Labour Hire Licensing Act 2020

This Act is the Labour Hire Licensing Act 2020.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘connected, for part 7 (Enforcement)—see section 46.’ means that the term ‘connected’ is defined in that section for part 7.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The objects of this Act are to—

protect workers from exploitation by providers of labour hire services; and

ensure labour hire service providers meet their workplace obligations and responsibilities to the workers they supply; and

promote the integrity of the labour hire services industry; and

promote responsible practices in the labour hire services industry.

The objects are to be achieved by—

establishing a licensing scheme to regulate the provision of labour hire services; and

establishing a register of labour hire licensees.

For this Act, a person (a provider) provides labour hire services if, in the course of carrying on a business, the person supplies to another person (the hirer) a worker to do work.

For subsection (1), a worker is supplied by a provider when the worker starts to do work for the hirer.

A provider provides labour hire services regardless of whether—

the worker is employed by the provider; or

there is a contract for the worker to do the work; or

the worker is supplied to the hirer directly or indirectly; or

the work completed by the worker is under the control of the provider or the hirer.

A regulation may prescribe that a stated person is not a provider of labour hire services for this section.

For this Act, an individual is a worker for a provider if the individual enters into an arrangement with the provider under which—

the provider may supply, to another person, the individual to do work; and

the provider is obliged to pay the worker for the work—

in whole or part; or

directly or indirectly.

The Minister may declare that a person is, or is not, a worker for this Act.

A declaration is a disallowable instrument.

Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

In this section:

provider—see section 7 (1).

The Minister must appoint a person as the Labour Hire Licence Commissioner.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

The Minister must not appoint a person as the commissioner unless satisfied that the person has the experience or expertise necessary to exercise the commissioner’s functions.

A person must be appointed for a term not longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The commissioner’s conditions of appointment are the conditions agreed between the Minister and the commissioner stated in the instrument of appointment, subject to any determination under the Remuneration Tribunal Act 1995.

The appointment of the commissioner is a notifiable instrument.

If an appointment is not made under subsection (1), the person appointed under the Work Health and Safety Act 2011, schedule 2, part 2.2 is the Labour Hire Licence Commissioner.

The commissioner has the following functions:

to promote an understanding and acceptance of, and compliance with, this Act;

to promote the integrity of the labour hire industry;

to undertake research and develop educational and other programs for the purpose of enabling licensees to comply with the Act;

to advise the Minister on any matter relevant to the operation of this Act;

any other function given to the commissioner under this Act or another territory law.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Subject to subsection (2), the commissioner is not subject to the direction of anyone else, and must act independently in relation to the exercise of a function under this Act or another territory law under which the commissioner exercises a function.

However, the Minister may, in writing, give directions to the commissioner in relation to the exercise of the commissioner’s functions.

A direction given under subsection (2) must be of a general nature and not direct the commissioner in relation to a particular complaint, licensee or regulatory action.

The Minister must present a copy of any direction under subsection (2) to the Legislative Assembly within 5 sitting days after the day it is given to the commissioner.

The commissioner must give the Minister a written statement of the commissioner’s personal and financial interests within 7 days after—

the day the commissioner is appointed; and

the first day of each financial year; and

the day there is a change in the interest.

The commissioner must not—

have paid employment that is inconsistent with the commissioner’s functions; or

engage in any unpaid activity that is inconsistent with the commissioner’s functions.