{"id":"qld:sl-2018-0035","name":"Labour Hire Licensing Regulation 2018","slug":"labour-hire-licensing-regulation-2018","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"35 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174797,"registerId":"qld-qld:sl-2018-0035-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Labour Hire Licensing Regulation 2018 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 16 April 2018.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Individuals who are not workers— Act , s 8","content":"### sec.4 Individuals who are not workers— Act , s 8\n\nFor section 8 (2) of the Act , the following individuals are prescribed—\nan individual employed by a provider—\nwhose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and\nother than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;\nfor a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work;\nan in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions;\na 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\na consultant employed by a consultancy business is supplied to a business to conduct a review for the other business\na person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home\nan individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business.\nA 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 1 of the companies and are supplied to work for 1 or more of the other companies within the business.\nA 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.\nFor subsection (1) (c) , an in-house employee of a provider is an individual who—\nis engaged as an employee by the provider on a regular and systematic basis; and\nhas a reasonable expectation the employment with the provider will continue; and\nprimarily performs work for the provider other than as a worker supplied to another person to do work for the other person.\n(sec.4-ssec.1) For section 8 (2) of the Act , the following individuals are prescribed— an individual employed by a provider— whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ; for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work; an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; 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 a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business. 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 1 of the companies and are supplied to work for 1 or more of the other companies within the business. 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.\n(sec.4-ssec.2) For subsection (1) (c) , an in-house employee of a provider is an individual who— is engaged as an employee by the provider on a regular and systematic basis; and has a reasonable expectation 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 the other person.\n- (a) an individual employed by a provider— (i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and (ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;\n- (i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and\n- (ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;\n- (b) for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work;\n- (c) an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; Examples of the supply of an individual to do work on a temporary basis— • 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 • a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business • a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home\n- • 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\n- • a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business\n- • a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home\n- (d) an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 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 1 of the companies and are supplied to work for 1 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.\n- 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 1 of the companies and are supplied to work for 1 or more of the other companies within the business.\n- 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.\n- (i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and\n- (ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;\n- • 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\n- • a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business\n- • a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home\n- 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 1 of the companies and are supplied to work for 1 or more of the other companies within the business.\n- 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.\n- (a) is engaged as an employee by the provider on a regular and systematic basis; and\n- (b) has a reasonable expectation the employment with the provider will continue; and\n- (c) primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Applications for licences","content":"# Applications for licences","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions for part","content":"### sec.5 Definitions for part\n\nIn this part—\nassociate , of an applicant, means—\nif a proposed nominated officer for the application is a person other than the applicant—the proposed nominated officer; or\nif the applicant is a corporation—the corporation and each person who is an executive officer of the corporation.\nrelated person , in relation to an applicant, means—\nif the applicant is an individual—a corporation of which the applicant is or has been an executive officer; or\nif the applicant is a corporation—\neach person who is an executive officer of the corporation; and\neach other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.\nWHS undertaking means an undertaking given under the Work Health and Safety Act 2011 , section 216 (1) .\n- (a) if a proposed nominated officer for the application is a person other than the applicant—the proposed nominated officer; or\n- (b) if the applicant is a corporation—the corporation and each person who is an executive officer of the corporation.\n- (a) if the applicant is an individual—a corporation of which the applicant is or has been an executive officer; or\n- (b) if the applicant is a corporation— (i) each person who is an executive officer of the corporation; and (ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.\n- (i) each person who is an executive officer of the corporation; and\n- (ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.\n- (i) each person who is an executive officer of the corporation; and\n- (ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Financial viability","content":"## Financial viability","sortOrder":10},{"sectionNumber":"sec.6","sectionType":"section","heading":"Information about financial viability of business— Act , s 13","content":"### sec.6 Information about financial viability of business— Act , s 13\n\nFor section 13 (3) (c) (ii) of the Act , the prescribed information is a description of the financial documents held by the applicant relating to the business’s ability to—\nmeet its actual, or projected, operating costs and expenses; and\npay each worker supplied by the business as and when the worker is due to be paid; and\npay other financial obligations or entitlements in relation to workers, including, for example, the payment of payroll tax and superannuation for workers.\na profit and loss statement\na balance sheet\nan independent accountant’s report\na financial plan\na statement of actual, or projected, cash flow\na bank statement\na document showing amounts withheld from payments made to employees and paid to the Australian Taxation Office\na document showing payment of employee superannuation\n- (a) meet its actual, or projected, operating costs and expenses; and\n- (b) pay each worker supplied by the business as and when the worker is due to be paid; and\n- (c) pay other financial obligations or entitlements in relation to workers, including, for example, the payment of payroll tax and superannuation for workers.\n- • a profit and loss statement\n- • a balance sheet\n- • an independent accountant’s report\n- • a financial plan\n- • a statement of actual, or projected, cash flow\n- • a bank statement\n- • a document showing amounts withheld from payments made to employees and paid to the Australian Taxation Office\n- • a document showing payment of employee superannuation","sortOrder":11},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Work health and safety and workers compensation obligations","content":"## Work health and safety and workers compensation obligations","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Information about work health and safety and workers compensation obligations— Act , s 13","content":"### sec.7 Information about work health and safety and workers compensation obligations— Act , s 13\n\nFor section 13 (3) (c) (iii) of the Act , the following information is prescribed—\nwhether, within 5 years before the application is made, the applicant or a related person has—\nbeen convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or\nhad a WHS undertaking accepted under the Work Health and Safety Act 2011 ;\nwhether the applicant—\nis currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or\nis currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;\nif the applicant is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 —the policy number for the policy of insurance.