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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Private Employment Agents
Bill 2005
Queensland
Private Employment Agents Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Meaning of private employment agent . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Code of conduct
5 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Employment Agents Advisory Committee
Division 1 Establishment and functions
7 Establishment of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Functions of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Membership of committee
9 Membership of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3 Meetings of committee
13 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4 Other provisions about committee
16 Conflict of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Entitlements of committee members . . . . . . . . . . . . . . . . . . . . . . 12
18 Chief executive to help committee . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 4 Inspectors
19 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Private Employment Agents Bill 2005
20 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 13
21 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 13
23 When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . 14
24 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 5 Enforcement
26 Power to enter place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 General powers after entering workplaces . . . . . . . . . . . . . . . . . . 16
28 Power to require documents to be produced . . . . . . . . . . . . . . . . 16
29 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
33 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
34 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 6 Injunctions
36 Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Who may apply for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Court's powers for injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42 Undertakings as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 7 Miscellaneous
43 Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Responsibility for acts or omissions of representatives . . . . . . . . 26
45 Executive officers must ensure corporation complies with Act. . . 27
46 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
48 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51 Declaration about use of information obtained under expired Act 29
Part 8 Amendment of Industrial Relations Act 1999
52 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3
Private Employment Agents Bill 2005
53 Amendment of s 408A (Definitions for ch 11A) . . . . . . . . . . . . . . 30
54 Amendment of s 408B (Meaning of private employment agent) . 30
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2005
A Bill
for
An Act about private employment agents
s1 6 s4
Private Employment Agents Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Private Employment Agents Act 4
2005. 5
2 Commencement 6
This Act commences on the later of-- 7
(a) 27 April 2005;1 or 8
(b) the date of assent of this Act. 9
3 Dictionary 10
The dictionary in the schedule defines particular terms used in 11
this Act. 12
4 Meaning of private employment agent 13
(1) A person is a private employment agent if the person, in the 14
course of carrying on business and for gain-- 15
(a) offers to find-- 16
(i) casual, part-time, temporary, permanent or contract 17
work for a person; or 18
(ii) a casual, part-time, temporary, permanent or 19
contract worker for a person; or 20
(b) negotiates the terms of contract work for a model or 21
performer; or 22
(c) administers a contract for a model or performer and 23
arranges payments under it; or 24
1 The Private Employment Agents Act 1983 expires on 26 April 2005.
s5 7 s6
Private Employment Agents Bill 2005
(d) provides career advice for a model or performer. 1
(2) However, a person is not a private employment agent only 2
because the person publishes-- 3
(a) for someone else, an advertisement about employment 4
opportunities; or 5
(b) an advertisement offering employment opportunities 6
with the person. 7
(3) Also, a person is not a private employment agent if, for an 8
agreed rate of payment to the person-- 9
(a) the person makes a worker of the person available to 10
perform work, whether under a contract of service or a 11
contract for service, for a client of the person; and 12
(b) the worker works under the client's direction; and 13
(c) the person is responsible for performing the obligations 14
owed by a person to the worker, including paying the 15
worker for the work. 16
Part 2 Code of conduct 17
5 Purpose of pt 2 18
The purpose of this part is to provide for a code of conduct as 19
the main way of regulating the conduct of private employment 20
agents in their relationships with persons looking for work or 21
for workers. 22
6 Code of conduct 23
(1) A regulation may include a code of conduct for private 24
employment agents (the code of conduct). 25
(2) The code of conduct may-- 26
(a) set conduct standards for private employment agents; 27
