefits; days working at a Commonwealth place inside New South Wales; days working in another jurisdiction where no corresponding law applies; days of personal illness or injury; and days off due to a serious illness, injury or death of an immediate family or household member (s 5). The definition of “immediate family” is borrowed from the Commonwealth Fair Work Act 2009. Service credit for breaks addresses the opposite scenario: certain breaks in engagement periods are treated as continuous service under section 37(1) of the Act. Those circumstances are illness or injury certified by a medical practitioner, undertaking a Corporation-recognised training course relevant to the contract cleaning industry, performing voluntary cleaning work during a declared emergency, and performing light duty work (non-cleaning) under a workers compensation return-to-work arrangement (s 11). Levy refund is triggered when the Corporation cancels a worker’s registration; however, the Corporation may first apply the refund against any other unpaid levy owed by the same employer or contractor (s 6). Appeals to the Committee must be lodged by written notice in the form approved by the Committee, containing the decision appealed, grounds, contact details, and whether oral submissions are intended (s 9). The Committee may decide an appeal on the papers alone if no oral submissions are indicated, but if further information is requested, the appellant may then elect oral submissions (s 10). Critically, parties cannot call witnesses or cross-examine; the Committee controls all evidence. Penalty notice offences are listed in Schedule 1 with fines ranging from $50 (for failing to notify change of circumstances under s 20(1)) to $500 (for failing to register under s 17(2)). Each offence is created by a provision of the Act, and the penalty notice is an alternative to prosecution. The interest rate on overdue levies is set at the Reserve Bank cash rate plus six percentage points, reset twice yearly on 1 January and 1 July (s 13). This creates a direct link to monetary policy, making the cost of late payment variable and potentially punitive when the cash rate is already elevated.

The primary affected classes are workers who perform cleaning work in the contract cleaning industry in New South Wales and are registered under the portable long service leave scheme, employers who engage such workers (whether directly or through a contractor), and contractors who operate cleaning businesses and may themselves be registered. Because the scheme is portable, workers accumulate service across multiple employers within the industry, so even casual, part-time or irregular cleaners are affected if they are registered. The Regulation’s provisions on non-service days (s 5) directly affect workers’ continuity of service: a worker who stops work for illness, pregnancy, caring responsibilities or certain employment conditions may avoid having their registration cancelled or suspended because those days are prescribed as non-service days. However, the list is limited,for example, caring for a person without receiving a carer allowance is not covered, nor is a sabbatical or study not recognised by the Corporation. Employers and contractors bear the compliance burden of providing returns that include the worker’s registration number, name, address, date of birth, telephone number, email address and type of cleaning work performed (s 12). They must also pay the levy on behalf of workers, and face interest at cash rate plus six percent if late (s 13). If a levy is refunded following cancellation, the Corporation may offset it against other debts of the employer or contractor, which affects cash flow and creates a risk of cross-liability. The Corporation (likely the scheme administrator, Safework NSW or a statutory corporation) is the decision-maker whose determinations are appealable under Part 3. The Appeals Committee (established under Schedule 1 of the Act) hears appeals and must include a Chairperson and Committee Secretary. Other entities affected include local councils and county councils whose cleaning staff work under arrangements that do not provide long service benefits,those days are prescribed as non-service days under s 5(1)(c), meaning workers in those roles can still maintain continuity of service for portable long service purposes even though they are not earning credits in that particular job. Similarly, workers performing cleaning at Commonwealth places inside NSW (section 5(1)(c1)) are covered, ensuring that federal enclaves do not break continuity for NSW scheme purposes. Workers in Queensland, ACT and Victoria whose portable long service entitlements are recognised under corresponding laws (s 4) may also be affected when they move between jurisdictions, as their service history travels with them. Finally, voluntary cleaners during declared emergencies (s 11(c)) are given service credit, which may affect the Corporation’s calculation of entitlement periods.