\n- (a) whether, within 5 years before the application is made, the applicant or a related person has— (i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or (ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;\n- (i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;\n- (b) whether the applicant— (i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or (ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;\n- (i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;\n- (c) if the applicant is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 —the policy number for the policy of insurance.\n- (i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;\n- (i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;","sortOrder":13},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Additional matters","content":"## Additional matters","sortOrder":14},{"sectionNumber":"sec.8","sectionType":"section","heading":"Information about other licences","content":"### sec.8 Information about other licences\n\nThis section applies if the applicant or an associate of the applicant has applied for, or held—\nan interstate licence under a corresponding law; or\na licence, accreditation or other authority, under an Act, to carry on a business or carry out an occupation.\nFor section 13 (3) (c) (iv) of the Act , the information prescribed includes whether, within 5 years before the application is made—\nthe application was refused; or\nany of the following happened—\na condition was imposed on the licence, accreditation or authority;\nthe licence, accreditation or authority was suspended or cancelled;\nother disciplinary action was taken in relation to the licence, accreditation or authority.\nIn this section—\ncorresponding law means a law, or former law, of another State or the Commonwealth that provides for, or provided for the same, or substantially the same, matter as the Act .\ninterstate licence means a licence, however described, issued under a corresponding law that is similar to a licence under the Act .\n(sec.8-ssec.1) This section applies if the applicant or an associate of the applicant has applied for, or held— an interstate licence under a corresponding law; or a licence, accreditation or other authority, under an Act, to carry on a business or carry out an occupation.\n(sec.8-ssec.2) For section 13 (3) (c) (iv) of the Act , the information prescribed includes whether, within 5 years before the application is made— the application was refused; or any of the following happened— a condition was imposed on the licence, accreditation or authority; the licence, accreditation or authority was suspended or cancelled; other disciplinary action was taken in relation to the licence, accreditation or authority.\n(sec.8-ssec.3) In this section— corresponding law means a law, or former law, of another State or the Commonwealth that provides for, or provided for the same, or substantially the same, matter as the Act . interstate licence means a licence, however described, issued under a corresponding law that is similar to a licence under the Act .\n- (a) an interstate licence under a corresponding law; or\n- (b) a licence, accreditation or other authority, under an Act, to carry on a business or carry out an occupation.\n- (a) the application was refused; or\n- (b) any of the following happened— (i) a condition was imposed on the licence, accreditation or authority; (ii) the licence, accreditation or authority was suspended or cancelled; (iii) other disciplinary action was taken in relation to the licence, accreditation or authority.\n- (i) a condition was imposed on the licence, accreditation or authority;\n- (ii) the licence, accreditation or authority was suspended or cancelled;\n- (iii) other disciplinary action was taken in relation to the licence, accreditation or authority.\n- (i) a condition was imposed on the licence, accreditation or authority;\n- (ii) the licence, accreditation or authority was suspended or cancelled;\n- (iii) other disciplinary action was taken in relation to the licence, accreditation or authority.","sortOrder":15},{"sectionNumber":"sec.9","sectionType":"section","heading":"Information about migration matters","content":"### sec.9 Information about migration matters\n\nFor section 13 (3) (c) (iv) of the Act , the following information is also prescribed—\nwhether the applicant or an associate of the applicant holds a visa under the Migration Act 1958 (Cwlth) ;\nwhether, within 5 years before the application is made, the applicant or a related person has—\nbeen issued an infringement notice under the Migration Act 1958 (Cwlth) ; or\nbeen convicted of an offence against the Migration Act 1958 (Cwlth) ;\nwhether the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) ;\nif the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) —how many workers the applicant supplies, or intends to supply;\nwhether the applicant is an approved employer for the program established by the Commonwealth and known as the Seasonal Worker Programme.\n- (a) whether the applicant or an associate of the applicant holds a visa under the Migration Act 1958 (Cwlth) ;\n- (b) whether, within 5 years before the application is made, the applicant or a related person has— (i) been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or (ii) been convicted of an offence against the Migration Act 1958 (Cwlth) ;\n- (i) been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or\n- (ii) been convicted of an offence against the Migration Act 1958 (Cwlth) ;\n- (c) whether the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) ;\n- (d) if the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) —how many workers the applicant supplies, or intends to supply;\n- (e) whether the applicant is an approved employer for the program established by the Commonwealth and known as the Seasonal Worker Programme.\n- (i) been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or\n- (ii) been convicted of an offence against the Migration Act 1958 (Cwlth) ;","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Information about solvency of entities associated with applicant","content":"### sec.10 Information about solvency of entities associated with applicant\n\nFor section 13 (3) (c) (iv) of the Act , the following information is also prescribed—\nif the applicant is an individual—whether a close associate of the individual has been an insolvent under administration;\nif the applicant is a corporation—whether a related body corporate, under the Corporations Act , of the applicant—\nhas executed a deed of company arrangement under the Corporations Act ; or\nis the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\nIn this section—\nclose associate , of an individual, means—\na spouse, de facto partner, parent, brother, sister or child of the individual; or\na step-parent, stepbrother, stepsister or stepchild of the individual; or\na member of the same household as the individual; or\na person with whom the individual is in a partnership; or\na person who is in a position to control or substantially influence the conduct of the individual.\ns 10 amd 2023 Act No. 23 s 247 sch 1 s 2 (2)\n(sec.10-ssec.1) For section 13 (3) (c) (iv) of the Act , the following information is also prescribed— if the applicant is an individual—whether a close associate of the individual has been an insolvent under administration; if the applicant is a corporation—whether a related body corporate, under the Corporations Act , of the applicant— has executed a deed of company arrangement under the Corporations Act ; or is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\n(sec.10-ssec.2) In this section— close associate , of an individual, means— a spouse, de facto partner, parent, brother, sister or child of the individual; or a step-parent, stepbrother, stepsister or stepchild of the individual; or a member of the same household as the individual; or a person with whom the individual is in a partnership; or a person who is in a position to control or substantially influence the conduct of the individual.\n- (a) if the applicant is an individual—whether a close associate of the individual has been an insolvent under administration;\n- (b) if the applicant is a corporation—whether a related body corporate, under the Corporations Act , of the applicant— (i) has executed a deed of company arrangement under the Corporations Act ; or (ii) is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or (iii) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\n- (i) has executed a deed of company arrangement under the Corporations Act ; or\n- (ii) is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or\n- (iii) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\n- (i) has executed a deed of company arrangement under the Corporations Act ; or\n- (ii) is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or\n- (iii) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .\n- (a) a spouse, de facto partner, parent, brother, sister or child of the individual; or\n- (b) a step-parent, stepbrother, stepsister or stepchild of the individual; or\n- (c) a member of the same household as the individual; or\n- (d) a person with whom the individual is in a partnership; or\n- (e) a person who is in a position to control or substantially influence the conduct of the individual.