Labour Hire Licensing Regulation 2021 (ACT)

The case involves the Labour Hire Licensing Regulation 2021 (ACT) and its application to licensing requirements for labour hire businesses in the ACT. The legal issues before the court were whether certain provisions of the Regulation were valid and enforceable, particularly in relation to the information required in licence applications and the conditions attached to licences. The court had to consider the scope and limits of the regulatory power under the Labour Hire Licensing Act 2020 (ACT) and whether the Regulation went beyond what was necessary or appropriate to achieve the objects of the Act.

The court found that the Regulation was largely valid and within the scope of the enabling Act. It held that the information requirements in the Regulation were reasonable and necessary to assess the suitability of applicants and ensure compliance with workplace laws. The court also accepted that the licence conditions, such as the requirement to notify the commissioner of changes to application information, were appropriate to regulate the conduct of licence holders and protect workers. However, the court struck down certain parts of the definition of "close associate" as being too broad and not sufficiently tied to the objects of the Act. Overall, the court found that the Regulation achieved a balance between regulating labour hire businesses and not unduly restricting legitimate business activities.

The court made orders confirming the validity of most of the Regulation, with certain modifications to the definition of "close associate" to narrow its scope. The court also made orders that certain provisions of the Regulation commence on specified dates to provide clarity and certainty for businesses affected by the Regulation.