The Unlawful Termination Assistance Scheme (UTAS)

As of 1 July 2009 the Department of Education, Employment and Workplace Relations (DEEWR) has discontinued the Unlawful Termination Assistance Scheme.

Changes to unfair dismissal laws under the Fair Work Act 2009, and Fair Work Australia’s focus on simpler processes, has rendered UTAS unnecessary and as such has been discontinued.  

As a transitional measure DEEWR will continue to accept UTAS applications from employees who believe they have been unlawfully terminated before 1 July 2009 and are therefore required to seek a remedy under the provisions of the Workplace Relations Act 1996. These transitional provisions will not extend beyond the 2009-2010 financial year, after which UTAS will cease in its entirety.

Under the Workplace Relations Act 1996 eligible applicants, who believe that his or her employment has been unlawfully terminated for any of the reasons listed in section 659 of the Workplace Relations Act 1996, may apply for financial assistance of up to $4000 (inclusive of GST) to obtain legal advice on the merits of that person’s claim.

The UTAS Scheme is administered by the Department of Employment and Workplace Relations (DEWR).

A party must make application to DEWR to participate in the scheme. Full details of the scheme, including an information brochure and the UTAS application forms are available on the Workchoices website https://www.workchoices.gov.au/, by contacting the Workchoices Infoline on 1300 363 264 or by sending an email to utas@dewr.gov.au.

The Queensland Law Society maintains a register of legal firms who have entered into an agreement with the Commonwealth to provide advice to eligible applicants in accordance with the Terms and Conditions for Participation in the Unlawful Termination Assistance Scheme. That is the only basis for entry on the register.

Please refer to the PDF below for a list of UTAS providers.

QLS Disclaimer

The choice of legal firm rests entirely with the party. The QLS does not make referrals or recommendations. The QLS, its officers and employees do not warrant or guarantee the individuals on the register to have any particular expertise or competency and are not liable in negligence or otherwise to any party for or in respect of any act or omission arising out of or in connection with UTAS.