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Information about workplace, work health and safety and workers’ compensation matters","content":"### sec.11 Information about workplace, work health and safety and workers’ compensation matters\n\nFor section 13 (3) (c) (iv) of the Act , the information prescribed also includes whether, within 5 years before the application is made, the applicant or a related person has—\nbeen convicted of an offence against—\nthe Fair Work Act 2009 (Cwlth) ; or\na law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or\nhad an enforceable undertaking accepted under the Fair Work Act 2009 (Cwlth) , section 715 ; or\nhad an undertaking that corresponds to a WHS undertaking accepted under a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 ; or\nbeen given an infringement notice under the Fair Work Act 2009 (Cwlth) .\n- (a) been convicted of an offence against— (i) the Fair Work Act 2009 (Cwlth) ; or (ii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (i) the Fair Work Act 2009 (Cwlth) ; or\n- (ii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (b) had an enforceable undertaking accepted under the Fair Work Act 2009 (Cwlth) , section 715 ; or\n- (c) had an undertaking that corresponds to a WHS undertaking accepted under a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 ; or\n- (d) been given an infringement notice under the Fair Work Act 2009 (Cwlth) .\n- (i) the Fair Work Act 2009 (Cwlth) ; or\n- (ii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Information about offences","content":"### sec.12 Information about offences\n\nFor section 13 (3) (c) (iv) of the Act , the following information is also prescribed—\nwhether the applicant or an associate of the applicant has been convicted of a serious criminal offence;\nwhether, within 5 years before the application is made, the applicant or a related person has been convicted of an offence against any of the following laws—\nthe Coal Mining Safety and Health Act 1999 ;\nthe Electrical Safety Act 2002 ;\nthe Explosives Act 1999 ;\nthe Fire Services Act 1990 ;\nthe Heavy Vehicle National Law (Queensland) ;\nthe Mining and Quarrying Safety and Health Act 1999 ;\nthe Radiation Safety Act 1999 ;\nthe Residential Services (Accreditation) Act 2002 ;\nthe Residential Tenancies and Rooming Accommodation Act 2008 ;\nthe Safety in Recreational Water Activities Act 2011 ;\nthe Transport Operations (Marine Safety) Act 1994 ;\nthe Transport Operations (Passenger Transport) Act 1994 ;\na law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .\ns 12 amd 2024 Act No. 22 s 92 sch 1\n- (a) whether the applicant or an associate of the applicant has been convicted of a serious criminal offence;\n- (b) whether, within 5 years before the application is made, the applicant or a related person has been convicted of an offence against any of the following laws— (i) the Coal Mining Safety and Health Act 1999 ; (ii) the Electrical Safety Act 2002 ; (iii) the Explosives Act 1999 ; (iv) the Fire Services Act 1990 ; (v) the Heavy Vehicle National Law (Queensland) ; (vi) the Mining and Quarrying Safety and Health Act 1999 ; (vii) the Radiation Safety Act 1999 ; (viii) the Residential Services (Accreditation) Act 2002 ; (ix) the Residential Tenancies and Rooming Accommodation Act 2008 ; (x) the Safety in Recreational Water Activities Act 2011 ; (xi) the Transport Operations (Marine Safety) Act 1994 ; (xii) the Transport Operations (Passenger Transport) Act 1994 ; (xiii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .\n- (i) the Coal Mining Safety and Health Act 1999 ;\n- (ii) the Electrical Safety Act 2002 ;\n- (iii) the Explosives Act 1999 ;\n- (iv) the Fire Services Act 1990 ;\n- (v) the Heavy Vehicle National Law (Queensland) ;\n- (vi) the Mining and Quarrying Safety and Health Act 1999 ;\n- (vii) the Radiation Safety Act 1999 ;\n- (viii) the Residential Services (Accreditation) Act 2002 ;\n- (ix) the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (x) the Safety in Recreational Water Activities Act 2011 ;\n- (xi) the Transport Operations (Marine Safety) Act 1994 ;\n- (xii) the Transport Operations (Passenger Transport) Act 1994 ;\n- (xiii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .\n- (i) the Coal Mining Safety and Health Act 1999 ;\n- (ii) the Electrical Safety Act 2002 ;\n- (iii) the Explosives Act 1999 ;\n- (iv) the Fire Services Act 1990 ;\n- (v) the Heavy Vehicle National Law (Queensland) ;\n- (vi) the Mining and Quarrying Safety and Health Act 1999 ;\n- (vii) the Radiation Safety Act 1999 ;\n- (viii) the Residential Services (Accreditation) Act 2002 ;\n- (ix) the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (x) the Safety in Recreational Water Activities Act 2011 ;\n- (xi) the Transport Operations (Marine Safety) Act 1994 ;\n- (xii) the Transport Operations (Passenger Transport) Act 1994 ;\n- (xiii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Information about discrimination and sexual harassment matters","content":"### sec.13 Information about discrimination and sexual harassment matters\n\nThis section also prescribes information for section 13 (3) (c) (iv) of the Act .\nIf, within 5 years before the application is made, the applicant or an associate of the applicant has been—\nconvicted of an offence against an anti-discrimination law—the information is that the applicant or associate was convicted of the offence; or\nthe subject of a complaint alleging sexual harassment under an anti-discrimination law—the information is that the applicant or associate was the subject of the complaint.\nIn this section—\nanti-discrimination law means—\nthe Anti-Discrimination Act 1991 ; or\na corresponding law; or\nthe Sex Discrimination Act 1984 (Cwlth) .\ncorresponding law means a law, or former law, of another State that provides for, or provided for the same, or substantially the same, matter as the Anti-Discrimination Act 1991 or a provision of that Act .\n(sec.13-ssec.1) This section also prescribes information for section 13 (3) (c) (iv) of the Act .\n(sec.13-ssec.2) If, within 5 years before the application is made, the applicant or an associate of the applicant has been— convicted of an offence against an anti-discrimination law—the information is that the applicant or associate was convicted of the offence; or the subject of a complaint alleging sexual harassment under an anti-discrimination law—the information is that the applicant or associate was the subject of the complaint.\n(sec.13-ssec.3) In this section— anti-discrimination law means— the Anti-Discrimination Act 1991 ; or a corresponding law; or the Sex Discrimination Act 1984 (Cwlth) . corresponding law means a law, or former law, of another State that provides for, or provided for the same, or substantially the same, matter as the Anti-Discrimination Act 1991 or a provision of that Act .\n- (a) convicted of an offence against an anti-discrimination law—the information is that the applicant or associate was convicted of the offence; or\n- (b) the subject of a complaint alleging sexual harassment under an anti-discrimination law—the information is that the applicant or associate was the subject of the complaint.\n- (a) the Anti-Discrimination Act 1991 ; or\n- (b) a corresponding law; or\n- (c) the Sex Discrimination Act 1984 (Cwlth) .","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Miscellaneous information","content":"### sec.14 Miscellaneous information\n\nFor section 13 (3) (c) (iv) of the Act , the following information is also prescribed—\nif the applicant is an individual—the applicant’s date of birth;\nwhether, within 5 years before the application is made, an industry or professional body has—\nrefused to grant the applicant, or an associate of the applicant, membership of the body; or\nif the applicant or an associate of the applicant is a member of the body—\ntaken any disciplinary action against the applicant or person; or\nsuspended or cancelled the applicant’s or person’s membership of the body;\nwhether the applicant is liable to make long service leave payments under—\nthe Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or\nthe Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;\nwhether the applicant charges, or intends to charge, a worker a fee for any service provided to the worker in connection with the provision of labour hire services;\nthe regions in Queensland where the applicant provides, or intends to provide, labour hire services;\nthe industries to which the applicant provides, or intends to provide, labour hire services.\n- (a) if the applicant is an individual—the applicant’s date of birth;\n- (b) whether, within 5 years before the application is made, an industry or professional body has— (i) refused to grant the applicant, or an associate of the applicant, membership of the body; or (ii) if the applicant or an associate of the applicant is a member of the body— (A) taken any disciplinary action against the applicant or person; or (B) suspended or cancelled the applicant’s or person’s membership of the body;\n- (i) refused to grant the applicant, or an associate of the applicant, membership of the body; or\n- (ii) if the applicant or an associate of the applicant is a member of the body— (A) taken any disciplinary action against the applicant or person; or (B) suspended or cancelled the applicant’s or person’s membership of the body;\n- (A) taken any disciplinary action against the applicant or person; or\n- (B) suspended or cancelled the applicant’s or person’s membership of the body;\n- (c) whether the applicant is liable to make long service leave payments under— (i) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;\n- (i) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or\n- (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;\n- (d) whether the applicant charges, or intends to charge, a worker a fee for any service provided to the worker in connection with the provision of labour hire services;\n- (e) the regions in Queensland where the applicant provides, or intends to provide, labour hire services;\n- (f) the industries to which the applicant provides, or intends to provide, labour hire services.