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The objectives of these Regulations are—
Reg. 1(a) substituted by S.R. No. 134/2026 reg. 5(1).
to prescribe certain matters relating to labour hire services and workers; and
Reg. 1(b)(c) revoked by S.R. No. 134/2026 reg. 5(2).
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to prescribe requirements for an application and renewal of a labour hire licence; and
to prescribe the application, renewal and annual fees for a labour hire licence; and
to prescribe conditions of a labour hire licence; and
to prescribe requirements for a holder of a labour hire licence; and
to prescribe the form of a notice to comply and an embargo notice; and
to prescribe infringement offences and infringement penalties for those offences; and
to prescribe laws and schemes which may be relied upon by the Authority; and
to provide for other matters.
These Regulations are made under section 114 of the Labour Hire Licensing Act 2018.
In these Regulations—
annual turnover is the total ordinary income that is derived in the course of running a business;
Reg. 3 def. of commercial premises inserted by S.R. No. 134/2026 reg. 6(1).
commercial premises—see regulation 3A;
Reg. 3 def. of secondee amended by S.R. No. 134/2026 reg. 6(2).
secondee means a worker of a provider whom the provider provides to another person to do work on a temporary basis and—
is engaged or employed by the provider on a regular and systematic basis; and
has a reasonable expectation that the employment with the provider will continue; and
primarily performs work for the provider, other than as a worker supplied to another person to do work for that other person;
Examples
1 A lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client.
3 A farmer who assigns a worker (the secondee) to work on a neighbouring farm to fulfil an immediate need at the neighbouring farm which may be fully or partly on a goodwill basis.
4 An architect who is engaged or employed by an architectural practice performs work for a period of time for another architectural practice.
the Act means the Labour Hire Licensing Act 2018;
tier 1 business, in relation to an application for a licence or the holder of a licence, means—
a business that for the financial year immediately preceding the day on which the application is made had an annual turnover of no more than $2 000 000; or
a business that did not operate in the financial year immediately preceding the day on which the application for a licence is made but the business is projected to have an annual turnover in the financial year in which the application is made and in the next financial year of no more than $2 000 000;
tier 2 business, in relation to an application for a licence or the holder of a licence, means—
a business that for the financial year immediately preceding the day on which the application is made had an annual turnover of between $2 000 001 and $10 000 000; or
a business that did not operate in the financial year immediately preceding the day on which the application for a licence is made but the business is projected to have an annual turnover in the financial year in which the application is made and in the next financial year of between $2 000 001 and $10 000 000;
tier 3 business, in relation to an application for a licence or the holder of a licence, means—
a business that for the financial year immediately preceding the day on which the application is made had an annual turnover of more than $10 000 000; or
a business that did not operate in the financial year immediately preceding the day on which the application for a licence is made but the business is projected to have an annual turnover in the financial year in which the application is made and in the next financial year of more than $10 000 000.
Reg. 3A inserted by S.R. No. 134/2026 reg. 7.
In these Regulations, a reference to commercial premises includes a reference to a building or other place at which goods are produced, stored or sold or services are provided (other than a place or a part of a place that is a private principal place of residence) in conducting a business or enterprise.
Without limiting subregulation (1)—
a reference to commercial premises includes a reference to—
accommodation; and
a construction site; and
the goods may be produced, stored or sold or services provided by or on behalf of a public sector body.
Reg. 3B inserted by S.R. No. 134/2026 reg. 8.
For the purposes of section 10(c) of the Act, the following classes of individuals are prescribed—
secondees, other than if the provider is predominantly in the business of providing the services of workers to other persons;
individuals supplied by a person to another person to perform work if—
each person is part of an entity or group of entities that carry on business collectively as one recognisable business; and
the individuals supplied do not perform work for a person that does not belong to the one recognisable business;
Examples
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business's workers are all employed by one of the companies and are supplied to work for one or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
in the case of a body corporate with no more than 2 directors, directors of the body corporate—
whom the body corporate supplies to a person to do work; and
who participate in the management of the body corporate;
sole traders supplying only their own labour;
persons employed in a public sector body who in accordance with an Act are made available to do work for another public sector body;
students to whom Division 1 or 2 of Part 5.4 of the Education and Training Reform Act 2006 applies;
persons undertaking work or services under a vocational placement within the meaning of the Fair Work Act 2009 of the Commonwealth.
For the purposes of section 11(a) of the Act, the following classes of individuals are prescribed—
Reg. 4(1)(a) substituted by S.R. No. 134/2026 reg. 9.
secondees, other than if the provider is predominantly in the business of providing the services of workers to other persons;
Reg. 4(1)(b) substituted by S.R. No. 134/2026 reg. 9.
individuals supplied by a person to another person to perform work if—
each person is part of an entity or group of entities that carry on business collectively as one recognisable business; and
the individuals supplied do not perform work for a person that does not belong to the one recognisable business;
Examples
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business's workers are all employed by one of the companies and are supplied to work for one or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
Reg. 4(1)(c) substituted by S.R. No. 134/2026 reg. 9.
in the case of a body corporate with no more than 2 directors, directors of the body corporate—
whom the body corporate supplies to a person to do work; and
who participate in the management of the body corporate;
Reg. 4(1)(ca) inserted by S.R. No. 134/2026 reg. 9.
sole traders supplying only their own labour;
Reg. 4(1)(d) substituted by S.R. No. 134/2026 reg. 9.
persons employed in a public sector body who in accordance with an Act are made available to do work for another public sector body;
students to whom Division 1 or 2 of Part 5.4 of the Education and Training Reform Act 2006 applies;
persons undertaking work or services under a vocational placement within the meaning of the Fair Work Act 2009 of the Commonwealth.
