Fair Trading Amendment (Employment Placement Services) Act 2002 (NSW)

An Act to amend the Fair Trading Act 1987 with respect to employment placement services; to repeal the Employment Agents Act 1996; to amend the Fines Act 1996 and the Industrial Relations Act 1996 consequentially; and for other purposes.

1Name of Act

This Act is the Fair Trading Amendment (Employment Placement Services) Act 2002.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Fair Trading Act 1987 No 68

The Fair Trading Act 1987 is amended as set out in Schedule 1.

4Consequential amendment of other Acts

Each Act specified in Schedule 2 is amended as set out in that Schedule.

5Repeal of Employment Agents Act 1996 No 18 and Employment Agents Regulation 2001(1)

The Employment Agents Act 1996 is repealed.

(2)

The Employment Agents Regulation 2001 is repealed.

Schedule 1Amendment of Fair Trading Act 1987

(Section 3)

[1]Part 5C

Insert after Part 5B:

Part 5CEmployment placement services60PInterpretation(1)

In this Part, employment placement service means a service provided by a person as an agent for the purpose of:

• (a)

  finding or assisting to find a person to carry out work for a person seeking to have work carried out, or

• (b)

  finding or assisting to find employment for a person seeking to be employed,

whether or not the employment or work is to be undertaken or carried out pursuant to a contract of employment.

(2)

However, employment placement service does not include the publication of an advertisement for a person who is seeking to have work carried out or to be employed if that publication is the only service of a kind referred to in subsection (1) (a) or (b) that is provided to the person by the person arranging the publication.

(3)

This Part does not apply to or in respect of:

• (a)

  a model or modelling agency, or

• (b)

  a licensee under the Entertainment Industry Act 1989, or

• (c)

  a person or class of persons exempted (conditionally or unconditionally) from this Part by the regulations.

60QCertain fees and charges prohibited in connection with employment placement services(1)

A person must not demand or receive any fee, charge or other remuneration from a person seeking employment for the provision of employment placement services to the person in relation to the seeking of employment.

Maximum penalty: 50 penalty units.

(2)

It is immaterial whether the employment is to be carried out or undertaken pursuant to a contract of employment.

(3)

If any fee, charge or other remuneration is received in contravention of this section, the amount concerned may be recovered from the person to whom it was paid in a court of competent jurisdiction as a debt due to the person who paid the amount.

60RInformation standards(1)

The regulations may prescribe an information standard for employment placement services.

(2)

A prescribed information standard may contain either or both of the following:

• (a)

  requirements for information relating to employment placement services to be communicated to a person to whom the services are to be supplied,

• (b)

  requirements with respect to the type and form of information to be so communicated and the manner of communication.

(3)

A person who provides employment placement services must comply with the requirements of any information standard prescribed in accordance with this section.

[2]Schedule 5 Savings and transitional provisions

Insert at the end of clause 12 (1):

Fair Trading Amendment (Employment Placement Services) Act 2002

Schedule 2Consequential amendment of other Acts

(Section 4)

Fines Act 1996 No 99

Omit “Employment Agents Act 1996, section 29”.

Industrial Relations Act 1996 No 17

Omit “Employment Agents Act 1996” from clause 2 (1).