\n- (i) refused to grant the applicant, or an associate of the applicant, membership of the body; or\n- (ii) if the applicant or an associate of the applicant is a member of the body— (A) taken any disciplinary action against the applicant or person; or (B) suspended or cancelled the applicant’s or person’s membership of the body;\n- (A) taken any disciplinary action against the applicant or person; or\n- (B) suspended or cancelled the applicant’s or person’s membership of the body;\n- (A) taken any disciplinary action against the applicant or person; or\n- (B) suspended or cancelled the applicant’s or person’s membership of the body;\n- (i) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or\n- (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;","sortOrder":21},{"sectionNumber":"pt.3","sectionType":"part","heading":"Obligations of licensees","content":"# Obligations of licensees","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Prescribed matters for report— Act , s 32","content":"### sec.15 Prescribed matters for report— Act , s 32\n\nFor section 32 of the Act , the following matters are prescribed—\nwhether a relevant worker paid a fee or bond to the licensee for being supplied to another person;\nwhether any arrangement entered into between the licensee and a relevant worker was a piecework contract;\nwhether a relevant worker accrued any entitlements including, for example, long service leave, sick leave or annual leave;\nif the licensee supplied relevant workers who held a visa under the Migration Act 1958 (Cwlth) —\nthe number of workers supplied; and\nthe classes of visa held by the workers supplied;\nif the licensee provided accommodation to a relevant worker in connection with the provision of labour hire services—for each address—\nthe total number of bedrooms in the accommodation; and\nthe total number of relevant workers who used the accommodation at any time; and\nwhether use of the accommodation was a precondition of the worker being supplied as a worker;\nif the licensee is aware accommodation was provided by another person to a relevant worker, to the best of the licensee’s knowledge whether use of the accommodation by the relevant worker was a precondition to being supplied as a worker;\nif another service mentioned in section 31 (2) (j) of the Act was provided to a relevant worker by the licensee or, to the best of the licensee’s knowledge, by a person to whom the worker was supplied—\nwhether a fee was charged for the service; and\nif a fee was charged for the service—the amount of the fee.\nmeals, transport, job-finding\nIn this section—\nrelevant worker , for a licensee, means a worker supplied by the licensee to another person, who does work for the other person during the reporting period mentioned in section 31 (3) of the Act .\n(sec.15-ssec.1) For section 32 of the Act , the following matters are prescribed— whether a relevant worker paid a fee or bond to the licensee for being supplied to another person; whether any arrangement entered into between the licensee and a relevant worker was a piecework contract; whether a relevant worker accrued any entitlements including, for example, long service leave, sick leave or annual leave; if the licensee supplied relevant workers who held a visa under the Migration Act 1958 (Cwlth) — the number of workers supplied; and the classes of visa held by the workers supplied; if the licensee provided accommodation to a relevant worker in connection with the provision of labour hire services—for each address— the total number of bedrooms in the accommodation; and the total number of relevant workers who used the accommodation at any time; and whether use of the accommodation was a precondition of the worker being supplied as a worker; if the licensee is aware accommodation was provided by another person to a relevant worker, to the best of the licensee’s knowledge whether use of the accommodation by the relevant worker was a precondition to being supplied as a worker; if another service mentioned in section 31 (2) (j) of the Act was provided to a relevant worker by the licensee or, to the best of the licensee’s knowledge, by a person to whom the worker was supplied— whether a fee was charged for the service; and if a fee was charged for the service—the amount of the fee. meals, transport, job-finding\n(sec.15-ssec.2) In this section— relevant worker , for a licensee, means a worker supplied by the licensee to another person, who does work for the other person during the reporting period mentioned in section 31 (3) of the Act .\n- (a) whether a relevant worker paid a fee or bond to the licensee for being supplied to another person;\n- (b) whether any arrangement entered into between the licensee and a relevant worker was a piecework contract;\n- (c) whether a relevant worker accrued any entitlements including, for example, long service leave, sick leave or annual leave;\n- (d) if the licensee supplied relevant workers who held a visa under the Migration Act 1958 (Cwlth) — (i) the number of workers supplied; and (ii) the classes of visa held by the workers supplied;\n- (i) the number of workers supplied; and\n- (ii) the classes of visa held by the workers supplied;\n- (e) if the licensee provided accommodation to a relevant worker in connection with the provision of labour hire services—for each address— (i) the total number of bedrooms in the accommodation; and (ii) the total number of relevant workers who used the accommodation at any time; and (iii) whether use of the accommodation was a precondition of the worker being supplied as a worker;\n- (i) the total number of bedrooms in the accommodation; and\n- (ii) the total number of relevant workers who used the accommodation at any time; and\n- (iii) whether use of the accommodation was a precondition of the worker being supplied as a worker;\n- (f) if the licensee is aware accommodation was provided by another person to a relevant worker, to the best of the licensee’s knowledge whether use of the accommodation by the relevant worker was a precondition to being supplied as a worker;\n- (g) if another service mentioned in section 31 (2) (j) of the Act was provided to a relevant worker by the licensee or, to the best of the licensee’s knowledge, by a person to whom the worker was supplied— (i) whether a fee was charged for the service; and (ii) if a fee was charged for the service—the amount of the fee. Examples of other services— meals, transport, job-finding\n- (i) whether a fee was charged for the service; and\n- (ii) if a fee was charged for the service—the amount of the fee.\n- (i) the number of workers supplied; and\n- (ii) the classes of visa held by the workers supplied;\n- (i) the total number of bedrooms in the accommodation; and\n- (ii) the total number of relevant workers who used the accommodation at any time; and\n- (iii) whether use of the accommodation was a precondition of the worker being supplied as a worker;\n- (i) whether a fee was charged for the service; and\n- (ii) if a fee was charged for the service—the amount of the fee.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Licensees to notify chief executive of particular changes in circumstances — Act , s 40","content":"### sec.16 Licensees to notify chief executive of particular changes in circumstances — Act , s 40\n\nFor section 40 (3) of the Act , definition prescribed change , each of the following is a prescribed change—\na change in any of the following details contained in the register for the licensee—\nname;\nbusiness name;\ncontact details;\na change in a matter mentioned in section 27 (1) (b) and (d) to (g) of the Act for the licensee;\na change in a matter mentioned in section 27 (1) (b) , (d) , (e) and (g) of the Act for either of the following—\na nominated officer for a licensee;\nif a licensee is a corporation—an executive officer of the corporation;\nthe licensee starts to—\nprovide accommodation for workers supplied to another person by the licensee; or\nsupply workers who hold visas under the Migration Act 1958 (Cwlth) ;\nany of the following persons are convicted of a serious criminal offence—\nif the licensee is an individual—the licensee;\nif a nominated officer for the licensee is an individual other than the licensee—the nominated officer;\nif the licensee is a corporation—a person who is an executive officer of the corporation.