Labour Hire Licensing Act 2020

For this Act, in deciding whether an applicant is a suitable person to hold a licence, the commissioner must consider the following:

the applicant’s character, including, for example, the applicant’s honesty, integrity and professionalism;

whether the applicant—

has a history of compliance with workplace laws or standards; or

is able to demonstrate an ability to comply with workplace laws or standards;

whether the applicant has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 29;

whether the applicant has been the subject of regulatory action under a labour hire law;

whether the applicant has been convicted of an offence against a workplace law or standard or another law that affects the applicant’s suitability to provide labour hire services;

if the applicant is an individual—

whether the applicant has been an insolvent under administration under the Corporations Act, section 9; or

whether a corporation has been placed into administration, receivership or liquidation while the applicant was an executive officer of the corporation; or

whether the applicant has been disqualified from managing a corporation under the Corporations Act.

If the applicant is a corporation, the commissioner must also consider the matters mentioned in subsection (1) for each influential person for the corporation.

Also, the applicant is a suitable person if—

the applicant holds a licence under another labour hire law; and

the licence is not the subject of any regulatory action under that law.

The commissioner—

must consider any matter prescribed by regulation; or

may consider any other matter the commissioner considers relevant.

In this section:

influential person, for a corporation, means—

an executive officer of the corporation; or

a person who may exercise a relevant power in relation to the corporation; or

a related corporation; or

an executive officer of a related corporation.

related corporation means a related body corporate under the Corporations Act.

relevant power, for a corporation, means a power to—

take part in a directorial, managerial or executive decision for the corporation; or

elect or appoint a person as an executive officer in the corporation; or

significantly influence the conduct of the corporation.