and 28
(b) establish principles for fair trading; and 29
s7 8 s8
Private Employment Agents Bill 2005
(c) provide for a system of complaint resolution; and 1
(d) state the type of work arrangements and commercial 2
operations covered by the code; and 3
(e) set recommended standards of competence and training 4
for private employment agents; and 5
(f) provide for disciplining private employment agents who 6
contravene the code; and 7
(g) state the records that private employment agents must 8
keep; and 9
(h) provide for a penalty for a contravention of the code of 10
not more than 14 penalty units. 11
Part 3 Employment Agents Advisory 12
Committee 13
Division 1 Establishment and functions 14
7 Establishment of committee 15
The Employment Agents Advisory Committee is established. 16
8 Functions of committee 17
(1) The committee has the functions given to it under this Act. 18
(2) The committee's functions include-- 19
(a) advising the chief executive on matters relating to the 20
content and operation of the code of conduct; and 21
(b) if asked by the chief executive--advising the chief 22
executive in relation to any matter arising under this Act 23
or the Industrial Relations Act 1999, chapter 11A.2 24
2 Industrial Relations Act 1999, chapter 11A (Fees charged by private employment
agents)
s9 9 s9
Private Employment Agents Bill 2005
(3) In performing its functions, the committee-- 1
(a) may consult with anyone the committee considers 2
appropriate; and 3
(b) may ask the chief executive to give the committee any 4
information, including copies of departmental records, 5
about a matter; and 6
(c) may do all things necessary or convenient to be done for, 7
or in connection with, the performance of its functions. 8
Division 2 Membership of committee 9
9 Membership of committee 10
(1) The committee consists of 6 members. 11
(2) The members are-- 12
(a) 1 person representing private employment agents whose 13
business includes seeking work for models or 14
performers; and 15
(b) 1 person representing private employment agents whose 16
business includes seeking work for workers other than 17
models or performers; and 18
(c) 1 person representing employee organisations 19
representing models or performers; and 20
(d) 1 person representing employee organisations 21
representing workers other than models or performers; 22
and 23
(e) 1 person independent of industry or employee 24
organisations (the independent person); and 25
(f) 1 person who is an officer of the department appointed 26
by the chief executive. 27
(3) The members mentioned in subsection (2)(a) to (e) are to be 28
appointed by the Minister. 29
(4) A member mentioned in subsection (2)(a), (b), (c) or (d) may 30
be a representative of an organisation representing private 31
s 10 10 s 13
Private Employment Agents Bill 2005
employment agents or employee organisations mentioned in 1
the relevant paragraph. 2
10 Chairperson 3
The independent person is the chairperson of the committee. 4
11 Term of office 5
A member is appointed for a term of not more than 3 years 6
stated in the instrument of appointment and may be 7
reappointed for a further term or terms of not more than 8
3 years. 9
12 Vacation of office 10
The office of a member appointed by the Minister under 11
section 9(3) becomes vacant if-- 12
(a) the member ceases to be a person who may become a 13
member; or 14
(b) the member is absent from 3 consecutive meetings of 15
the committee, without the committee's leave and 16
without reasonable excuse; or 17
(c) the member resigns from office by signed notice of 18
resignation given to the Minister. 19
Division 3 Meetings of committee 20
13 Presiding at meetings 21
(1) The chairperson is to preside at committee meetings. 22
(2) However, if the chairperson is absent from a meeting, the 23
members present must choose a member who is present to 24
preside. 25
s 14 11 s 16
Private Employment Agents Bill 2005
14 Quorum 1
A quorum exists at a committee meeting if 4 or more 2
members are present. 3
15 Conduct of meetings 4
(1) The committee is to meet regularly to perform its functions. 5
(2) The meetings are to be-- 6
(a) called by the chairperson; and 7
(b) held when the chairperson decides. 8
(3) The committee may otherwise conduct its business, including 9
its meetings, in the way it considers appropriate. 10
Division 4 Other provisions about committee 11
16 Conflict of interest 12
(1) A member must not take part in a discussion about, or vote on, 13
an issue in which the member has a direct or indirect interest. 14
(2) A member is taken to have an interest in an issue if, because 15
of the issue, a benefit will, or is likely to, be gained by-- 16
(a) the member; or 17
(b) an associate of the member. 18
(3) However, the member does not have an interest in an issue 19
only because the member belongs to-- 20
(a) an industrial organisation of employees representing a 21
person involved in the issue, unless the member was 22
involved personally in representing the person; or 23
(b) an association of private employment agents involved in 24
the issue, unless the member was involved personally in 25
the issue. 26