Subregulation (1) does not apply to a class of persons declared by the Minister by notice in writing to be a worker.
Reg. 5 (Heading) amended by S.R. No. 134/2026 reg. 10(1).
Reg. 5(1) amended by S.R. No. 134/2026 reg. 10(2)(a).
For the purposes of section 7(3) of the Act, the following circumstances are prescribed—
Reg. 5(1)(a) amended by S.R. No. 134/2026 reg. 10(2)(b).
the person has supplied an individual to perform activities as a cleaner at a commercial premises;
Reg. 5(1)(b) amended by S.R. No. 134/2026 reg. 10(2)(c).
the person has supplied an individual to perform any one or more of the following horticulture activities in relation to fruit or vegetables, with the exercise of minimal judgment and under direct supervision, at a place where a business or undertaking is being conducted—
picking;
sorting;
labelling;
packing;
grading;
planting;
thinning;
pruning;
spraying;
repetitive work on automatic, semi‑automatic or single-purpose machines or equipment;
performing basic recording functions related to work described in subparagraphs (i) to (x) above;
Reg. 5(1)(c) amended by S.R. No. 134/2026 reg. 10(2)(c).
the person has supplied an individual to perform any one or more of the following activities at a meat manufacturing establishment or meat processing establishment—
killing;
dressing;
boning;
slicing;
preparation;
packing;
processing;
Reg. 5(1)(d) amended by S.R. No. 134/2026 reg. 10(2)(c).
the person has supplied an individual to perform any one or more of the following activities at a poultry processing establishment—
killing;
processing;
preparation;
packing.
Reg. 5(2) amended by S.R. No. 134/2026 reg. 10(3).
Subregulation (1) applies whether or not the individual supplied is also performing other duties or activities.
For the purposes of this regulation—
meat manufacturing establishment means an establishment wholly or predominantly concerned with the manufacturing or processing of fresh meat into any form of edible manufactured or processed meat, meat products, smallgoods, ham, bacon, or similar products in which meat is a substantial ingredient, including any related activities such as retail or wholesale sales, and killing, dressing, boning, slicing, preparation and packing of fresh meat, where such activities are conducted at any place as an ancillary part of the manufacturing or processing business;
meat processing establishment means an establishment wholly or predominantly concerned with killing, dressing, boning, slicing, preparation or packing fresh meat, and includes any related activities conducted at any place as an ancillary part of such a business, such as manufacturing or processing meat, the treatment and processing of skins or hides, rendering, processing of by-product, and retail or wholesale sales;
poultry processing establishment means a place wholly or predominantly concerned with the killing, processing, preparation or packing of uncooked poultry, poultry products or poultry by-products, which takes place in connection with a business or undertaking.
Reg. 6 revoked by S.R. No. 134/2026 reg. 11.
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For the purposes of section 17(2)(h) of the Act, the prescribed information is as follows—
if the applicant is a natural person, copies of proof of identity documents as required by the Authority and specified in the form of application for a licence;
if the applicant is a body corporate—
a copy of the certificate of incorporation; and
proof of identity documents referred to in paragraph (a) for each director;
if the applicant is an unincorporated association—
a copy of the certificate of registration under the Corporations Act (if applicable); and
a copy of the rules under which the association operates; and
proof of identity documents referred to in paragraph (a) for each member of the association; and
if the applicant is an agent or trustee of the unincorporated association, proof of the agency or trust;
if the applicant is a partnership, the proof of identity documents referred to in paragraph (a) in respect of the following persons, as applicable to that partnership—
each member of the Board; or
each member of the executive committee; or
each senior partner; or
if subparagraphs (i) to (iii) do not apply to the partnership, each partner;
if the relevant person is intending to procure or provide accommodation, for the purposes of section 19(4)(d) of the Act, the location of that accommodation.
For the purposes of sections 17(6) and 24(1)(d) of the Act, the prescribed fee is as follows—
for a tier 1 business—108 fee units;
for a tier 2 business—288 fee units;
for a tier 3 business—532 fee units.
For the purposes of section 18(1)(a)(ii) and (b)(ii) of the Act, the prescribed circumstances are that the holder of the cancelled or refused licence (as the case may be) was a corporation and, because of a genuine sale, the following requirements apply in respect of the corporation—
no person who at the time of the cancellation or refusal was a shareholder of, or held a beneficial interest in, the corporation is a shareholder of, or holds a beneficial interest in, the corporation, at the time of the application for a licence;
no person who at the time of the cancellation or refusal was in a position to control or influence the affairs of the corporation is, at the time of the application for a licence, in a position to control or influence the affairs of the corporation.
For the purposes of sections 19(1)(a) and 34(1)(a) of the Act, the following requirements for registration with the Australian Taxation Office are prescribed—
registration for goods and services tax, if required;
registration for pay as you go withholding tax, if required;
registration for fringe benefits tax, if required.
For the purposes of sections 19(1)(b) and 34(1)(b) of the Act, the requirements for registration with WorkSafe Victoria are that applicants have a certificate of currency issued by WorkSafe Victoria verifying that the employer is currently registered for WorkCover insurance with WorkSafe Victoria.