New South Wales Bills Explanatory Notes

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EMPLOYMENT AGENTS BILL 1996

[Act 1996 No 18]
New South Wales
Employment Agents Bill 1996

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

This Bill is cognate with the Industrial Relations Bill 1996.

Overview of Bill

The object of this Bill is to enact as a separate Act the provisions of Chapter
7 of the Industrial Relations Act 1991 relating to the regulation of private
employment agents as a consequence of the repeal of that Act by the
proposed Industrial Relations Act 1996. The provisions are re-enacted
without any modifications other than of a minor or consequential nature.

Employment Agents Bill 1996 [Act 1996 No 18]
Explanatory note

Outline of provisions

Part 1

Preliminary

Clauses 1-4 contain preliminary provisions (including the name of the
proposed Act and relevant definitions).

Part 2

Licensing of business of employment agents

Clauses 5-18 continue the requirements for persons carrying on the business
of private employment agents to be licensed. Licences are issued by the
Director-General of the Department of Industrial Relations.

Part 3

Conduct of business of employment agents

Clauses 19-22 continue provisions regulating the business of a private
employment agent. In particular:

(a) a licensee may only charge employers (and not prospective employees)
fees for finding persons work.

(b) a licensee is required to keep information about the conduct of the
licensee's business and make it available for official inspection.

(c) a licensee must not advertise positions that are not in fact available.

Part 4

Miscellaneous

Clauses 23-33 contain miscellaneous provisions. In particular, the clauses
provide exemptions for licensees under the Entertainment Industry Act 1989,
penalty notices for offences and for the review of the proposed Act.

Schedule 1

Savings, transitional and other provisions

The schedule contains relevant provisions for a savings and transitional
nature consequent on the repeal of the Industrial Relations Act 1991 and the
enactment of the proposed Act.

Explanatory note page 2

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