(4) In this section-- 27
associate, of a member, means any of the following-- 28
(a) a member of the member's immediate family; 29
s 17 12 s 19
Private Employment Agents Bill 2005
(b) a person who-- 1
(i) is in a business arrangement or relationship with 2
the member; or 3
(ii) is employed by, or employs, the member. 4
immediate family includes-- 5
(a) the employee's spouse; and 6
(b) a child, stepchild, adopted child, foster (or former 7
foster) child, parent, grandparent, grandchild or sibling 8
of the member or member's spouse. 9
17 Entitlements of committee members 10
A member, other than the member mentioned in 11
section 9(2)(f), is entitled to be paid the fees, allowances and 12
expenses decided by the Minister. 13
18 Chief executive to help committee 14
The chief executive is to give the committee reasonable help 15
to perform its functions. 16
Part 4 Inspectors 17
19 Appointment and qualifications 18
(1) The chief executive may appoint any of the following persons 19
as an inspector-- 20
(a) an officer of the department; 21
(b) a person prescribed under a regulation. 22
(2) However, the chief executive may appoint a person as an 23
inspector only if-- 24
(a) the chief executive is satisfied the person is qualified for 25
appointment because the person has the necessary 26
expertise or experience; or 27
s 20 13 s 22
Private Employment Agents Bill 2005
(b) the person has satisfactorily finished training approved 1
by the chief executive. 2
20 Appointment conditions and limit on powers 3
(1) An inspector holds office on any conditions stated in-- 4
(a) the inspector's instrument of appointment; or 5
(b) a signed notice given to the inspector; or 6
(c) a regulation. 7
(2) The instrument of appointment, a signed notice given to the 8
inspector or a regulation may limit the inspector's powers 9
under this Act. 10
(3) In this section-- 11
signed notice means a notice signed by the chief executive. 12
21 Issue of identity card 13
(1) The chief executive must issue an identity card to each 14
inspector. 15
(2) The identity card must-- 16
(a) contain a recent photo of the inspector; and 17
(b) contain a copy of the inspector's signature; and 18
(c) identify the person as an inspector under this Act; and 19
(d) state an expiry date for the card. 20
(3) This section does not prevent the issue of a single identity 21
card to a person for this Act and for other purposes. 22
23
Example for subsection (3)--
24
If the inspector is also an inspector under the Industrial Relations
25
Act 1999, the chief executive under that Act, and the chief executive
26
under this Act, could together issue a combined identity card covering
27
the purposes of both Acts.
22 Production or display of identity card 28
(1) In exercising a power under this Act in relation to a person, an 29
inspector must-- 30
s 23 14 s 25
Private Employment Agents Bill 2005
(a) produce the inspector's identity card for the person's 1
inspection before exercising the power; or 2
(b) have the identity card displayed so it is clearly visible to 3
the person when exercising the power. 4
(2) However, if it is not practicable to comply with subsection (1), 5
the inspector must produce the identity card for the person's 6
inspection at the first reasonable opportunity. 7
(3) For subsection (1), an inspector does not exercise a power in 8
relation to a person only because the inspector, as authorised 9
under this Act, enters-- 10
(a) a public place when it is open to the public; or 11
(b) a place for the purpose of asking the occupier of the 12
place for consent to enter. 13
23 When inspector ceases to hold office 14
(1) An inspector ceases to hold office if any of the following 15
happens-- 16
(a) the term of office stated in a condition of office ends; 17
(b) under another condition of office, the inspector ceases to 18
hold office; 19
(c) the inspector's resignation takes effect. 20
(2) Subsection (1) does not limit the ways an inspector may cease 21
to hold office. 22
(3) In this section-- 23
condition of office means a condition on which the inspector 24
holds office. 25
24 Resignation 26
An inspector may resign by signed notice given to the chief 27
executive. 28
25 Return of identity card 29
A person who ceases to be an inspector must return the 30
person's identity card to the chief executive within 21 days 31
s 26 15 s 26
Private Employment Agents Bill 2005
after ceasing to be an inspector, unless the person has a 1
reasonable excuse. 2
Maximum penalty--14 penalty units. 3
Part 5 Enforcement 4
26 Power to enter place 5
(1) An inspector may, without an occupier's consent, enter a place 6
if-- 7
(a) it is a public place and the entry is made when it is open 8
to the public; or 9
(b) it is a workplace and the entry is made when-- 10
(i) the workplace is open for carrying on business; or 11
(ii) the workplace is otherwise open for entry. 12
(2) If the workplace is in, on or near domestic premises, an 13
inspector may, without the occupier's consent-- 14
(a) enter the land around the premises to an extent that is 15
reasonable to contact the occupier; or 16
(b) enter part of the place the inspector reasonably 17
