{"id":"employment-agents-registration-regulations-2025","name":"Employment Agents Registration Regulations 2025","slug":"employment-agents-registration-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235423,"registerId":"sa-employment-agents-registration-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Employment Agents Registration Regulations 2025","content":"South Australia\nEmployment Agents Registration Regulations 2025\nunder the Employment Agents Registration Act 1993\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tEmployment agent\n5\tEmployment contract\n6\tApplication for licence\n7\tApplication for renewal of licence\n8\tNotice of employment agent's scale of fees\n9\tPrescribed form for statement\n10\tExemption of premises from Act\nSchedule 1—Forms\nSchedule 2—Repeal of Employment Agents Registration Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Employment Agents Registration Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Employment Agents Registration Act 1993;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nspouse—a person is the spouse of another if they are legally married.\n4—Employment agent\nAn organisation or association is excluded from the definition of employment agent in section 3 of the Act insofar as it administers a group training scheme jointly funded by the Commonwealth and State Governments for—\n\t(a)\tthe procurement of apprentices or trainees for persons who desire to employ or engage such persons in any kind of work; or\n\t(b)\tthe procurement of employment for apprentices or trainees.\n5—Employment contract\nA contract, arrangement or understanding (not being a contract of service) for the engagement of a worker by an employer to perform remunerated work for the employer is excluded from the definition of employment contract in section 3 of the Act if the yearly remuneration payable to the worker is, in a financial year, not less than the high income threshold (within the meaning of the Fair Work Act 2009 of the Commonwealth) applying under that Act for that financial year.\n6—Application for licence\n\t(1)\tPursuant to section 7(1)(c)(i) of the Act, the following persons are disqualified from giving a character reference for an applicant for a licence:\n\t(a)\ta person who has, within the previous 5 years, been convicted of an offence—\n\t(i)\tin connection with the promotion, operation or management of a business; or\n\t(ii)\tinvolving fraud or dishonesty; or\n\t(b)\ta person who is an associate of the applicant.\n\t(2)\tFor the purposes of subregulation (1)(b), a person is an associate of an applicant if—\n\t(a)\tthey are partners; or\n\t(b)\tthey are both involved in the same business; or\n\t(c)\tthey are both directors of the same company; or\n\t(d)\tthey are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or\n\t(e)\t1 is a spouse, domestic partner, parent, grandparent, child or grandchild of the other.\n\t(3)\tPursuant to section 7(3) of the Act, an applicant that is a body corporate must furnish 2 character references for the natural person who is to act as the manager of the relevant business.\n\t(4)\tA character reference must be in the form set out in Schedule 1 Form 1.\n\t(5)\tFor the purposes of section 7(4) of the Act, an application for a licence must be advertised at least once in a newspaper circulating generally throughout the State.\n\t(6)\tFor the purposes of section 7(8) of the Act, the period of 1 month is prescribed.\n7—Application for renewal of licence\nFor the purposes of section 9(2) of the Act, the prescribed number of days is 14.\n8—Notice of employment agent's scale of fees\nThe form of a notice under section 19(1) of the Act is as set out in Schedule 1 Form 2.\n9—Prescribed form for statement\nThe prescribed form for a statement under section 20(4) of the Act is as set out in Schedule 1 Form 3.\n10—Exemption of premises from Act\nPremises that are—\n\t(a)\tlocated at a place of business of an employer in order to facilitate the employment of people to work at that place; and\n\t(b)\tused by an employment agent on a temporary basis only, or that are only staffed by an employment agent on a part‑time or casual basis,\nare exempted from the operation of sections 16, 17 and 19 of the Act.\nSchedule 1—Forms\nForm 1—Character reference\nEmployment Agents Registration Act 1993, section 7\nThis reference relates to an application for a licence as an employment agent under section 7 of the Employment Agents Registration Act 1993.\nName of applicant for licence:\nDescribe how you know the applicant and your relationship to them (if any):\nThe applicant is required (under section 7 of the Act) to be a fit and proper person to hold a licence. Specify any details within your knowledge relating to the applicant's conduct and character that you consider may be relevant to this requirement:\nThe applicant or a person employed by the applicant is required (under section 7 of the Act) to have sufficient knowledge and experience for the purpose of properly operating or managing the business of an employment agent. Specify any details within your knowledge relating to the applicant's knowledge and experience that you consider may be relevant to this requirement:\nSpecify any other details that you consider may be relevant to the application:\nYour details:\nName:\nAddress:\nOccupation:\nSignature:\nDate:\nNote to person completing this form: Please make sure you are not disqualified from providing a character reference for an applicant (see regulation 6(1) of the Employment Agents Registration Regulations 2025).