Key points
- No state or territory long service leave Act gives long service leave to genuinely self-employed people.
- Each Act covers employees only.
- Your real work arrangement decides your status, not an ABN or the name contractor.
- In some industries, you can register with a portable scheme and pay your own levy.
- Contractors often get back their levies plus interest, not paid leave.
On this page
State and territory Acts cover employees only
Each Act gives long service leave to an employee of an employer. In NSW and SA, the Act calls the employee a worker. The table shows how each Act defines who it covers.
| State | Who the Act covers | Section |
|---|---|---|
| NSW | A worker is a person employed on salary, wages or piecework rates. A contract for labour only (or substantially for labour only) does not in itself stop a person from being a worker. The same applies to work as an outworker or on commission | Long Service Leave Act 1955 s 3(1) |
| VIC | A person employed by an employer to do any work for hire or reward. This includes apprentices and casual or seasonal employees | Long Service Leave Act 2018 s 3 |
| QLD | An individual whom an employer employs, or usually employs. This includes outworkers, apprentices and trainees | Industrial Relations Act 2016 s 8 |
| WA | A person employed by an employer to do work for hire or reward, or a person whose usual status is that of an employee. This includes casual and seasonal employees | Long Service Leave Act 1958 s 4(1) |
| SA | A person employed under a contract of service | Long Service Leave Act 1987 s 3(1) |
| TAS | A person employed by an employer to do any work for hire or reward. This includes apprentices | Long Service Leave Act 1976 s 2(1) |
| ACT | The definition includes pieceworkers, part-time employees and casual employees. It does not include public employees. The Act counts service as the employee of a particular employer | Long Service Leave Act 1976 dictionary, s 2G |
| NT | A person who works under a contract of service or apprenticeship with an employer. This includes casual and part-time employees and outworkers. The Act excludes people employed in an honorary capacity | Long Service Leave Act 1981 s 7(1), s 6(2)(c) |
Your label does not decide your status
Your real work arrangement is what matters. It does not matter whether you have an ABN, or whether people call you a contractor. The NSW Act says that a labour-only contract does not in itself stop a person from being a worker (s 3(1)).
The NSW Act also treats some drivers as workers of the supplier, if the supplier supplies the vehicles under a bailment (s 3(3)). It also treats people as workers if the Industrial Relations Act 1996 deems them to be employees (s 3(4)).
The WA Act points to sections 7A and 7B of the Industrial Relations Act 1979. You use these sections to decide whether someone is an employee (s 4(1), note).
Long Service Corporation tells you to look at all of your work arrangements. This includes how someone pays you and who provides your work equipment. If you are not sure of your status, it suggests that you contact the ATO or the Fair Work Ombudsman.
Pick your state. The calculator uses that state's Act and shows the working.
Portable schemes that accept contractors
Portable schemes cover certain industries. Several schemes let sole traders, partners or working directors register for themselves. The table shows what the site of each scheme says. For more information, read our guide to portable schemes.
| State | Scheme | Can contractors register? |
|---|---|---|
| NSW | Building and construction (Long Service Corporation) | Yes, voluntarily. This option is for sole traders, partners and working directors who do eligible work. Your tax agent lodges a Self-Employed Worker Certificate of Service each financial year |
| NSW | Contract cleaning (Long Service Corporation) | Yes, voluntarily. Lodge a return every 3 months and pay the levy. Your payment is the levies that you paid, plus interest |
| NSW | Community services (Long Service Corporation) | Yes, voluntarily. Register as a worker and as an employer. Lodge a return every 3 months and pay a quarterly levy. Your payment is the levies that you paid, plus interest |
| VIC | Building and construction (LeavePlus) | Working subcontractors with a sole trader or partnership ABN register as individuals. They can choose to pay long service leave charges for themselves. Worker directors of a company get cover through the company |
| VIC | Contract cleaning and security (Portable Long Service Authority) | Yes, by choice. You must meet the obligations of an employer. You must lodge quarterly returns and pay the levy |
| VIC | Community services (Portable Long Service Authority) | The scheme does not list a self-employed option |
| QLD | Building and construction (QLeave) | This option is for sole trader subcontractors who provide substantially labour only. Company directors who do the work may be eligible |
| QLD | Contract cleaning (QLeave) | This option is for sole trader subcontractors. Partners, trustees, company directors and people under a personal services business determination are not eligible |
| QLD | Community services (QLeave) | Yes, optionally, for sole traders |
| WA | Building and construction (MyLeave) | In the MyLeave definitions, employees include individual subcontractors hired principally for labour and paid by the day or hour |
| SA | Building and construction | Yes, voluntarily, through the Self-Employed Contractor scheme, if you have less than 10 years of service. You lodge returns every 2 months. There is also a Working Director scheme |
| SA | Community services | Yes, voluntarily, after you register as a worker. You lodge returns quarterly. There is also a Working Director scheme |
| TAS | Building and construction (TasBuild) | Yes, voluntarily, if you already have an active TasBuild worker account with relevant employment. You contribute $260 a quarter |
| ACT | Construction, community sector and security (ACT Leave) | Yes, optionally, for sole traders, individual partners and working directors. You lodge quarterly returns and pay a levy of 2.50% (construction) or 1.67% (community sector and security). You get your levies back plus interest |
| ACT | Services industry (ACT Leave) | Yes, optionally, from 1 April 2025 for contract cleaning and from 1 January 2027 for other services industries. ACT Leave will advise the levy rate |
| NT | Building and construction (NT Build) | This option is for labour-only contractors and sole traders who do on-site work. Sole traders who supply materials are not eligible. You lodge returns every 6 months |
| National | Black coal mining (Coal Long Service Leave) | The scheme does not list a contractor option |
What contractors usually get
Contractor membership often works differently from employee membership. In NSW contract cleaning and community services, and in all ACT Leave schemes, your payment is the levies that you paid, plus interest.
