The Act in each state and territory
Each state and territory has its own long service leave law. Queensland is the only one where it sits inside a larger Act, the Industrial Relations Act 2016 (Chapter 2, Part 3, Division 9, ss 93-114). There is no single national long service leave Act for private-sector employees: the Fair Work Act keeps old award terms in place (s 113) but otherwise leaves long service leave to the states.
| State | Act | Main rule | Version we use |
|---|---|---|---|
| New South Wales | Long Service Leave Act 1955 | 8.67 weeks after 10 years; pro rata from 5 years for some reasons | Current version for 1 July 2025 to date |
| Victoria | Long Service Leave Act 2018 | 6.07 weeks after 7 years | Authorised Version No. 006, incorporating amendments as at 12 December 2025 |
| Queensland | Industrial Relations Act 2016 - Chapter 2, Part 3, Division 9 (Long service leave), ss 93-114 | 8.67 weeks after 10 years; pro rata from 7 years for some reasons | Current as at 1 January 2026 |
| Western Australia | Long Service Leave Act 1958 | 8.67 weeks after 10 years; pro rata from 7 years for some reasons | Official Version PCO 04-m0-00, as at 31 Jan 2025 |
| South Australia | Long Service Leave Act 1987 | 13 weeks after 10 years; pro rata from 7 years for some reasons | Version: 1.7.2017 |
| Tasmania | Long Service Leave Act 1976 | 8.67 weeks after 10 years; pro rata from 7 years for some reasons | Authorised version as at 10 December 2018 |
| Australian Capital Territory | Long Service Leave Act 1976 | 6.07 weeks after 7 years; pro rata from 5 years for some reasons | Republication No 29, effective 19 November 2025 |
| Northern Territory | Long Service Leave Act 1981 | 13 weeks after 10 years; pro rata from 7 years for some reasons | Current reprint REPL021, as in force at 14 October 2015 |
The Act names in the searches people use, such as "long service leave act 1955" (NSW), "act 2018" (Victoria), "act 1958" (WA), "act 1987" (SA), "act 1976" (Tasmania and the ACT) and "act 1981" (the NT), all point to the table above.
Commonwealth Acts
- Long Service Leave (Commonwealth Employees) Act 1976: Australian Public Service and other Commonwealth employees. See long service leave for APS staff.
- Coal Mining Industry (Long Service Leave) Administration Act 1992: the black coal mining industry. See black coal long service leave.
- Fair Work Act 2009, s 113: keeps long service leave terms from pre-modern awards. See Fair Work and long service leave.
Portable scheme Acts
Workers in construction, cleaning, security and community services may be covered by a portable scheme set up by its own Act, instead of the state long service leave Act.
State public sectors
Public servants are often covered by a regulation, directive or enterprise agreement rather than the state Act. See the public service pages for NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT.
Common questions
What is the Long Service Leave Act 1955?
It is New South Wales' long service leave law. It gives 2 months (8.67 weeks) after 10 years with the same employer, and pro rata from 5 years for some reasons when the job ends.
Is there a national long service leave Act?
Not for most private-sector employees. Each state and territory has its own Act. The Fair Work Act keeps long service leave terms from pre-modern awards in place (s 113), and Commonwealth employees and the black coal industry have their own federal Acts.
Which Act covers long service leave in Queensland?
The Industrial Relations Act 2016, Chapter 2, Part 3, Division 9 (ss 93-114). Queensland has no separate long service leave Act.
How do I know which Act applies to me?
Usually the Act of the state or territory where you work. If you are in construction, cleaning, security or community services, a portable scheme Act may apply instead, and public servants may have their own rules.
Official sources
- Long Service Leave Act 1955 No 38
- Long Service Leave Act 2018 (No. 12 of 2018)
- Industrial Relations Act 2016 - Chapter 2, Part 3, Division 9 (Long service leave), ss 93-114
- Long Service Leave Act 1958
- Long Service Leave Act 1987
- Long Service Leave Act 1976
- Long Service Leave Act 1976 (A1976-27)
- Long Service Leave Act 1981
Rules last reviewed 3 November 2026. Every figure comes from the Acts, the regulators, the ATO and the AASB; see sources and method.