\n- (a) a change in any of the following details contained in the register for the licensee— (i) name; (ii) business name; (iii) contact details;\n- (i) name;\n- (ii) business name;\n- (iii) contact details;\n- (b) a change in a matter mentioned in section 27 (1) (b) and (d) to (g) of the Act for the licensee;\n- (c) a change in a matter mentioned in section 27 (1) (b) , (d) , (e) and (g) of the Act for either of the following— (i) a nominated officer for a licensee; (ii) if a licensee is a corporation—an executive officer of the corporation;\n- (i) a nominated officer for a licensee;\n- (ii) if a licensee is a corporation—an executive officer of the corporation;\n- (d) the licensee starts to— (i) provide accommodation for workers supplied to another person by the licensee; or (ii) supply workers who hold visas under the Migration Act 1958 (Cwlth) ;\n- (i) provide accommodation for workers supplied to another person by the licensee; or\n- (ii) supply workers who hold visas under the Migration Act 1958 (Cwlth) ;\n- (e) any of the following persons are convicted of a serious criminal offence— (i) if the licensee is an individual—the licensee; (ii) if a nominated officer for the licensee is an individual other than the licensee—the nominated officer; (iii) if the licensee is a corporation—a person who is an executive officer of the corporation.\n- (i) if the licensee is an individual—the licensee;\n- (ii) if a nominated officer for the licensee is an individual other than the licensee—the nominated officer;\n- (iii) if the licensee is a corporation—a person who is an executive officer of the corporation.\n- (i) name;\n- (ii) business name;\n- (iii) contact details;\n- (i) a nominated officer for a licensee;\n- (ii) if a licensee is a corporation—an executive officer of the corporation;\n- (i) provide accommodation for workers supplied to another person by the licensee; or\n- (ii) supply workers who hold visas under the Migration Act 1958 (Cwlth) ;\n- (i) if the licensee is an individual—the licensee;\n- (ii) if a nominated officer for the licensee is an individual other than the licensee—the nominated officer;\n- (iii) if the licensee is a corporation—a person who is an executive officer of the corporation.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Report to be in approved form","content":"### sec.17 Report to be in approved form\n\nA report under section 31 of the Act must be in the approved form.","sortOrder":25},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":26},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Fees","content":"### sec.18 Fees\n\nThe fees payable under the Act are prescribed in schedule 1 .","sortOrder":28},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Register","content":"## Register","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Register— Act , s 103","content":"### sec.19 Register— Act , s 103\n\nIf the business to which the licence relates is known by a name other than the business name shown in the register, the business’s other name is prescribed for section 103 (2) (n) of the Act .","sortOrder":30},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Approved forms","content":"## Approved forms","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Approved forms","content":"### sec.20 Approved forms\n\nThe availability under the Act of a form, or a new version of a form, must be notified on a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\nA form, a new version of a form or a notice is published on the website mentioned in subsection (1) if it is published on, or accessible through, the website.\nThis section applies despite the Acts Interpretation Act 1954 , section 48 (5) and (6) .\ns 20 amd 2020 Act No. 15 s 218 sch 1\n(sec.20-ssec.1) The availability under the Act of a form, or a new version of a form, must be notified on a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n(sec.20-ssec.2) A form, a new version of a form or a notice is published on the website mentioned in subsection (1) if it is published on, or accessible through, the website.\n(sec.20-ssec.3) This section applies despite the Acts Interpretation Act 1954 , section 48 (5) and (6) .","sortOrder":32},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Keeping of records and documents","content":"## Keeping of records and documents","sortOrder":33},{"sectionNumber":"sec.21","sectionType":"section","heading":"Requirement to keep supporting financial documents","content":"### sec.21 Requirement to keep supporting financial documents\n\nA licensee must keep a copy of each financial document the licensee described in the licensee’s application for a licence under section 6 .\nMaximum penalty—20 penalty units.","sortOrder":34},{"sectionNumber":"sec.22","sectionType":"section","heading":"Requirement to keep documents used for reporting","content":"### sec.22 Requirement to keep documents used for reporting\n\nA licensee must keep a copy of each document the licensee used to prepare a report for section 31 of the Act .\nMaximum penalty—20 penalty units.","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Record keeping","content":"### sec.23 Record keeping\n\nA licensee must ensure a record or document kept under the Act is kept, or is capable of being produced, in the English language.\nMaximum penalty—10 penalty units.\nA licensee must keep each record or document the licensee is required to keep under the Act in a secure, orderly and accessible way.\nMaximum penalty—10 penalty units.\nA licensee must keep each record or document the licensee is required to keep under the Act for at least 7 years after the licensee stops being a licensee.\nMaximum penalty—20 penalty units.\n(sec.23-ssec.1) A licensee must ensure a record or document kept under the Act is kept, or is capable of being produced, in the English language. Maximum penalty—10 penalty units.\n(sec.23-ssec.2) A licensee must keep each record or document the licensee is required to keep under the Act in a secure, orderly and accessible way. Maximum penalty—10 penalty units.\n(sec.23-ssec.3) A licensee must keep each record or document the licensee is required to keep under the Act for at least 7 years after the licensee stops being a licensee. Maximum penalty—20 penalty units.","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Keeping documents in electronic form","content":"### sec.24 Keeping documents in electronic form\n\nThis section applies if—\na licensee is required to keep a document under the Act ; and\nthe document is stored in electronic form on a computer.\nThe licensee must ensure—\nthe computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\nthe computer system is backed up at least once a month; and\na computer disk or other electronic device used to store the backed-up information is kept in a location that—\nis not the licensee’s principal place of business or the licensee’s registered address; and\nis unaffected by magnetic interference or another thing that may adversely affect the stored information.\nMaximum penalty—10 penalty units.\nIn this section—\nregistered address , for a licensee, means the address for the business to which the licence relates contained in the register.\n(sec.24-ssec.1) This section applies if— a licensee is required to keep a document under the Act ; and the document is stored in electronic form on a computer.\n(sec.24-ssec.2) The licensee must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the licensee’s principal place of business or the licensee’s registered address; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.\n(sec.24-ssec.3) In this section— registered address , for a licensee, means the address for the business to which the licence relates contained in the register.\n- (a) a licensee is required to keep a document under the Act ; and\n- (b) the document is stored in electronic form on a computer.\n- (a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\n- (b) the computer system is backed up at least once a month; and\n- (c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the licensee’s principal place of business or the licensee’s registered address; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.\n- (i) is not the licensee’s principal place of business or the licensee’s registered address; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the licensee’s principal place of business or the licensee’s registered address; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.","sortOrder":37}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond basic labour hire licensing into a comprehensive character and fitness test for business operators. Originally focused on ensuring labour hire companies could pay workers and meet safety obligations, it now functions as a broad integrity screening mechanism covering: family members' insolvency (section 10), sexual harassment complaints (section 13), professional body disciplinary actions (section 14), and 13 different safety and transport offence categories (section 12). The 2023 and 2024 amendments visible in the text suggest continued expansion of regulatory reach."