When you reach 10 years of combined service, TasBuild pays your self-employed contributions plus interest. It also pays for any service that you built up as an employee.
If you stop your contributions, TasBuild refunds them without interest. ACT Leave lets you backdate service up to 1 year from registration. TasBuild lets you backdate 1 year of service, with evidence.
If you change from employee to contractor
Some schemes let you keep service that you built up as an employee. NT Build says that a worker who becomes self-employed can register as a contractor and continue to add to their service record. You must have an existing TasBuild worker account before you can join as self-employed.
In NSW community services, a registered worker who starts to work as a contractor has three options. The worker can lodge contractor returns and pay levies. The worker can stop the lodgement of returns and enter a break in service of up to 4 years. Or the worker can cancel the registration.
If you employ workers yourself, you must register with the scheme as an employer for them. LeavePlus and Long Service Corporation both say this. To find your registration number, use find your long service leave number.
If you are not sure
Find the portable scheme for your industry. Then contact the scheme directly. For more information, read our guide to portable schemes.
Common questions
Do sole traders get long service leave?
Not under any state or territory Act, because each Act covers employees only. But in some industries, a portable scheme lets sole traders register and pay their own levy.
Can contractors get long service leave?
The Acts do not cover a genuine independent contractor. In some states, portable schemes in construction, cleaning, community services and security let contractors register voluntarily.
I have an ABN. Does that mean I am not an employee?
No. The NSW Act says that a labour-only contract does not in itself stop a person from being a worker (s 3(1)). Your real work arrangement decides your status.
What do contractors get from a portable scheme?
It depends on the scheme. In NSW contract cleaning and community services, and in ACT Leave schemes, contractors get their levies back plus interest.
Can a company director register with a portable scheme?
Yes, in some schemes. ACT Leave and NSW building and construction accept working directors. SA has Working Director schemes. But QLeave contract cleaning excludes company directors.
Related guides
Official sources
- Long Service Leave Act 1955 No 38 (s 3)NSW Parliamentary Counsel's Office
- Long Service Leave Act 2018, Authorised Version 006 (s 3)Victorian Chief Parliamentary Counsel
- Industrial Relations Act 2016 (s 8)Queensland Parliamentary Counsel
- Long Service Leave Act 1958 (s 4)WA Parliamentary Counsel's Office
- Long Service Leave Act 1987 (s 3)SA Government, legislation.sa.gov.au
- Long Service Leave Act 1976 (Tas) (s 2)Tasmanian Legislation Online
- Long Service Leave Act 1976 (ACT) Republication No 29 (dictionary, s 2G)ACT Parliamentary Counsel's Office
- Long Service Leave Act 1981 (NT) (ss 6, 7)Northern Territory Government
- Registering and updating your details in the building and construction industryLong Service Corporation
- What you need to do as a contractor in the contract cleaning industryLong Service Corporation
- What you need to do as a self-employed contractor in the community services industryLong Service Corporation
- How to register for self-employedLeavePlus
- Contract cleaning worker coveragePortable Long Service Authority
- Security worker coveragePortable Long Service Authority
- Building and construction workers: frequently asked questionsQLeave
- Contract cleaning workers: FAQsQLeave
- Community services workers: frequently asked questionsQLeave
- MyLeave definitionsMyLeave (Construction Industry Long Service Leave Payments Board)
- Self-employed overview (construction)SA Portable Long Service Leave – Construction
- Self-employed overview (community services)SA Portable Long Service Leave – Community Services
- Self employed workers informationTasBuild
- Building and construction: workersACT Leave
- Workers FAQNT Build
Rules last reviewed 3 November 2026. Every figure comes from the state Acts, the regulators and the ATO; see sources and method.
Calculators
Across Australia
- Pro rata leave in every state
- Is it paid out when you leave?
- How many weeks you get
- Tax on unused leave
- Casual workers
- Part-time and changed hours
- Cashing out leave
- Super on long service leave
- Portable schemes
- Commonwealth and APS staff
- NSW Health staff
- Every long service leave Act
- Fair Work and the NES
- Awards and long service leave
- Changing employers