considers members of the public are ordinarily allowed 18
to enter when they wish to contact the occupier. 19
(3) Power to enter a place under this section does not include 20
power to enter a place, or any part of a place, that is used for 21
residential purposes without the consent of the occupier. 22
(4) In this section-- 23
domestic premises means premises usually occupied as a 24
private dwelling house. 25
workplace means a place in or on which the inspector 26
reasonably believes the business of a private employment 27
agent is, has been, or is about to be carried out. 28
s 27 16 s 28
Private Employment Agents Bill 2005
27 General powers after entering workplaces 1
(1) This section applies to an inspector who enters a workplace 2
under section 26. 3
(2) For monitoring or enforcing compliance with this Act, the 4
inspector may-- 5
(a) inspect, photograph or film any part of the workplace or 6
anything at the workplace; or 7
(b) copy a document at the workplace; or 8
(c) take into or onto the workplace the persons, equipment 9
and materials the inspector reasonably requires for 10
exercising a power under this part; or 11
(d) require a person at the workplace to give the inspector 12
reasonable help to exercise the powers under 13
paragraphs (a) to (c). 14
(3) When making a requirement under subsection (2)(d), the 15
inspector must warn the person it is an offence to fail to 16
comply with the requirement, unless the person has a 17
reasonable excuse. 18
(4) A person required to give reasonable help under 19
subsection (2)(d) must comply with the requirement, unless 20
the person has a reasonable excuse. 21
Maximum penalty for subsection (4)--14 penalty units. 22
28 Power to require documents to be produced 23
(1) An inspector may require a person the inspector reasonably 24
believes is a private employment agent to produce for 25
inspection, at a reasonable time and place nominated by the 26
inspector, a stated document relating to the business of the 27
private employment agent. 28
(2) The person must produce the document, unless the person has 29
a reasonable excuse. 30
Maximum penalty--14 penalty units. 31
(3) It is a reasonable excuse for an individual to fail to comply 32
with the requirement if doing so might tend to incriminate the 33
individual. 34
s 29 17 s 29
Private Employment Agents Bill 2005
(4) The inspector may keep the document to copy it. 1
(5) If the inspector copies a document produced by a person to the 2
inspector, the inspector may require the person to certify the 3
copy as a true copy of the document. 4
(6) The person must certify the copy, unless the person has a 5
reasonable excuse. 6
Maximum penalty--14 penalty units. 7
(7) The inspector must return the document to the person as soon 8
as practicable after copying it. 9
29 Power to require information 10
(1) An inspector may, during business hours-- 11
(a) question in relation to matters under this Act-- 12
(i) a private employment agent; or 13
(ii) a person found in or on a place in or on which the 14
inspector reasonably suspects the business of a 15
private employment agent is being, or is about to 16
be, carried on; and 17
(b) require the agent or person to give the inspector 18
information to help the inspector ascertain whether this 19
Act is being, has been or will be complied with. 20
(2) When making the requirement, the inspector must warn the 21
person it is an offence not to comply with the requirement, 22
unless the person has a reasonable excuse. 23
(3) The person must comply with the requirement, unless the 24
person has a reasonable excuse. 25
Maximum penalty--14 penalty units. 26
(4) It is a reasonable excuse for an individual to fail to comply 27
with the requirement if doing so might tend to incriminate the 28
individual. 29
(5) The power to question a person includes power to question the 30
person out of anyone else's hearing. 31
s 30 18 s 32
Private Employment Agents Bill 2005
30 Power to seize evidence 1
(1) An inspector may seize a thing at a workplace the inspector 2
enters under this part if the inspector reasonably believes-- 3
(a) the thing is evidence of an offence against this Act; and 4
(b) the seizure is necessary to prevent the thing being 5
hidden, lost or destroyed or used to continue or repeat 6
the offence. 7
(2) Also, an inspector may seize a thing at a workplace the 8
inspector enters under this part if the inspector reasonably 9
believes the thing has just been used in committing an offence 10
against this Act. 11
31 Powers supporting seizure 12
(1) Having seized a thing, an inspector may-- 13
(a) move the thing from the workplace where it was seized 14
(the place of seizure); or 15
(b) leave the thing at the place of seizure but take reasonable 16
action to restrict access to it. 17
(2) If an inspector restricts access to a seized thing, a person must 18
not tamper, or attempt to tamper, with the thing or something 19
restricting access to the thing without an inspector's approval. 20
Maximum penalty for subsection (2)--14 penalty units. 21
32 Receipt for seized thing 22
(1) As soon as practicable after an inspector seizes a thing, the 23
