LABOUR HIRE LICENSING ACT 2018
Table of Provisions
PART 1--PRELIMINARY
Division 1--General
- 1 Purposes of Act
- 2 Commencement
- 3 Definitions
- 4 Objects of Act
- 5 Act binds the Crown
- 6 Extraterritorial application
Division 2--Core concepts
- 7 Meaning of provides labour hire services—general definition
- 8 Meaning of provides labour hire services—certain recruitment and placement services and contractor management services
- 9 Meaning of worker
- 10 Exceptions to when a person provides labour hire services
- 11 Exceptions to when an individual is a worker
- 12 Regulations may deal with certain matters
PART 2--PROHIBITED CONDUCT
- 13 Licence required to provide labour hire services
- 14 Licence required to advertise provision of labour hire services
- 15 Prohibition on entering into an arrangement for labour hire services with an unlicensed provider
- 16 Prohibition on avoidance arrangements
PART 3--LICENSING SYSTEM
Division 1--Applications
- 17 Person may apply for a licence
- 18 Persons who cannot make a valid application
- 19 Required information for applications
- 20 Application may be withdrawn
- 21 Authority may require applicant to give further information
Division 2--When a person is a fit and proper person
- 22 Fit and proper person
Division 3--Declarations relating to compliance with legal obligations
- 23 Compliance with legal obligations
Division 4--Grant, duration and renewal of licences
- 24 Grant and refusal to grant a licence
- 25 Notification of grant or refusal to grant a licence
- 26 Licence period
- 27 Licence is not transferable
- 28 Application for renewal of a licence
- 29 Renewal and refusal of application to renew a licence
- 30 Application may be withdrawn
- 31 Authority may require applicant to give further information
Division 5--Objections to applications
- 32 Objection to application
Division 6--Conditions and notices to comply
- 33 Licence conditions
- 34 Licence condition relating to information that must be provided annually
- 35 Annual licence fee
- 35A Waiver, reduction or refund of fees
- 36 Holder of a licence must comply with licence conditions
- 37 Authority may give the holder of a licence a notice to comply
Division 7--Variation, suspension and cancellation
- 38 Variation of licence
- 39 Suspension of licence
- 40 Cancellation of licence—general
- 41 Cancellation of licence on request
- 42 Show cause notice before variation or cancellation
Division 8--Obligations of holders of licences
- 43 Licence holder to notify of certain changes
- 44 Licence holder to notify of prescribed changes
- 45 Licence holder to take reasonable steps to ensure availability of nominated officers
- 46 Offence not to produce licence
Division 9--Authority may require information of applicants etc.
- 47 Authority may conduct inquiries and require further information or consent to disclosure of information
Division 10--Register of Licensed Labour Hire Providers and publication matters
- 48 Authority must maintain a Register of Licensed Labour Hire Providers
- 49 Publication of certain information permitted
PART 4--LABOUR HIRE LICENSING AUTHORITYAND LABOUR HIRE LICENSING COMMISSIONER
Division 1--Labour Hire Licensing Authority
- 50 Labour Hire Licensing Authority
- 51 Functions and powers of Authority
- 52 Power to delegate
- 53 Staff
- 54 Ministerial directions
Division 2--Labour Hire Licensing Commissioner
- 55 Appointment of Labour Hire Licensing Commissioner
- 56 Terms and conditions of appointment
- 57 Vacancy and resignation
- 58 Removal from office
- 59 Acting appointment
- 60 Functions and powers of Commissioner
- 61 Validity of acts and decisions
- 62 Immunity for carrying out functions
- 63 Guiding principles of the Commissioner
PART 5--INSPECTORS AND ENFORCEMENT
Division 1--Preliminary
Division 2--Inspection of documents and records
- 67 Documents to be available for inspection
- 68 Powers on production of documents
- 69 Where must documents be produced?
- 70 Order requiring supply of information and answers to questions
- 71 Service of documents
Division 3--Entry, search and seizure
- 72 Entry or search with consent
- 73 Entry of premises open to the public
- 74 Entry without consent or warrant
- 75 Search warrants
- 76 Form and content of search warrants
- 77 Announcement before entry
- 78 Seizure of things not described in the warrant
- 79 Embargo notice
- 80 Inspector may monitor compliance with embargo notice
- 81 Search warrants in relation to embargo notice
- 82 Retention and return of seized documents or things
- 83 Magistrates' Court may extend 3-month period
- 84 Requirement to assist inspector during entry
Division 4--Other matters
- 85 Other assistance in exercising powers
- 86 Prohibition of threats, discrimination etc. against a person
- 87 Offence to give false or misleading information
- 88 Offences in relation to inspections
- 89 Confidentiality
- 90 Infringements
- 91 Protection against self-incrimination
- 92 Complaints
PART 6--CIVIL PENALTIES
- 93 Civil action for contraventions
- 94 Civil penalty provisions
- 95 Persons involved in contravening civil penalty provision
- 96 Recovery of a pecuniary penalty
- 97 Civil proceedings after criminal proceedings
- 98 Criminal proceedings during civil proceedings
- 99 Criminal proceedings after civil proceedings
- 100 Evidence given in proceedings for pecuniary penalty order not admissible in criminal proceedings
- 101 Contravening a civil penalty provision is not an offence
PART 7--OTHER MATTERS
Division 1--Review by VCAT
- 102 Application for review of certain decisions by VCAT
Division 2--Secrecy provision
- 103 Secrecy provision
Division 3--Matters relating to proceedings
- 104 Who may commence proceedings?
- 105 Extension of time for prosecutions
- 106 Responsible agency for the Crown
- 107 Proceedings against successors to public bodies
Division 4--Guidelines
- 108 Authority may issue guidelines
Division 5--Codes of Practice
- 109 Codes of Practice
Division 6--Other matters
- 110 Conduct of officers, employees and agents of bodies corporate
- 111 Authority may rely on licence, approval etc. under prescribed law or scheme
- 112 Interstate licensees may be registered
- 113 Review of Act
Division 7--Regulations
- 114 Regulations
Division 8--Labour Hire Licensing Authority Account
- 115 Establishment of Labour Hire Licensing Authority Account
PART 8--TRANSITIONAL PROVISIONS
- 116 Definitions
- 117 No contravention of Part 2 during transition period or later if application on foot
- 118 Licence period—transitional
- 119 Information to be provided with application