Private Employment Agents Act 2005

This Act may be cited as the Private Employment Agents Act 2005.

This Act commences on the later of—

27 April 2005; orEditor’s note—

The Private Employment Agents Act 1983 expired on 26 April 2005.

the date of assent of this Act.

The dictionary in the schedule defines particular terms used in this Act.

A person is a private employment agent if the person, in the course of carrying on business and for gain—

offers to find—

casual, part-time, temporary, permanent or contract work for a person; or

a casual, part-time, temporary, permanent or contract worker for a person; or

negotiates the terms of contract work for a model or performer; or

administers a contract for a model or performer and arranges payments under it; or

provides career advice for a model or performer.

However, a person is not a private employment agent only because the person publishes—

for someone else, an advertisement about employment opportunities; or

an advertisement offering employment opportunities with the person.

Also, a person is not a private employment agent if, for an agreed rate of payment to the person—

the person makes a worker of the person available to perform work, whether under a contract of service or a contract for service, for a client of the person; and

the worker works under the client’s direction; and

the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.

The purpose of this part is to provide for a code of conduct as the main way of regulating the conduct of private employment agents in their relationships with persons looking for work or for workers.

A regulation may include a code of conduct for private employment agents (the code of conduct).

The code of conduct may—

set conduct standards for private employment agents; and

establish principles for fair trading; and

provide for a system of complaint resolution; and

state the type of work arrangements and commercial operations covered by the code; and

set recommended standards of competence and training for private employment agents; and

provide for disciplining private employment agents who contravene the code; and

state the records that private employment agents must keep; and

provide for a penalty for a contravention of the code of not more than 14 penalty units.

The Employment Agents Advisory Committee is established.

The committee has the functions given to it under this Act.

The committee’s functions include—

advising the chief executive on matters relating to the content and operation of the code of conduct; and

if asked by the chief executive—advising the chief executive in relation to any matter arising under this Act or the Industrial Relations Act 2016, chapter 10.

In performing its functions, the committee—

may consult with anyone the committee considers appropriate; and

may ask the chief executive to give the committee any information, including copies of departmental records, about a matter; and

may do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

The committee consists of 6 members.

The members are—

1 person representing private employment agents whose business includes seeking work for models or performers; and

1 person representing private employment agents whose business includes seeking work for workers other than models or performers; and

1 person representing employee organisations representing models or performers; and

1 person representing employee organisations representing workers other than models or performers; and

1 person independent of industry or employee organisations (the independent person); and

1 person who is an officer of the department appointed by the chief executive.

The members mentioned in subsection (2)(a) to (e) are to be appointed by the Minister.

A member mentioned in subsection (2)(a), (b), (c) or (d) may be a representative of an organisation representing private employment agents or employee organisations mentioned in the relevant paragraph.

The independent person is the chairperson of the committee.

A member is appointed for a term of not more than 3 years stated in the instrument of appointment and may be reappointed for a further term or terms of not more than 3 years.

The office of a member appointed by the Minister under section 9(3) becomes vacant if—

the member ceases to be a person who may become a member; or

the member is absent from 3 consecutive meetings of the committee, without the committee’s leave and without reasonable excuse; or

the member resigns from office by signed notice of resignation given to the Minister.