inspector must give a receipt for it to the person from whom it 24
was seized. 25
(2) However, if it is not practicable to comply with subsection (1), 26
the inspector must leave the receipt in a conspicuous position 27
and in a reasonably secure way at the place of seizure. 28
(3) The receipt must describe generally the thing seized and its 29
condition. 30
(4) This section does not apply to a thing if it is impracticable or 31
would be unreasonable to give the receipt required by the 32
section, given the thing's nature, condition and value. 33
s 33 19 s 34
Private Employment Agents Bill 2005
33 Forfeiture of seized thing 1
(1) A seized thing is forfeited to the State if the inspector who 2
seized the thing-- 3
(a) can not find its owner after making reasonable inquiries; 4
or 5
(b) can not return it to its owner, after making reasonable 6
efforts; or 7
(c) reasonably believes it is necessary to keep the thing to 8
prevent it being used to commit an offence against this 9
Act. 10
(2) Subsection (1)(a) does not require the inspector to make 11
inquiries if it would be unreasonable to make inquiries to find 12
the owner. 13
(3) Subsection (1)(b) does not require the inspector to make 14
efforts if it would be unreasonable to make efforts to return 15
the thing to its owner. 16
(4) If the inspector decides to forfeit a thing under 17
subsection (1)(c), the inspector must tell the owner of the 18
decision and the reasons for the decision by written notice. 19
(5) Subsection (4) does not apply if-- 20
(a) the inspector can not find its owner, after making 21
reasonable inquiries; or 22
(b) it is impracticable or would be unreasonable to give the 23
notice. 24
(6) In deciding whether, and if so what, inquiries or efforts are 25
reasonable, or whether it would be unreasonable to give notice 26
about a thing, regard must be had to the thing's nature, 27
condition and value. 28
34 Return of seized thing 29
(1) If a seized thing has not been forfeited, the inspector must 30
return it to its owner-- 31
(a) at the end of 6 months; or 32
s 35 20 s 37
Private Employment Agents Bill 2005
(b) if a proceeding for an offence involving it is started 1
within 6 months, at the end of the proceeding and any 2
appeal from the proceeding. 3
(2) However, unless the thing has been forfeited, the inspector 4
must immediately return a thing seized as evidence to its 5
owner if the inspector stops being satisfied its continued 6
retention as evidence is necessary. 7
35 Access to seized thing 8
(1) Until a seized thing is forfeited or returned, an inspector must 9
allow its owner to inspect it and, if it is a document, to copy it. 10
(2) Subsection (1) does not apply if it is impracticable or would 11
be unreasonable to allow the inspection or copying. 12
Part 6 Injunctions 13
36 Purpose of pt 6 14
(1) The purpose of this part is to provide a way of ensuring 15
private employment agents may be restrained from engaging 16
in conduct that may bring the private employment agents 17
industry into disrepute or from acting as a private employment 18
agent. 19
(2) For the purposes of this part, the conduct or proposed conduct 20
of a private employment agent includes conduct engaged in, 21
or proposed to be engaged in, for the private employment 22
agent by an executive officer or employee of the private 23
employment agent. 24
37 Injunctions 25
An injunction under this part may be granted by the District 26
Court against a private employment agent at any time 27
restraining the private employment agent from either or both 28
of the following-- 29
s 38 21 s 39
Private Employment Agents Bill 2005
(a) engaging in stated conduct; 1
(b) acting as a private employment agent. 2
38 Who may apply for injunction 3
The following persons may apply to the court for an 4
injunction-- 5
(a) the chief executive; 6
(b) an organisation, or an officer or member of an 7
organisation, as defined under the Industrial Relations 8
Act 1999, section 409; 9
(c) a person who has a sufficient interest in the matter to 10
which the application relates; 11
(d) a State peak council as defined under the Industrial 12
Relations Act 1999. 13
39 Grounds for injunction 14
(1) The court may grant an injunction if the court is satisfied that 15
a private employment agent-- 16
(a) has engaged, or is proposing to engage, in conduct that 17
constitutes or would constitute-- 18
(i) a contravention of a declared provision; or 19
(ii) attempting to contravene a declared provision; or 20
(iii) aiding, abetting, counselling or procuring a person 21
to contravene a declared provision; or 22
(iv) inducing or attempting to induce, whether by 23
threats, promises or otherwise, a person to 24
contravene a declared provision; or 25
(v) being in any way, directly or indirectly, knowingly 26
concerned in, or party to, the contravention by a 27
person of a declared provision; or 28
(vi) conspiring with others to contravene a declared 29
provision; or 30
(b) has been convicted of a contravention of a declared 31
provision or convicted of a serious offence or has, as an 32
s 39 22 s 39
Private Employment Agents Bill 2005