\nForm 2—Notice of employment agent's scale of fees\nEmployment Agents Registration Act 1993, section 19\nName of employment agent:\nThe fees to be charged by this employment agent in procuring workers for a person who desires to employ or engage others in any kind of work are as follows: [specify scale of fees]\nThe fees to be charged by this employment agent in procuring employment for a person who desires to be employed or engaged by others in any kind of work are—\n\t(a)\tas follows [specify scale of fees]*; or\n\t(b)\tas negotiated between the employment agent and the person*.\nSignature of employment agent**:\nDate:\n*Delete whichever of paragraph (a) or (b) is not applicable.\n**If the employment agent is a body corporate, the signature must be that of the natural person acting as the manager of the business carried on by the employment agent.\nForm 3—Prescribed form for statement\nEmployment Agents Registration Act 1993, section 20(4)\nName and business address of employer*:\n*\"Employer\" is defined in the Act as a person by whom a worker is employed under an employment contract, or for whom work is done by a worker under an employment contract.\nLocation at which worker must first attend for purposes of employment:\nIndicate whether the Return to Work Act 2014 will apply in relation to the worker YES/NO\nIndicate whether the following types of insurance will be paid by the employer in relation to the worker:\nWorkers compensation YES*/NO\nPublic liability YES*/NO\nCar insurance YES*/NO\nOther YES*/NO\n* If \"YES\", please specify details\nIndicate whether the worker will pay income tax through the employer (ie PAYE) YES/NO [if \"NO\", please specify details of arrangements]\nIndicate whether the worker will be covered by the following kinds of awards or agreements:\nFederal award YES*/NO\nState award YES*/NO\nEnterprise agreement YES*/NO\n* If \"YES\", please specify name of award or agreement\nIndicate whether superannuation benefits will be paid by the employer YES/NO [if \"YES\", please specify details of scheme including whether it is a Commonwealth or State scheme]\nIndicate whether the worker will be entitled to any of the following types of paid leave that will accrue during the employment:\nAnnual leave YES*/NO\nSick leave YES*/NO\nParental leave YES*/NO\nOther YES*/NO\n* If \"YES\", please specify details including yearly entitlement\nIndicate whether any expenses will be reimbursed by the employer in relation to the worker YES/NO [if \"YES\", please specify details including amounts]:\nDetails of person completing this statement:\nName:\nSignature:\nDate:\nNote to worker: It is recommended that you verify the information contained in this statement with your employer.\nSchedule 2—Repeal of Employment Agents Registration Regulations 2010\nThe Employment Agents Registration Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n71\nGazette 31.7.2025 p2882 \n31.7.2025: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The document returned is a website error page, not the Employment Agents Registration Regulations 2025. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","The document provided contains only website navigation elements and error messages, not legislative text","Complexity cannot be meaningfully assessed without access to the actual regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These regulations would set the rules for who must register as an employment agent in South Australia and how registration, fees, conduct standards and penalties are handled. They matter to job-placement businesses, labour‑hire firms, recruiters and the people who use their services because they define legal obligations, consumer protections and sanctions for non‑compliance."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations replace the 2010 subordinate rules (Schedule 2) and narrow/clarify the Act's practical coverage: reg 4 excludes jointly funded group training schemes from the definition of employment agent; reg 5 excludes high‑income employment contracts by reference to the Fair Work Act threshold; reg 10 exempts certain temporary on‑site premises. They also prescribe application, renewal and notification procedures (forms and timeframes), thereby altering who is regulated and the compliance burdens."