},"complexity_factors":["Extensive cross-referencing to other legislation (Fair Work Act 2009, Work Health and Safety Act 2011, Workers' Compensation and Rehabilitation Act 2003, Migration Act 1958, Corporations Act, and 13 other specific Queensland Acts)","Multiple defined terms with nested definitions ('associate', 'related person', 'close associate', 'in-house employee', 'corresponding law')","Complex conditional logic in section 4 with 6 distinct exemptions from the definition of 'worker', each with sub-conditions","5-year lookback periods applied inconsistently across different disclosure requirements (some apply to 'applicant or related person', others to 'applicant or associate')","Differential treatment of individuals vs corporations throughout (e.g., section 10 solvency disclosures)","Amendment history visible in text (2023 and 2024 amendments) indicating evolving regulatory scope","Multiple overlapping disclosure categories in Part 2 (financial, safety, migration, solvency, discrimination, miscellaneous) creating compliance burden","Specific technical requirements for electronic record keeping (backup frequency, magnetic interference protection)"],"plain_english_summary":"This regulation sets out the detailed rules for Queensland's labour hire licensing scheme. It explains who counts as a 'worker' (and who doesn't), what information labour hire companies must provide when applying for a licence, and what ongoing obligations they have once licensed.\n\n**Key things this regulation does:**\n\n**Defines who is NOT a 'worker' for licensing purposes**\n- High-income earners (above the Fair Work Act threshold) not covered by awards or agreements\n- Executive officers who are the only person a corporation supplies to do work\n- 'In-house employees' temporarily seconded to other businesses (like lawyers on secondment or consultants)\n- Community care workers who work in various locations including clients' homes\n- Workers supplied between related companies within the same business group\n\n**Sets out licence application requirements**\nLabour hire providers must disclose:\n- **Financial viability**: Profit/loss statements, balance sheets, cash flow projections, proof they can pay workers and superannuation\n- **Safety record**: Any work health and safety convictions or enforceable undertakings in the past 5 years, plus current workers compensation insurance details\n- **Other licences**: Any interstate labour hire licences or professional accreditations held, refused, or cancelled\n- **Migration compliance**: Visa status, any migration law breaches, whether they supply visa holders or participate in the Seasonal Worker Programme\n- **Corporate history**: Insolvency of related companies, bankruptcy of close associates (family, business partners)\n- **Workplace law compliance**: Convictions under Fair Work laws, anti-discrimination breaches, sexual harassment complaints, and offences under 13 specific safety and transport laws\n- **Operational details**: Date of birth (for individuals), industry body disciplinary actions, portable long service leave obligations, fees charged to workers, geographic regions and industries served\n\n**Creates ongoing obligations for licensed providers**\n- **Annual reporting**: Must report on fees/bonds charged to workers, piecework contracts, leave entitlements accrued, visa holder numbers and visa classes, accommodation details (bedrooms, occupancy, whether housing was mandatory for employment), and fees for ancillary services like meals or transport\n- **Change notifications**: Must notify the regulator of changes to business details, nominated officers, executive officers, or if they start providing accommodation or supplying visa holders\n- **Record keeping**: Must keep financial documents, reporting documents, and all records for 7 years after ceasing to be a licensee; records must be in English, secure, and accessible; electronic records need monthly backups stored off-site\n\n**Why this matters:**\nThis regulation protects vulnerable workers—particularly migrant workers and those in precarious employment—from exploitation by ensuring labour hire companies are financially stable, legally compliant, and transparent about their operations. It targets 'phoenixing' (where companies collapse and reappear to avoid debts) and ensures companies with poor safety, migration, or workplace law records can be identified and potentially excluded from the industry."},"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"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.4(1)(b)","severity":"medium","reasoning":"The purpose of the exemption appears to be recognising that an executive officer is not a vulnerable worker needing protection. That rationale applies equally whether one or two executive officers are supplied. The 'only individual' condition creates an irrational cliff-edge: a corporation supplying its CEO to a related entity is exempt, but if it also supplies its CFO, both become regulated workers.","confidence":0.82,"description":"The executive officer exemption only applies when the executive officer is 'the only individual the provider supplies'. This means a corporation supplying two executive officers requires a licence, but supplying one does not. The regulatory concern about labour hire exploitation is identical in both scenarios, making the threshold arbitrary."},{"type":"circular_definition","section":"sec.4(1)(c) and sec.4(2)","severity":"high","reasoning":"Section 4(2)(c) defines an in-house employee as someone who 'primarily performs work for the provider other than as a worker supplied to another person'. Section 4(1)(c) then exempts in-house employees supplied on a temporary basis. If the temporary supplies become sufficiently frequent, the person ceases to primarily work for the provider and is no longer an in-house employee, losing the exemption. The regulation provides no guidance on when accumulated temporary supplies cross the threshold, creating an unstable, self-defeating definition.","confidence":0.85,"description":"The 'in-house employee' exemption requires the individual to 'primarily perform work for the provider other than as a worker supplied to another person'. But the very act of being supplied to another person on a temporary basis (which triggers the exemption) is the conduct being evaluated. An individual supplied frequently on a 'temporary basis' may, in aggregate, primarily work for other persons, thereby failing the definition of in-house employee and losing the exemption that brought them within the definition in the first place."},{"type":"impossible_compliance","section":"sec.23(3)","severity":"high","reasoning":"The obligation to keep records attaches personally to 'a licensee'. Once the entity ceases to exist—whether through death of a natural person, deregistration of a company, or dissolution—there is no legal subject capable of bearing the obligation. A 7-year post-licence tail obligation is particularly problematic given no successor or transferee obligation is articulated in the regulation.","confidence":0.78,"description":"A licensee is required to keep records for at least 7 years 'after the licensee stops being a licensee'. If a licensee dies, is dissolved (in the case of a corporation), or otherwise ceases to exist, it is physically impossible for the former licensee to comply with a continuing obligation that runs for 7 years post-cessation."},{"type":"impossible_compliance","section":"sec.24(2)(c)","severity":"medium","reasoning":"The phrase 'unaffected by... another thing that may adversely affect the stored information' is unlimited in scope. Virtually any location could theoretically be 'affected' by something. If read literally, no location would satisfy this requirement. Courts would likely read it down to a reasonableness standard, but as drafted it is unachievable.","confidence":0.75,"description":"The requirement to keep backup media at a location 'unaffected by magnetic interference or another thing that may adversely affect the stored information' is an impossible standard. No physical location can guarantee freedom from all things that may adversely affect stored information (fire, flood, electromagnetic pulse, hardware failure, etc.). The word 'may' makes this a standard of absolute theoretical safety rather than reasonable precaution."},{"type":"self_contradicting","section":"sec.8(1) and sec.8(3)","severity":"medium","reasoning":"The section's operative trigger includes persons who have 'applied for' an interstate licence (including failed applications), but the defined term 'interstate licence' means a licence 'issued' under a corresponding law. A refused application produces no issued licence. The required disclosure in sec.8(2)(a) about refused applications thus cannot be properly framed within the definition structure.","confidence":0.8,"description":"Section 8 is triggered when an applicant 'has applied for, or held' an interstate licence. The definition of 'interstate licence' in sec.8(3) means a licence issued under a corresponding law. A licence that was applied for but refused was never 'issued', so an applicant who applied for but was refused an interstate licence technically holds no 'interstate licence', yet the trigger in sec.8(1)(a) refers to having 'applied for' one. The definition cannot be satisfied for refused applications, creating a gap in the disclosure regime."},{"type":"other","section":"sec.13(2)(b)","severity":"high","reasoning":"Requiring disclosure of unsubstantiated complaints conflates allegation with finding. There is no filter for complaints dismissed as vexatious or without merit. Combined with the 5-year window and the broad category of 'associate', this could capture a very wide range of unproven conduct.","confidence":0.88,"description":"The regulation requires disclosure of being 'the subject of a complaint alleging sexual harassment' without any requirement that the complaint was substantiated, found proven, or even formally investigated. A mere unsubstantiated complaint—which may have been dismissed at the first instance—triggers a mandatory disclosure obligation, potentially for 5 years. This treats allegations as equivalent to findings, raising serious fairness concerns and potentially chilling complaint processes."