executive officer, a person who has been convicted of a 1
contravention of a declared provision or has been 2
convicted of a serious offence; or 3
(c) has knowingly employed, or continued to employ, a 4
person who has been convicted of-- 5
(i) a contravention of a declared provision; or 6
(ii) a serious offence; 7
in relation to an activity performed for the private 8
employment agency that it is inappropriate for the 9
person to perform, having regard to the nature of the 10
contravention or serious offence; or 11
(d) has not paid a person an amount the private employment 12
agent is required to pay under an order made under the 13
Industrial Relations Act 1999, section 408E, 408F or 14
408G3 or a corresponding law to the section. 15
(2) However, the court may grant the injunction only if the court 16
is satisfied that having regard to the nature of the conduct 17
complained of and, if the conduct complained of is a 18
contravention of a declared provision or is a serious offence, 19
the circumstances of the contravention or offence-- 20
(a) the conduct complained of should be restrained; or 21
(b) the person is not an appropriate person to act as a private 22
employment agent. 23
(3) In this section-- 24
convicted, of a contravention of a declared provision or of a 25
serious offence, means being found guilty of a contravention 26
of a declared provision or of a serious offence, on a plea of 27
guilty or otherwise, whether or not-- 28
(a) a conviction was recorded; or 29
(b) the finding of guilt was before or after the 30
commencement of this section; or 31
3 Industrial Relations Act 1999, section 408E (Magistrate may order repayment of
fees received by private employment agent in criminal proceedings), 408F
(Commission may order repayment of fees received by private employment agent)
or 408G (Magistrate may order repayment of fees received by private employment
agent in civil proceedings)
s 39 23 s 39
Private Employment Agents Bill 2005
(c) for a finding that an employee or executive officer was 1
guilty of a contravention of a declared provision or of a 2
serious offence--the finding was before the employee or 3
executive officer became an employee or executive 4
officer. 5
corresponding law, to this Act or a provision of the Industrial 6
Relations Act 1999 mentioned in this Act, means a law of 7
another State that provides generally for the same matter as 8
this Act or the provision. 9
declared provision means-- 10
(a) a provision of this Act or a corresponding law to this 11
Act; or 12
(b) a provision of the code of conduct declared by 13
regulation to be a provision to which this part applies; or 14
(c) the Industrial Relations Act 1999, section 408D(1) 15
or (2) or a corresponding law to the Industrial Relations 16
Act 1999, section 408D(1) or (2).4 17
offence of a sexual nature means an offence defined in the 18
Criminal Code, section 208, 209, 210, 213, 215, 216, 217, 19
218, 218A, 219, 221, 227, 228, 229B, 323A, 323B or 363A or 20
chapter 32.5 21
serious offence means-- 22
(a) offences involving the following for which the 23
maximum penalty is at least 3 years imprisonment-- 24
(i) stealing, fraud, receiving or other dishonesty; 25
4 Industrial Relations Act 1999, section 408D (When fees are or are not payable to
private employment agent)
5 Criminal Code, section 208 (Unlawful sodomy), 209 (Attempted sodomy), 210
(Indecent treatment of children under 16), 213 (Owner etc. permitting abuse of
children on premises), 215 (Carnal knowledge with or of children under 16), 216
(Abuse of intellectually impaired persons), 217 (Procuring young persons etc, for
carnal knowledge), 218 (Procuring sexual acts by coercion etc.), 218A (Using
internet etc. to procure children under 16), 219 (Taking child for immoral purposes),
221 (Conspiracy to defile), 227 (Indecent acts), 228 (Obscene publications and
exhibitions), 229B (Maintaining a sexual relationship with a child), 323A (Female
genital mutilation), 323B (Removal of child from State for female genital
mutilation) or 363A (Abduction of child under 16) or chapter 32 (Rape and sexual
assaults)
s 40 24 s 41
Private Employment Agents Bill 2005
(ii) unlawful trafficking of drugs; 1
(iii) unlawful use or threatened use of violence; 2
(iv) extortion; 3
(v) arson; 4
(vi) stalking; or 5
(b) an offence of a sexual nature; or 6
(c) an offence of attempting or conspiring to commit an 7
offence mentioned in paragraph (a) or (b); or 8
(d) an offence committed in another State that, if committed 9
in Queensland, would be an offence mentioned in 10
paragraph (a), (b) or (c). 11
40 Court's powers for injunctions 12
(1) The power of the court to grant an injunction restraining a 13
person from engaging in conduct (however described) may be 14
exercised-- 15
(a) whether or not it appears to the court that the person 16
intends to engage again, or to continue to engage, in 17
conduct of that kind; and 18
(b) whether or not the person has previously engaged in 19
conduct of that kind. 20
(2) An interim injunction may be granted under this part until the 21
application is finally decided. 22
(3) The court may rescind or vary an injunction at any time. 23