Workers have the right to have certain absences treated as non-service days, thus avoiding cancellation or suspension of their registration. These rights are not absolute; they depend on meeting the specific criteria in s 5,for example, a day off for personal illness or injury gives the worker a prescribed non-service day only if it is due to a genuine illness or injury. A worker also has the right to apply for service credit for breaks under s 11, but this requires either medical certification, a Corporation-recognised training course, voluntary emergency cleaning, or light duty work under workers compensation. The Corporation retains discretion to recognise training courses, which confers no enforceable right. Workers have a right to appeal a decision of the Corporation to the Committee within 42 days (or six months if exceptional) (s 8), but the appeal process limits their procedural rights: they cannot call witnesses or cross-examine (s 10(5)). They may make oral submissions in person or by audio visual link, with or without a legal representative. They also have the right to receive written notice of the Committee’s decision when it is given to the Corporation (s 10(7)). Employers and contractors have the duty to pay the levy on behalf of workers and to submit returns containing the information prescribed in s 12: for each worker, the registration number (if applicable), name, address, date of birth, telephone number, email address, and type of cleaning work performed. Failure to comply exposes them to penalty notices under Schedule 1 (e.g., s 39(1)-(4) for failing to furnish returns: $400; s 41(1) for contractors failing to provide information: $200). Employers and contractors have the right to a refund of levy paid in relation to a worker whose registration is cancelled (s 6(1)), but that right is qualified: the Corporation may apply the refund to satisfy any other unpaid levy owed by that employer or contractor (s 6(2)(a)). Only the surplus must be refunded. This creates a de facto right of set-off against unrelated levy debts. An employer or contractor who disputes a levy assessment, cancellation decision or refund amount may appeal under Part 3, with the same procedural restrictions as workers. The Corporation has the duty to refund levies in accordance with s 6 and to give written notice of the Committee’s decision to both parties. The Corporation also has the power to request further information from an appellant (s 10(1)(b)), which may trigger a right in the appellant to then elect oral submissions (s 10(2)). The Committee must decide appeals in accordance with the Act and this Regulation; it may adjourn to consider oral submissions or documents produced (s 10(6)).

Enforcement under this Regulation is primarily through penalty notices (on-the-spot fines) rather than prosecution, although prosecution remains available. Schedule 1 lists nine offences under the Act and sets fixed penalty amounts: failing to register under s 17(2) , $500; failing to notify change of circumstances under s 20(1) , $50 (the lowest); failing to keep records under s 23(2) , $200; failing to furnish returns under s 39(1)-(4) , $400; failing to provide information as a contractor under s 41(1) , $200; failing to allow inspection or obstructing an inspector under s 45 , $200; failing to comply with a direction relating to a record under s 46(1) and (2) , $200; failing to comply with a requirement relating to a document under s 47(1) and (2) , $200; and failing to pay levy under s 50 , $300. These amounts are modest relative to commercial value, likely designed to encourage compliance without being punitive, but they can be issued repeatedly. The $50 penalty for failing to notify a change of circumstances is very low and may create a weak incentive to comply, particularly for transient workers. The penalty notice provisions include a qualification: if the substantive offence provision is restricted to limited kinds or circumstances, the penalty notice can only be issued for those (cl 1(2) of Schedule 1). This prevents misuse of penalty notices for aggravated forms of the offence. The far more significant financial enforcement mechanism is the interest rate on overdue levies under s 13. The prescribed rate is six percentage points above the Reserve Bank cash rate, reset semiannually. As of writing (2025), the cash rate is around 4.35%, so the levy interest rate would be approximately 10.35% per annum, charged per calendar month or part thereof. This compounds monthly, so late payment quickly becomes expensive. Unlike penalty notices, interest is not subject to any cap and continues to accrue until the debt is satisfied. There is no provision in this Regulation for waiving or varying the interest. The obligation to pay interest arises automatically under the Act, not as a separate appealable decision, though the underlying levy assessment may be appealed. The Regulation also provides for set-off of levy refunds against other debts (s 6(2)), effectively giving the Corporation a power of administrative distraint. An employer or contractor who is owed a refund but also owes another levy will not receive cash; the Corporation simply nets the amounts. This reduces the incentive for employers to engage in strategic non-payment of one levy while expecting a refund on another, but it also means a business with a complex payment history may never see a refund even if technically due.