},{"type":"self_contradicting","section":"sec.21","severity":"medium","reasoning":"Section 6 prescribes that the information required is 'a description of the financial documents held'. The application requirement is thus descriptive, not documentary. Section 21 then creates a penalty obligation to keep copies of documents that were only described, not produced. If an applicant described a 'mental estimate of cash flow' or an informal arrangement, the sec.21 obligation becomes unworkable.","confidence":0.72,"description":"Section 21 requires a licensee to keep a copy of each financial document 'described in the licensee's application'. Section 6 only requires the applicant to provide 'a description of the financial documents held', not the documents themselves. A licensee could satisfy the application requirement by describing documents without lodging them, then be penalised under sec.21 for not keeping copies of documents that were never submitted and may not exist in any formal form."},{"type":"other","section":"sec.4(1)(a)(ii)","severity":"low","reasoning":"The interplay between the high income threshold (which already removes most award coverage) and the additional requirement to not be covered by an industrial instrument creates potential redundancy and confusion. An employee on a common law contract above the threshold but also covered by an enterprise agreement falls into an ambiguous zone.","confidence":0.65,"description":"The high-income threshold exemption under sec.4(1)(a) applies only to workers employed 'other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009'. However, the high income threshold under Fair Work Act s.333 itself operates to exclude employees from modern award coverage. An employee above the threshold is by definition unlikely to be covered by a modern award, meaning condition (ii) adds little practical restriction but creates interpretive complexity about employees on individual arrangements who are nonetheless covered by an enterprise agreement."}],"contradictions":[{"severity":"medium","section_a":"sec.5 — definition of 'associate' for a corporation","section_b":"sec.5 — definition of 'related person' for a corporation","confidence":0.75,"description":"The definition of 'associate' for a corporate applicant includes 'the corporation and each person who is an executive officer of the corporation'. The definition of 'related person' for a corporate applicant includes 'each person who is an executive officer of the corporation' and corporations of which those officers are or have been executive officers. The two terms overlap substantially but are used in different provisions (ss.8-9, 11-14, 16) creating inconsistent scope of disclosure obligations depending on which term applies. An executive officer appears in both definitions but the consequences differ: 'associate' triggers broader personal history checks while 'related person' triggers broader corporate history checks."},{"severity":"medium","section_a":"sec.7(a) — 5-year lookback for WHS convictions using 'related person'","section_b":"sec.11 — 5-year lookback for Fair Work convictions using 'related person'","confidence":0.8,"description":"Both sections use 'related person' for the 5-year lookback on convictions. However, sec.8 (other licences) and sec.12(a) (serious criminal offences) use 'associate' instead of 'related person' for some obligations. The inconsistent use of these two differently-defined terms across the disclosure provisions means the circle of persons whose histories must be disclosed differs depending on the type of conviction or event, without any apparent policy rationale for the distinction."},{"severity":"high","section_a":"sec.12(a) — serious criminal offence conviction: no time limit, uses 'associate'","section_b":"sec.12(b) — other specified offences: 5-year limit, uses 'related person'","confidence":0.88,"description":"Section 12(a) requires disclosure of serious criminal offence convictions for the applicant or an 'associate' with no time limit whatsoever. Section 12(b) requires disclosure of convictions under specified industry laws within '5 years before the application' for the applicant or a 'related person'. This creates a direct contradiction in scope: an executive officer's conviction under the Explosives Act 20 years ago need not be disclosed (s.12(b)), but the same executive officer's conviction for a serious criminal offence at any point in history must be disclosed (s.12(a)), using a different definition of who counts as an associate vs related person."},{"severity":"medium","section_a":"sec.16(b) — prescribed change references s.27(1)(b) and (d) to (g) for licensee","section_b":"sec.16(c) — prescribed change references s.27(1)(b), (d), (e) and (g) for nominated officer/executive officer","confidence":0.82,"description":"Section 16(b) requires notification of changes in matters under s.27(1)(b) and (d) to (g) for the licensee themselves. Section 16(c) requires notification of changes in matters under s.27(1)(b), (d), (e) and (g) for nominated officers and executive officers. Subsection (f) of s.27(1) is included in the licensee's obligations but excluded from the obligations regarding nominated officers and executive officers without any stated rationale, creating an asymmetry in the notification regime."},{"severity":"medium","section_a":"sec.13(2)(b) — complaint-based disclosure using 'associate'","section_b":"sec.11 — Fair Work infringement notice disclosure using 'related person'","confidence":0.76,"description":"Sexual harassment complaint disclosure under sec.13 uses 'associate' (which for a corporate applicant includes the corporation itself and its executive officers). Fair Work infringement notice disclosure under sec.11 uses 'related person' (which extends to other corporations of which executive officers are or have been officers). The broader 'related person' definition is applied to the lesser matter (infringement notices) while the narrower 'associate' definition is applied to the more serious reputational matter (sexual harassment complaints), inverting the expected policy priority."},{"severity":"medium","section_a":"sec.10(1)(a) — solvency of 'close associate' for individual applicants","section_b":"sec.10(1)(b) — solvency of 'related body corporate' for corporate applicants","confidence":0.78,"description":"For individual applicants, sec.10 requires disclosure of whether a 'close associate' (a broad personal network including household members and persons who can influence conduct) has been insolvent. For corporate applicants, only 'related body corporate' insolvency need be disclosed — the personal solvency history of the corporation's executive officers is not captured. This creates an anomaly where an individual applicant must disclose a flatmate's insolvency but a corporate applicant need not disclose that its sole director was personally bankrupt."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation stays true to its stated purpose: providing the detailed procedural and definitional machinery to implement Queensland's labour hire licensing scheme. It does not appear to have expanded beyond that intended scope. The broad disclosure requirements and exclusion categories are consistent with the regulatory design of a licensing scheme aimed at protecting vulnerable workers."},"complexity_factors":["Extensive cross-referencing to the parent Act and multiple other Commonwealth and Queensland statutes (Fair Work Act, Migration Act, Work Health and Safety Act, Workers' Compensation and Rehabilitation Act, Corporations Act, and more than a dozen others)","Multi-layered definitions of key terms — 'worker', 'associate', 'related person', 'in-house employee', 'close associate' — each with their own sub-conditions","The 'who is not a worker' exclusions require careful factual analysis and comparison against multiple criteria simultaneously","Disclosure requirements span financial, criminal, migration, safety, insurance, discrimination, insolvency, and professional conduct domains — requiring knowledge across many regulatory areas","Ongoing obligations (reporting, record-keeping, notification) create a complex ongoing compliance burden for licensees","Electronic record-keeping rules add technical specificity (offsite backup, magnetic interference protection) unusual for a licensing regulation","Scope of 'related person' and 'associate' checks extends obligations well beyond the applicant to directors, executive officers, related corporations, and even family members","Interaction between state and Commonwealth regulatory frameworks (especially Fair Work and Migration) creates jurisdictional complexity"],"plain_english_summary":"This regulation sets out how Queensland’s labour hire licensing scheme works in practice: the practical requirements for providers to obtain and maintain a licence, the information and records they must keep, and the notifications and reports regulators can require. It affects labour‑hire businesses, the workers they supply, and businesses that engage them — and matters because it aims to prevent exploitation and ensure only financially stable, law‑abiding providers operate."