Who is covered?
The following workers are covered under the scheme:
- workers (employees and contractors) performing relevant work as defined below; and
- working directors.
A worker can be an employee (e.g. working for salary or wages) or a contractor. Employees can be full time, part time or casual. This includes workers on a visa that allows them to work in Australia.
A key difference between employees and contractors is that employers must record service for their employees, while contractors and working directors have a choice on whether or not to record service for themselves.
Work carried out in the community sector industry, which is defined as the industry of providing:
- education and care services (means an approved education and care service under the Education and Care Services National Law (ACT) Act 2011, section 5 (1));
- residential aged care services (from 1 July 2016);
- community aged care services (from 1 July 2016);
- the following residential care services:
- care accommodation or homes for disadvantaged people where nursing or medical care is not provided as a major service;
- residential corrective services for young offenders;
- non-residential care welfare services (including fund-raising services for welfare services) not included in other community sector industries;
- employment placement services for disabled people;
- community service advocacy services.
Note that the definition applies to work carried out in the industry, independent of the role performed by the worker. Therefore, in most cases, all the employees of an employer are covered. For example, the chef and the administration staff of a child care centre are covered. However, there are some exceptions (see below).
If in doubt, please contact the Authority for clarification.
Who is not covered?
Workers not carrying out work in the community sector industry as defined above. Some examples of workers not covered:
- A labour hire company outsources nurses to aged care providers and hospitals. Nurses only working at the hospital are not covered, while nurses that work with the aged care providers are covered.
- An independent school provides Kindergarten to Year 6 education, as well as before and after school care programs. Most teachers and the administration staff are not covered. Only those staff involved in the provision of before and after school care services are covered.
Please contact the Authority if you have any questions on whether your employees are carrying out work in the community sector industry.