Draft Vic labour hire regs released for consultation

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Draft Vic labour hire regs released for consultation

HR managers, employers and other interested parties can now have their say on the Victorian Labour Hire Licensing Regulations, which were released in draft recently.

HR managers, employers and other interested parties can now have their say on the Victorian Labour Hire Licensing Regulations, which were released in draft recently. 

The regulations are anticipated to take effect early to mid-2019. 

The regulations flesh out the Labour Hire Licencing Act (Vic) which was passed by the State Parliament on 20 June 2018. The legislation has been controversial as it prohibits buying labour hire services from an unlicensed provider and imposes steep fines on persons who do.

An individual person can be fined 800 penalty units ($128,952 at the time of writing this article) and a body corporate 3200 penalty units (currently $515,808). 

Labour Hire Licensing Regulations – a summary

  • prescribes which persons, organisations and activities are affected by the Act and under what circumstances
  • sets out requirements for the application and renewal of a labour hire licence along with fees, forms, documentary evidence, provision of information and conditions
  • prescribes requirements for registration with the ATO and WorkSafe Victoria
  • defines numerous terms
  • defines when an individual is specifically not a worker for the purpose of the Act (e.g. secondees and students among others)
  • sets a range of infringement offences that are punishable by small fines (ranging from one penalty unit (currently $161.19 at the time of writing) up to 60 penalty units for a body corporate)  
  • sets a range of fees (expressed in the form of “fee units”, which are currently set at $14.45 per fee unit) for a range of activities such as applying or renewing a licence. 

Labour hire licensing around Australia – an update


The Victorian draft regulations are the latest stage in creating a licensing scheme for the provision of labour hire services in that State. 

Creation of such licensing schemes is being rolled out in Australian Labor Party-governed jurisdictions around Australia. Queensland already has a set of such laws in place. South Australia also has a set of labour hire licensing laws which were introduced in 2018 under the previous ALP government of Jay Weatherill. However, since the 2018 election of the Steven Marshall (Liberal) administration, the state regulator, “Consumer and Business Services,” will not enforce the licensing requirements until at least 1 February 2019 pending further considerations. 

Meanwhile, in New South Wales, the opposition ALP leader Luke Foley has vowed to introduce a labour hire licensing scheme in that state.

Federal labor politicians have also sworn to introduce a national labour-hire licensing scheme.

Have your say


Interested readers can comment on the draft Victorian regulations by emailing a submission to  irv.info@ecodev.vic.gov.au by close of business on Wednesday 5 September 2018. The Victorian state government is also specifically seeking input to a range of questions.

Further reading


Exposure draft regulations

Regulatory Impact Statement

State government webpage on the Victorian labour Hire Licensing Scheme. 






 
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