Private Employment Agents (Code of Conduct) Regulation 2015

This regulation may be cited as the Private Employment Agents (Code of Conduct) Regulation 2015.

This regulation commences on 1 September 2015.

The code of conduct in schedule 1 is the code of conduct about private employment agents prescribed for section 6 of the Act.

Sections 14 to 23, 26, 29 and 32 of the code of conduct are declared to be provisions to which part 6 of the Act applies.

The chief executive may approve forms for use for the purposes of the code of conduct.

The Private Employment Agents (Code of Conduct) Regulation 2005, SL No. 71 is repealed.

This code of conduct may be cited as the Private Employment Agents Code of Conduct.

The object of this code is to establish a framework that—

promotes ethical conduct by private employment agents in their dealings with work seekers and others as part of the business of a private employment agent; and

encourages the provision by private employment agents of high quality placement and recruitment services for work seekers and persons looking for workers.

In this code—

employer register see section 22.

fee, for part 2, division 3, includes advantage and benefit.

placement register see section 23.

worker register see section 21.

work seeker means a person seeking work.

This code contains provisions with which a private employment agent must comply.

Note—

Contravention of a provision of this code is a ground for starting a proceeding for a charge of an offence if a maximum penalty is stated for a contravention of the provision or for obtaining an injunction under part 6 of the Act.

This code applies despite an instruction or request that does not comply with the code made by a work seeker or a person looking for workers or, if the private employment agent is an employee, the agent’s employer.

A private employment agent must have a reasonable knowledge of the Act, this code, and any other Act relevant to the private employment agent’s business.Examples of relevant Acts—

• Anti-Discrimination Act 1991

• Fair Trading Act 1989

• Fair Work Act 2009 (Cwlth)

• Further Education and Training Act 2014

• Industrial Relations Act 1999

• Information Privacy Act 2009

• Privacy Act 1988 (Cwlth)

• Right to Information Act 2009

• Workers’ Compensation and Rehabilitation Act 2003

• Work Health and Safety Act 2011

A private employment agent must act honestly, fairly and professionally in the conduct of the agent’s business.

Without limiting subsection (1), an agent must treat work seekers and persons looking for workers honestly and fairly.