41 Terms of injunction 24
(1) The court may grant an injunction in the terms the court 25
considers appropriate. 26
(2) Without limiting the court's power under subsection (1), an 27
injunction may be granted restraining a person from engaging 28
in stated conduct or acting as a private employment agent-- 29
(a) for a stated period; or 30
(b) except on stated terms and conditions. 31
s 42 25 s 43
Private Employment Agents Bill 2005
(3) Subsection (2) applies whether or not engaging in stated 1
conduct or acting as a private employment agent is part of, or 2
incidental to, the carrying on of another business. 3
(4) Also, the court may grant an injunction requiring a person to 4
take stated action, including action to disclose information or 5
publish advertisements, to remedy any adverse consequences 6
of the person's contravention of this Act. 7
42 Undertakings as to costs 8
If the chief executive applies for an injunction under this part, 9
no undertaking as to damages or costs may be required or 10
made. 11
Part 7 Miscellaneous 12
43 Criminal history checks 13
(1) This section applies only to the extent necessary to enable the 14
chief executive to decide whether to apply for an injunction 15
against a private employment agent under part 6.6 16
(2) The chief executive may ask the commissioner of the police 17
service for a written report about-- 18
(a) the private employment agent's criminal history; or 19
(b) the criminal history of-- 20
(i) an executive officer of a corporation that is a 21
private employment agent; or 22
(ii) an employee of a private employment agent. 23
(3) Subject to subsection (4), the commissioner of the police 24
service must give the report to the chief executive. 25
(4) The duty imposed on the commissioner of the police service 26
to comply with the request applies only to information in the 27
6 Part 6 (Injunctions)
s 44 26 s 44
Private Employment Agents Bill 2005
commissioner's possession or to which the commissioner has 1
access. 2
(5) If, after making the decision mentioned in subsection (1), the 3
person's criminal history report is no longer required to be 4
kept for the purposes of part 6, the chief executive must 5
destroy the report. 6
(6) In this section-- 7
criminal history, of a person, includes a finding of guilty of an 8
offence, on a plea of guilty or otherwise, whether or not a 9
conviction was recorded. 10
44 Responsibility for acts or omissions of representatives 11
(1) This section applies in a proceeding for an offence against this 12
Act. 13
(2) If it is relevant to prove a person's state of mind about a 14
particular act or omission, it is enough to show-- 15
(a) the act was done or omitted to be done by a 16
representative of the person within the scope of the 17
representative's actual or apparent authority; and 18
(b) the representative had the state of mind. 19
(3) An act done or omitted to be done for a person by a 20
representative of the person within the scope of the 21
representative's actual or apparent authority is taken to have 22
been done or omitted to be done also by the person, unless the 23
person proves the person could not, by the exercise of 24
reasonable diligence, have prevented the act or omission. 25
(4) In this section-- 26
representative means-- 27
(a) of a corporation--an executive officer, employee or 28
agent of the corporation; or 29
(b) of an individual--an employee or agent of the 30
individual. 31
state of mind, of a person, includes-- 32
(a) the person's knowledge, intention, opinion, belief or 33
purpose; and 34
s 45 27 s 46
Private Employment Agents Bill 2005
(b) the person's reasons for the intention, opinion, belief or 1
purpose. 2
45 Executive officers must ensure corporation complies 3
with Act 4
(1) The executive officers of a corporation must ensure that the 5
corporation complies with this Act. 6
(2) If a corporation commits an offence against a provision of this 7
Act, each of the executive officers of the corporation also 8
commit an offence, namely, the offence of failing to ensure 9
that the corporation complies with the provision. 10
Maximum penalty--the penalty for the contravention of the 11
provision by an individual. 12
(3) Evidence that the corporation has committed an offence 13
against a provision of this Act is evidence that each of the 14
executive officers committed the offence of failing to ensure 15
that the corporation complies with the provision. 16
(4) However, it is a defence for an executive officer to prove 17
that-- 18
(a) the officer was not in a position to influence the conduct 19
of the corporation in relation to the offence; or 20
(b) if the officer was in a position to influence the conduct 21
of the corporation in relation to the offence--the officer 22
took all reasonable steps to ensure the corporation 23
complied with the provision. 24
(5) For subsection (4)(b), it is sufficient for the executive officer 25
to prove that the act or omission that was the offence was done 26
or made without the officer's knowledge despite the officer 27
having taken all reasonable steps to ensure the corporation 28
complied with the provision. 29