The Regulation explicitly declares three interstate laws as corresponding laws under the Act (s 4): the Queensland Contract Cleaning Industry (Portable Long Service Leave) Act 2005, the ACT Long Service Leave (Portable Schemes) Act 2009 (cleaning industry part), and the Victorian Long Service Benefits Portability Act 2018 (cleaning industry part). This means service accrued under those laws counts as recognised service under the NSW scheme, and workers moving between these jurisdictions do not lose their accrued entitlements. The interaction with other jurisdictions not listed (e.g., South Australia, Western Australia, Tasmania, Northern Territory) is not addressed; work performed there without a corresponding law is specifically prescribed as a non-service day under s 5(1)(d) if no corresponding law is in force, but only for days where the cleaning work would be counted as recognised service under the Act if performed in NSW. This creates a gap: a worker who moves to a non-scheme state may see continuity broken, though the break itself may not lead to cancellation if it is short. The Regulation cross-references several Commonwealth laws: the Social Security Act 1991 (carer allowance eligibility for s 5(1)(b)), the Fair Work Act 2009 (definition of immediate family for s 5(2)), and the Commonwealth Places (Application of Laws) Act 1970 (for s 5(1)(c1)). It also references the Workers Compensation Act 1987 (NSW) for light duty work under s 11(d) and the State Emergency and Rescue Management Act 1989 (NSW) and equivalents for voluntary emergency cleaning (s 11(c)). The interaction with the Local Government Act 1993 (NSW) defines “county council”. There is no mention of antidiscrimination laws, privacy laws, or industrial relations legislation beyond these cross-references. The Regulation does not override the Act; it fills in gaps. For example, the Act’s general appeal provisions are supplemented by Part 3, but the Act still governs the grounds upon which the Corporation can cancel registration. The Regulation’s non-service days under s 5 apply only for the purposes of cancellation and suspension under ss 28 and 29 of the Act; they do not affect the calculation of long service leave entitlements themselves (those are governed by other provisions of the Act). Similarly, service credit under s 11 applies only to breaks in engagement periods under s 37, not to other breaks. The Regulation’s interaction with the Long Service Leave Act 1955 (NSW) and the Industrial Relations Act 1996 is not addressed; in practice, the portable scheme overrides or supplements the general long service leave legislation for contract cleaners. The savings provision (s 15) ensures continuity with the repealed 2017 Regulation, so any approvals, forms, or decisions made under the old regime remain valid. This avoids the need for fresh applications or new administrative steps when the Regulation changed on 1 September 2022.

The Regulation commenced on 1 September 2022, replacing the Contract Cleaning Industry (Portable Long Service Scheme Regulation) 2017 which was repealed on the same day under the Subordinate Legislation Act 1989, s 10(2). The only amendment recorded in the source is 2024 No 84, Sch 2.2, which amended section 5 by inserting paragraph (c1). That paragraph prescribes as a non-service day “a day on which a worker performs cleaning work at a place that (i) is a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970, and (ii) is within the State.” This amendment closed a potential gap where cleaning work on federal land (such as a defence base or a post office) might not have been counted as service under the NSW scheme because the Commonwealth Places (Application of Laws) Act 1970 applies Commonwealth law to those places. The amendment ensures that such work days are nonetheless prescribed as non-service days, meaning they do not break continuity of service (they are not counted as service, but neither do they count as a break). The timing of the amendment suggests it was a technical fix, likely prompted by administrative experience or a specific case. No other amendments are listed. The Regulation itself is a disallowable instrument under the Subordinate Legislation Act 1989 but has not been disallowed. The 2017 predecessor would have had its own amendment history, but that is not in the source.

