16 July 2018
Labour Hire Licensing update
After a lengthy gestation, the Victorian Parliament finally passed the Labour Hire Licensing Act on 20 June 2018. Victoria had the benefit of observing the earlier legislation passed by South Australia and Queensland and their implementation. The new legislation benefits from this perspective to provide clearer drafting, but the final result is to further complicate the situation by moving further away from synchronisation across the States.
The Queensland, South Australian and Victorian legislation seek a common goal of imposing regulation to strike at the exploitation of workers and restore integrity to the labour hire industry. They each impose an obligation on labour hire firms to be licensed, with online registers to be available in each State for public inspection. Each State makes it an offence to trade without a licence or to engage the services of an unlicensed labour hire firm. There are slight differences between the States as to who constitutes a ‘fit and proper’ licensee but the main focus is on financial viability, and corporate and safety compliance.
However, the schemes fall down in their definitions and scope of operation, which create divergences in interpretation between the three States, and their impact on national labour hire operations:[table “32” not found /]
You might be also interested in...
Thinking | Thu 03 2007
The first tranche of draft regulations was released for public consultation on 26 March 2007 as part of the Corporations and Financial Services Regulation Review process. Some key issues dealt with in the first round of draft regulations are set out below: Keeping Financial Services Guides and Product Disclosure Statements up to date Where there […]
Thinking | Mon 05 2007
Yesterday the Parliamentary Secretary to the Treasurer (Chris Pearce), announced that regulations to complement section 912B of the Corporations Act 2001 (the Act) are expected to be made by 1 July 2007. The Act requires financial services licensees that provide financial services to retail clients to have in place appropriate compensation arrangements. The arrangements must either be approved […]