46 Proceedings for offences 30
(1) A prosecution for a charge of an offence against this Act must 31
be by way of summary proceedings before an industrial 32
magistrate. 33
s 47 28 s 49
Private Employment Agents Bill 2005
(2) A prosecution for an offence against this Act must be 1
commenced within the later of the following-- 2
(a) 1 year after the offence is committed; 3
(b) 6 months after the commission of the offence comes to 4
the complainant's knowledge, but within 2 years after 5
the commission of the offence. 6
(3) The Industrial Relations Act 1999 and the rules made under 7
that Act apply, with necessary changes, in relation to a 8
proceeding before an industrial magistrate for a charge of an 9
offence against this Act. 10
47 Appeal 11
A person who is dissatisfied with the decision of an Industrial 12
Magistrates Court in a proceeding for a charge of an offence 13
against this Act may appeal to the Industrial Court. 14
48 Evidentiary provisions 15
In a proceeding under this Act-- 16
(a) the appointment as inspector of a person claiming to be, 17
or stated to be, an inspector and the authority of an 18
inspector to take proceedings, or do any act, must be 19
presumed, until the contrary is proved; and 20
(b) a document appearing to be a copy of a request made, or 21
a notice issued, by an inspector under this Act is 22
evidence of what it states; and 23
(c) the authority of a person to accept service of a document 24
on behalf of another must be presumed in the absence of 25
evidence to the contrary. 26
49 Protection from liability 27
(1) An indemnified person is not civilly liable for an act done, or 28
omission made, honestly and without negligence under this 29
Act. 30
(2) If subsection (1) prevents a civil liability attaching to the 31
person, the liability attaches itself to the State. 32
s 50 29 s 52
Private Employment Agents Bill 2005
(3) In this section-- 1
indemnified person means any of the following-- 2
(a) the Minister; 3
(b) a member of the committee; 4
(c) the chief executive; 5
(d) an inspector. 6
50 Regulation-making power 7
(1) The Governor in Council may make regulations under this 8
Act. 9
(2) A regulation may impose a penalty for a contravention of the 10
regulation of not more than 14 penalty units. 11
51 Declaration about use of information obtained under 12
expired Act 13
(1) It is declared that information obtained under the expired Act 14
about the activities or conduct of a person who held a licence 15
as a private employment agent under that Act may be used in a 16
proceeding against the person under part 67 of this Act. 17
(2) In this section-- 18
expired Act means the Private Employment Agents Act 1983 19
as in force from time to time before its expiry. 20
Part 8 Amendment of Industrial 21
Relations Act 1999 22
52 Act amended in pt 8 23
This part amends the Industrial Relations Act 1999. 24
7 Part 6 (Injunctions)
s 53 30 s 54
Private Employment Agents Bill 2005
53 Amendment of s 408A (Definitions for ch 11A) 1
Section 408A, definition performer, after `whose work is'-- 2
insert-- 3
`to compete in sport or'. 4
54 Amendment of s 408B (Meaning of private employment 5
agent) 6
Section 408B(3)-- 7
omit, insert-- 8
`(3) Also, a person is not a private employment agent if, for an 9
agreed rate of payment to the person-- 10
(a) the person makes a worker of the person available to 11
perform work, whether under a contract of service or a 12
contract for service, for a client of the person; and 13
(b) the worker works under the client's direction; and 14
(c) the person is responsible for performing the obligations 15
owed by a person to the worker, including paying the 16
worker for the work.'. 17
31
Private Employment Agents Bill 2005
Schedule Dictionary 1
section 3 2
code of conduct see section 6.8 3
executive officer, of a corporation, means a person, by 4
whatever name called and whether or not the person is a 5
director of the corporation, who is concerned, or takes part, in 6
the management of the corporation. 7
inspector means a person who holds an appointment as an 8
inspector under section 19.9 9
model means a person whose work is to-- 10
(a) pose for a painter, photographer, sculptor or other artist; 11
or 12
(b) put on articles of clothing or accessories, including, for 13
example, jewellery, hats and shoes, and display them to 14
customers, the public or for advertising purposes; or 15
(c) display a hairstyle or other personal body ornamentation 16
or decoration. 17
performer means a person whose work is to compete in sport 18
or to act, dance, mime, perform, play, sing or speak in 19
advertising or for entertainment. 20
private employment agent see section 4.10 21
publish includes-- 22
(a) publish in writing or in any other form of media; and 23
(b) cause to be published. 24
reasonably believe means believe on grounds that are 25
reasonable in the circumstances. 26
8 Section 6 (Code of conduct)
9 Section 19 (Appointment and qualifications)
10 Section 4 (Meaning of private employment agent)
32
Private Employment Agents Bill 2005
© State of Queensland 2005
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