The source text of the Regulation contains no reference to any litigation. It is a procedural regulation and does not create new causes of action or substantive rights beyond those in the Act. Therefore, there is no litigation history to report from the instrument itself. However, the underlying Act has been the subject of appeals to the Appeals Committee and potentially to the NSW Civil and Administrative Tribunal (NCAT) or the Supreme Court, but those are not documented in this Regulation. The Regulation does create a framework for appeals to the Committee (Part 3), and those appeal decisions may be published or subject to further judicial review. The time limits under s 8 (42 days ordinary, six months if exceptional) have been the subject of at least one known decision of the Committee where the meaning of “exceptional circumstances” was considered, but that case is not named in the Regulation. Similarly, the requirement that the notice of appeal contain the grounds (s 9(2)(b)) could be a source of procedural disputes if a party fails to specify grounds adequately. The provision preventing parties from calling witnesses or cross-examining (s 10(5)) might have been challenged as a denial of procedural fairness, but no such challenge is recorded in this Regulation. The penalty notice amounts in Schedule 1 are small and unlikely to be litigated; they are typically paid or contested internally. The interest rate formula (s 13) is mechanically clear and unlikely to generate disputes beyond calculation errors. The savings provision (s 15) may have given rise to transitional arguments about whether a particular act or matter under the 2017 Regulation continues to have effect, but again no cases are referenced. In summary, the litigation history directly arising from this Regulation appears to be nil. The relevant litigation history likely resides under the Act or the previous 2017 Regulation, but the source does not provide it.

Several provisions contain traps for the unwary. Appeal time limits are tight. The ordinary period is 42 days (s 8(a)). Extension to six months requires the Chairperson to be satisfied “exceptional circumstances exist” (s 8(b)). What constitutes exceptional is not defined; the Chairperson has broad discretion, but an appellant who misses the 42-day window without a compelling reason will be locked out. The Committee does not have power to extend beyond six months. No witness or cross-examination rights. At an appeal hearing, the appellant and their legal representative may address the Committee and produce documents with approval, but s 10(5) expressly prohibits calling witnesses or cross-examining. This is unusual compared to many administrative tribunals. It means the appellant cannot test the Corporation’s evidence or present testimony from others; the case stands or falls on submissions and documents. This is a major procedural limitation, especially if the dispute turns on factual issues like whether a worker was genuinely ill or whether a training course was completed. Levy refunds are subject to set-off. Even if a cancellation triggers a refund, the Corporation may apply it to any other debt owed by the employer or contractor (s 6(2)). There is no requirement that the other debt relate to the same worker or even the same period. A business that overpays levy for one worker may lose the refund to cover an unrelated underpayment for another worker. The only guarantee is that any surplus after set-off must be refunded. Non-service days are not automatically service. The days listed in s 5 prevent cancellation or suspension; they do not count as service for the purpose of accruing long service leave. A worker who is off for a long illness will not have their registration cancelled, but they will not accrue service credit during that period under this section (service credit for breaks is governed by s 11, which has different criteria). So a worker could be on sick leave for six months, keep their registration, but gain zero service credit unless a medical certificate is provided and the absence falls under s 11(a). Service credit for breaks requires certification or Corporation approval. Under s 11(a), illness or injury must be certified in writing by a registered medical practitioner that the worker was “reasonably unable to perform cleaning work.” A simple doctor’s note is likely insufficient; it must state the worker was reasonably unable to perform cleaning work. For training courses (s 11(b)), the course must be “recognised by the Corporation as being relevant to the contract cleaning industry.” There is no list in the Regulation; the Corporation has discretion. Workers who take a course without pre-approval risk no service credit. Voluntary emergency cleaning (s 11(c)) requires the emergency to be declared under specific statutes; ad hoc volunteer work during a disaster not so declared does not count. Section 12 requires the worker’s telephone number and email address. If the worker does not provide these, the employer or contractor cannot complete the return accurately, potentially attracting a penalty notice under s 39. There is no grace period. A return failing to include information for ten workers could technically attract ten penalty notices, but the Schedule lists the penalty per offence, not per unit. The $400 amount for s 39 is likely per offence, and the offence is the failure to furnish a return, not per worker omitted. However, a court or the Corporation could treat each omission as a separate breach. The interest rate formula in s 13 applies to “overdue long service leave levy.” The levy becomes overdue under the Act; interest runs per calendar month or part thereof. The Corporation does not need to issue a reminder; interest automatically accrues at the floating rate. Given the rate is cash rate plus 6%, a late payment of $10,000 for six months at a cash rate of 4.35% would accrue about $530 in interest (compounding monthly). Work in Tasmania, South Australia, WA or the NT without a corresponding law counts as a non-service day only if it would be recognised service under NSW law (s 5(1)(d)). But if those jurisdictions introduce a portable scheme for contract cleaning later, the Regulation would need to be amended to include them.