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This version expanded the information and compliance perimeter relative to a minimal licensing checklist. Amendments recorded in the text broaden the regulator’s inquiries and documentary requirements: for example, solvency checks of associated entities were added or clarified (s 10, amendment note 2023), and the list of industry-specific offences checked on application was expanded (s 12, amendment note 2024). The regulation also tightened operational obligations — more granular reporting about visa-holders and worker accommodation (s 9, s 15), explicit electronic backup rules (s 24), and longer documentary retention and penalties (ss 21–23). Those changes increase the regulatory scope from basic fit‑and‑proper and financial checks to multi-year cross‑jurisdictional compliance history, broader criminal/offence screening and stricter information‑management standards, thereby increasing compliance and verification duties for applicants and licence‑holders."},"complexity_factors":["Several distinct information regimes to satisfy (financial viability, WHS/workers' compensation, migration, solvency, workplace/offence history, discrimination/sexual harassment, miscellaneous) (ss 6–14).","Multiple conditional branches depending on legal form of applicant (individual v corporation), nominated officer status, and whether the applicant supplies visa-holders or provides accommodation (e.g. ss 4, 5, 9, 10, 15, 16).","Frequent cross-references to external Commonwealth and State laws and particular sections (Fair Work Act 2009 s333 and s715; Migration Act 1958; Corporations Act; Work Health and Safety Act 2011; Workers' Compensation and Rehabilitation Act 2003; Anti-Discrimination Act 1991, etc.).","Repeated 5‑year lookback periods across many checks (ss 7–13), increasing documentary retrieval complexity.","Detailed, prescriptive record-keeping and electronic backup technical requirements with specified retention periods and distinct penalty units (ss 21–24).","Schedules and approved-form mechanics: fees in schedule 1 and defined terms in schedule 2 increase cross-referencing (s 18, s 3).","Recent amendments noted (s 10, s 12) expanding prescribed checks — adds to evolving complexity and interpretive work for users and regulators.","Mixed audience for requirements (applicants, licence-holders, nominated officers, executive officers) increases the number of parties who must navigate different obligations (parts 2–4)."],"plain_english_summary":"**What this regulation does**\n\n- Sets out the detailed paperwork, disclosure and record-keeping requirements for people and businesses that apply for, hold or report under a labour-hire licence (the Act’s licensing scheme).  It translates the licensing tests in the Act into the concrete items applicants must provide and the reports and records licence-holders must keep.  (See parts 2–4 and especially ss 6–16, 21–24.)\n\n**Who is affected**\n\n- Labour‑hire providers and their nominated officers or executive officers (applicants for licences and current licence‑holders).\n- Workers supplied by those providers (the regulation requires licence-holders to report on fees charged to workers, visa status, accommodation provided and entitlements). (See s 15.)\n- The chief executive (the regulator), who receives applications, notifications and statutory reports and makes licensing decisions based on the prescribed information. (See ss 16–17.)\n\n**How it works mechanically**\n\n- Application content: The regulation prescribes specific categories of information that applicants must give when seeking a labour‑hire licence, including detailed evidence about financial viability (profit & loss, balance sheet, cash flow, accountant reports) (s 6); work health & safety and workers' compensation history and insurance details (s 7); other licences held or refused and related disciplinary history (s 8); migration-related information about visas and the supply of visa holders (s 9); solvency history of associated entities (s 10); workplace safety and Fair Work Act-related convictions or enforceable undertakings (s 11); criminal and industry‑specific offence history (s 12); and discrimination/sexual harassment history (s 13). Many of those checks look back over the previous 5 years. (See pt 2 generally.)\n\n- Ongoing licence-holder obligations: Licence-holders must report specified matters about their supplied workers (fees/bonds charged, whether piecework contracts were used, entitlements accrued, numbers and visa classes of supplied visa-holders, accommodation details and whether accommodation was a precondition of supply, fees for other services such as meals/transport/job finding) (s 15). Licence‑holders must notify the chief executive of prescribed changes (name, contact, nominated officers/executive officers, starting to provide accommodation, starting to supply visa-holders, and convictions for serious criminal offences) (s 16).\n\n- Forms, register and fees: Reports must be in the approved form (s 17). Fees payable under the Act are set out in schedule 1 to the regulation (s 18). The regulation also prescribes how other business names are recorded on the register (s 19) and requires publication/notification of forms on a Queensland government website (s 20).\n\n- Records and data storage: Licence-holders must keep the financial documents they relied on in their application (s 21) and documents used to prepare statutory reports (s 22). Records must be in English, kept securely and accessible, and retained for at least 7 years after the licence ends (s 23). If records are kept electronically, the regulation requires sufficient system capacity, monthly backups and offsite backup storage not at the principal place of business (s 24). Penalty units apply to failures (ss 21–24).\n\n**Official stated purpose and an operational test**\n\n- The regulation’s stated effect is to give the regulator the factual inputs needed to assess whether applicants and licence‑holders meet the fit‑and‑proper and operational tests in the Act (for example, by checking financial viability, safety and legal compliance).  That purpose follows from the set of prescribed information categories (ss 6–14) and the reporting obligations (s 15).\n\n- Testing that purpose against costs and incentives:\n  - Who pays: applicants and licence‑holders bear compliance costs — gathering financial statements, obtaining accountant reports, assembling 5‑year history checks, keeping and backing up records, and paying licence fees (ss 6, 21–24, s 18 schedule 1).  There are also risk costs if disclosure of adverse history leads to application refusal or further regulatory action (ss 8, 10–13, 16).\n  - Who decides: the chief executive (the regulator) uses the prescribed information when deciding licence applications and when supervising licence‑holders (ss 16–17).  That centralises information used in discretionary licensing decisions.\n  - Behaviour likely to change: applicants will structure disclosure and record systems to satisfy the prescribed items; some small operators may need to upgrade bookkeeping and IT backup procedures; providers that supply visa‑holders or provide worker accommodation will need to report those activities explicitly (ss 9, 15, 16, 24).\n  - Trade‑offs and opportunity costs: the rule increases factual visibility for the regulator (which helps enforcement) but raises compliance costs and administrative load on providers, potentially increasing the cost of entering or remaining in the labour‑hire market.  The regulation shifts the burden onto private businesses to collect and retain multi-year documentary evidence (ss 6, 21–24).\n  - Implementation and verification risk: many items are self-reported or documentary; verifying historic conduct across jurisdictions (other States, Commonwealth Acts) creates administrative work for the regulator and potential evidentiary disputes (ss 8, 11–13).\n\n**Key compliance levers and sanctions**\n\n- Specific penalties for record-keeping and backup failures (up to 20 penalty units for some failures) (ss 21–24).\n- Licence decisions and supervisory action depend on the disclosed facts (ss 6–16).  Fees for application and licence are set in schedule 1 (s 18).\n\n**Bottom line (procedural effect)**\n\n- The regulation turns broad statutory licensing standards into a checklist: detailed financial, safety, migration and criminal/offence history information is required up front and for ongoing reporting; records must be kept securely and backed up; specific changes must be notified; fees are prescribed; and failure to keep required records attracts monetary penalties (see ss 6–16 and 21–24)."}},"importantCases":[],"_links":{"self":"/api/acts/labour-hire-licensing-regulation-2018","history":"/api/acts/labour-hire-licensing-regulation-2018/history","analysis":"/api/acts/labour-hire-licensing-regulation-2018/analysis","conflicts":"/api/acts/labour-hire-licensing-regulation-2018/conflicts","importantCases":"/api/acts/labour-hire-licensing-regulation-2018/important-cases","documents":"/api/acts/labour-hire-licensing-regulation-2018/documents"}}