Version No. 006
Labour Hire Licensing Act 2018
No. 25 of 2018
Version incorporating amendments as at
1 July 2021
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
Division 1—General
1Purposes of Act
2Commencement
3Definitions
4Objects of Act
5Act binds the Crown
6Extraterritorial application
Division 2—Core concepts
7Meaning of provides labour hire services—general definition
8Meaning of provides labour hire services—certain recruitment and placement services and contractor management services
9Meaning of worker
10Exceptions to when a person provides labour hire services
11Exceptions to when an individual is a worker
12Regulations may deal with certain matters
Part 2—Prohibited conduct
13Licence required to provide labour hire services
14Licence required to advertise provision of labour hire services
15Prohibition on entering into an arrangement for labour hire services with an unlicensed provider
16Prohibition on avoidance arrangements
Part 3—Licensing system
Division 1—Applications
17Person may apply for a licence
18Persons who cannot make a valid application
19Required information for applications
20Application may be withdrawn
21Authority may require applicant to give further information
Division 2—When a person is a fit and proper person
22Fit and proper person
Division 3—Declarations relating to compliance with legal obligations
23Compliance with legal obligations
Division 4—Grant, duration and renewal of licences
24Grant and refusal to grant a licence
25Notification of grant or refusal to grant a licence
26Licence period
27Licence is not transferable
28Application for renewal of a licence
29Renewal and refusal of application to renew a licence
30Application may be withdrawn
31Authority may require applicant to give further information
Division 5—Objections to applications
32Objection to application
Division 6—Conditions and notices to comply
33Licence conditions
34Licence condition relating to information that must be provided annually
35Annual licence fee
35AWaiver, reduction or refund of fees
36Holder of a licence must comply with licence conditions
37Authority may give the holder of a licence a notice to comply
Division 7—Variation, suspension and cancellation
38Variation of licence
39Suspension of licence
40Cancellation of licence—general
41Cancellation of licence on request
42Show cause notice before variation or cancellation
Division 8—Obligations of holders of licences
43Licence holder to notify of certain changes
44Licence holder to notify of prescribed changes
45Licence holder to take reasonable steps to ensure availability of nominated officers
46Offence not to produce licence
Division 9—Authority may require information of applicants etc.
47Authority may conduct inquiries and require further information or consent to disclosure of information
Division 10—Register of Licensed Labour Hire Providers and publication matters
48Authority must maintain a Register of Licensed Labour Hire Providers
49Publication of certain information permitted
Part 4—Labour Hire Licensing Authority and Labour Hire Licensing Commissioner
Division 1—Labour Hire Licensing Authority
50Labour Hire Licensing Authority
51Functions and powers of Authority
52Power to delegate
53Staff
54Ministerial directions
Division 2—Labour Hire Licensing Commissioner
55Appointment of Labour Hire Licensing Commissioner
56Terms and conditions of appointment
57Vacancy and resignation
58Removal from office
59Acting appointment
60Functions and powers of Commissioner
61Validity of acts and decisions
62Immunity for carrying out functions
63Guiding principles of the Commissioner
Part 5—Inspectors and enforcement
Division 1—Preliminary
64Appointment of inspectors
65Identity cards
66Inspectors subject…