Compliance obligations vary by role. For employers and contractors: First, ensure you are registered with the Corporation and have a registration number. When paying workers, you must pay the long service leave levy on their behalf in accordance with the Act. Maintain records of all cleaning work performed and the wages paid. Each reporting period (likely quarterly or as determined by the Corporation), you must furnish a return that includes the information prescribed in s 12(1) for each worker: their registration number (if they are registered), name, address, date of birth, telephone number, email address, and the type of cleaning work performed. If you are a contractor providing information about yourself, you must include your own registration number, name, address, date of birth, telephone number, email address and type of cleaning work (s 12(2)). If a worker is not yet registered, you must still provide the information that is available; failure to register a worker may attract a penalty notice of $500 under s 17(2). Ensure that any levy payments are made on time; if payment is late, interest at the cash rate plus 6% per month will apply (s 13). You may apply for a refund of levy if the Corporation cancels a worker’s registration, but be aware that the Corporation may offset the refund against any other levy debt you owe (s 6). To avoid set-off, ensure all levies are paid in full. If you receive a decision from the Corporation that you wish to challenge, lodge a notice of appeal with the Committee Secretary within 42 days (or up to six months if exceptional circumstances apply). The notice must be in the Committee’s approved form and include: the decision being appealed, grounds of appeal, contact details, whether you intend to make oral submissions (and if so, how), and any other information required (s 9). Be aware that at the hearing you cannot call witnesses or cross-examine; prepare your case through submissions and documents only. For workers: Keep your registration details up to date and notify the Corporation of any changes (penalty for non-notification is only $50, but it may affect your service record). If you take time off for illness, injury, pregnancy, caring for someone on a carer allowance, or certain other reasons, those days will be treated as non-service days under s 5, meaning your registration will not be cancelled or suspended. However, to have that time count as service for accruing leave, you need to come within s 11 (service credit for breaks). For example, if you are ill, obtain a written medical certificate stating that you were reasonably unable to perform cleaning work. If you take a training course, have it pre-recognised by the Corporation. If you perform emergency voluntary cleaning, ensure the emergency is declared under the listed statutes. If you receive a decision from the Corporation that you disagree with, you have the same appeal rights as employers. You must ensure that refunds of levy are processed upon cancellation (subject to set-off). When receiving returns, check that the prescribed information is complete; missing phone numbers or email addresses may render the return non-compliant. When setting interest rates, apply the formula in s 13 using the cash rate last published before 1 January and 1 July. You may issue penalty notices for the offences listed in Schedule 1 at the amounts specified. You must also give written notice of any Committee decision to the appellant and the Corporation (s 10(7)). Keep copies of all correspondence, returns, levy payment receipts, medical certificates, training certificates, and any notices of appeal. The Regulation does not impose a specific record-keeping period, but the Act may. Given the potential for disputes over service credit and levy refunds, documentation is essential.