},"complexity_factors":["Definitions and exclusions that alter coverage (reg 4 excludes group training schemes; reg 5 excludes contracts above the Fair Work Act high income threshold).","Procedural prescription for licence applications and renewals (character‑reference rules, advertising, prescribed timeframes — reg 6(1)–(6), reg 7).","Disqualification and associate tests for character referees (reg 6(1)–(2)) increasing evidentiary/formal requirements.","Multiple prescribed forms and specific content requirements (Forms 1–3 in Schedule 1) that create compliance checklists.","Exemption for certain temporary or part‑time on‑site agent premises (reg 10) adds a factual test for coverage.","Cross‑legislative references that require external thresholds or Acts to be consulted (Fair Work Act high income threshold; Family Relationships Act definition of domestic partner; Return to Work Act noted in Form 3).","Repeal of the 2010 regulations (Schedule 2) — replacement may change prior practice and compliance expectations."],"plain_english_summary":"These regulations replace earlier subordinate rules for licensing and overseeing employment agents in South Australia. Mechanically they narrow and clarify who and what the Act covers — excluding jointly funded group‑training bodies and high‑income employment contracts — and set specific application, renewal, fee‑notice and statement forms and timeframes.\n\nThey affect employment agents, employers and prospective workers: agents must follow advertising, character‑reference and form requirements and bear compliance costs; the regulator decides licences and renewals; some workplaces and high‑paid roles are taken outside the Act’s coverage."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the parent Act. They provide operational detail for licensing, exemptions, and administrative requirements without expanding into new policy areas. The exemptions for group training schemes and high-income workers are typical carve-outs that align with the Act's focus on regulating standard employment agency activities."},"complexity_factors":["Short document (10 regulations plus 3 forms)","Minimal cross-referencing — primarily references back to the parent Act (Employment Agents Registration Act 1993) and one external reference to the Fair Work Act 2009","Straightforward conditional logic with clear exemptions in regulations 4, 5, and 10","Only 3 defined terms in the interpretation section (Act, domestic partner, spouse)","Forms in Schedule 1 are standard administrative templates without complex legal drafting","No nested exceptions or heavily conditional provisions","Repeal provision is simple and direct"],"plain_english_summary":"These regulations set the rules for how employment agents (recruitment agencies and labour hire firms) operate in South Australia. They work alongside the Employment Agents Registration Act 1993.\n\n**What the regulations do:**\n\n* **Who can give character references:** When someone applies for a licence to become an employment agent, they need character references. These regulations specify who cannot provide those references — basically, people with recent business-related or fraud convictions, and anyone closely connected to the applicant (family members, business partners, co-directors, or trust beneficiaries).\n\n* **High-income worker exemption:** If a worker earns above the federal \"high income threshold\" (a figure set by Commonwealth law), their contract doesn't count as an \"employment contract\" under this law. This means high-paid contractors fall outside some of the Act's requirements.\n\n* **Group training schemes exemption:** Organisations running apprenticeship or trainee programs jointly funded by federal and state governments aren't classified as employment agents for those specific activities.\n\n* **Temporary premises exemption:** If an employment agent uses an employer's premises temporarily or with only part-time/casual staff, those premises are exempt from certain record-keeping and fee-display rules.\n\n* **Forms and procedures:** The regulations prescribe specific forms for licence applications, fee notices, and worker statements. They also set timeframes — licence applications must be advertised in a newspaper, and renewal applications must be submitted 14 days before expiry.\n\n**Who it affects:**\n\n* Employment agents (recruiters and labour hire companies) operating in South Australia\n* Employers using these services\n* Workers placed by these agents, particularly apprentices, trainees, and high-income contractors\n\n**Why it matters:**\n\nThese regulations balance consumer protection with reducing red tape. They ensure employment agents are properly vetted (through character checks) and transparent (through fee disclosure and worker statements), while exempting certain government programs and high-income arrangements from unnecessary regulation."}},"importantCases":[],"_links":{"self":"/api/acts/employment-agents-registration-regulations-2025","history":"/api/acts/employment-agents-registration-regulations-2025/history","analysis":"/api/acts/employment-agents-registration-regulations-2025/analysis","conflicts":"/api/acts/employment-agents-registration-regulations-2025/conflicts","importantCases":"/api/acts/employment-agents-registration-regulations-2025/important-cases","documents":"/api/acts/employment-agents-registration-regulations-2025/documents"}}