Under the Long Service Leave Act 1987 (SA) an employee is entitled, after 10 years continuous service, to long service leave on full pay amounting to 13 weeks [s 5]. A further 1.3 weeks is granted for each completed year after 10 years service.

An employee who leaves their employment at any time after 7 years continuous service is, in most circumstances, entitled to receive proportional payment of long service leave but employees dismissed without notice for serious misconduct may lose their pro-rata long service leave entitlements. With agreement from their employer, an employee who has worked for 10 or more years may ‘cash out’ either part or the whole of their accrued Long Service Leave.

Some employees may have their entitlements to long service leave regulated by an award or enterprise agreement which is different to these statutory entitlements. As a general rule, provisions in an award or enterprise agreement will override a State law if there is inconsistency and an intention to exclude the State law.

To check your Long Service Leave entitlement refer to the calculator tools on SafeWork SA's website.

Disputes

Safework SA receive enquiries and claims under the Long Service Leave Act 1987 (SA). South Australian employers and employees may complete an enquiry form and employees may additionally complete a claim form. For more information, visit the Safework SA website

Under the Long Service Leave Act 1987 (SA), Safework SA, as an inspector under the Fair Work Act 1994 (SA), has the power to inspect an employer's premises and records, and require them to answer questions relating to the enforcement of long service leave [s 11]. An inspector may direct an employer to grant leave or make a payment in lieu of leave within a set time frame [s 12].

Either an employer who disputes a direction to grant or pay leave, or an employee who is not granted leave, may apply to the South Australian Employment Tribunal (SAET) [ss 12 and 13]. An application by an employer must be made within 14 days of receiving notice from the inspector [s 12(3)]. SAET may not make an order to grant leave if the employee stopped working for the employer more than 3 years before making the application [s 13(4)]. Employees may make a monetary claim in the ordinary way. For more information, visit the SAET website.

Special legislation, including portable long service leave, applies to workers in some industries under the following legislation:

For more information, visit:

The Equal Opportunity Act 1984 (SA) prohibits discrimination in employment on the grounds of age, sex, sexuality marital status, pregnancy, race or physical and intellectual impairment. It also prohibits victimisation and sexual harassment, including sexual harassment of an employee by an employer or another employee. Complaints must be made to the Commissioner for Equal Opportunity within 12 months of the incident, although the Commission can grant extensions of time [Equal Opportunity Act 1984 (SA) s 93]. If a complaint is not resolved by conciliation it generally goes to the South Australia Civil and Administrative Tribunal, but may be referred to the South Australian Employment Tribunal [ss 95B and 98B].

The rights contained in the Equal Opportunity Act 1984 (SA) must also be considered alongside similar rights provided by federal anti-discrimination law:

The scope of federal legislation differs sometimes from that of the State law, and the time during which a complaint can be made is different. The Commonwealth Acts are not intended to exclude or limit the operation of Equal Opportunity Act 1984 (SA) which is capable of operating concurrently with them, so complainants must choose whether to take proceedings under the State or the Commonwealth law, for they cannot take proceedings under both. See the Law Handbook sections on Discrimination.

Where a worker is dismissed in a discriminatory way they may also have to choose whether to exercise their rights under anti-discrimination legislation (Federal or State), or the provisions governing termination of employment in either the Fair Work Act 2009 (Cth) (for federal employees) or the Fair Work Act 1994 (SA) (for other employees).

From 4 May 2026, the Workplace Protection (Personal Violence) Act 2025 (SA) provides a mechanism for workplace protection known as a workplace protection order.

The Magistrates Court (or the Youth Court in relation to a youth) may issue a workplace protection order if satisfied that a person (the defendant) has engaged in personal violence in relation to a workplace and may engage in personal violence in relation to the workplace during the period that the order is proposed to operate [Workplace Protection (Personal Violence) Act 2025 (SA) s 9(1)].

Personal violence means any of the following behaviours in relation to another person [s 4]:

A workplace is a place where prescribed work is carried out for a business or undertaking [s 5(1)]. It includes any place where a worker goes while undertaking prescribed work. Prescribed work means work that requires direct interaction with members of the public (whether in person or otherwise) [s 5(3)]. This broad definition could include call centres, health and medical service providers, or any commercial premises with a reception or showroom or area that admits members of the public. Further types of work and workplaces may be included or excluded by regulation [s 5(3)].

An application for a workplace protection order may be made in relation to a particular workplace by an employer, the owner or occupier of the workplace premises, a representative of an employer association of which an employer is a member, a health and safety representative, and a union entitled to represent workers at the workplace [s 6(1)].

In deciding whether to make a workplace protection order, the court must consider a range of factors including the objects of the Act, any hardship that may be caused by the order, any previous personal violence of the defendant, any previous protection order or intervention order made in relation to the defendant (as well as any previous contraventions), and the need to protect property from damage [s 9(2)].

The court may make an interim workplace protection order if satisfied that it is necessary to ensure the safety of an affected person from personal violence or prevent substantial damage to workplace property [s 8]. An interim order will end when a workplace protection order is made or proceedings finalise, unless the order or the court states otherwise [see s 8(4)].

A workplace protection order and an interim workplace protection order may be made without the court considering the grounds for the order or hearing evidence if the defendant consents to the order [s 10]. Always seek legal advice before consenting to binding court orders.

All workplace protection orders (including interim orders) are subject to a condition that the defendant surrender any firearms, ammunition and firearms licence or permit in their possession to the Registrar of Firearms [s 11(1)(a)]. Orders may otherwise include any conditions the court considers necessary, having regard to the safety and protection of affected persons as the paramount consideration [s 11(1)(b), (2)]. A workplace protection order may:

The conditions imposed must be the least restrictive of the defendant's personal rights and liberties as possible while still achieving their protective purpose [s 11(3)].

Workplace protection orders come into force when served on the defendant [see s 12] and remain in force for 12 months, or a shorter period stated in the order, unless the court is satisfied exceptional circumstances justify a longer period [s 14]. Section 15 allows the original applicant, a protected person, and the defendant to apply for variation or revocation of a workplace protection order.

It is an offence to contravene a workplace protection order, with a maximum penalty of imprisonment for 2 years, or 5 years if the offence involves personal violence [s 16].