{"id":"sl-2021-9","name":"Labour Hire Licensing Regulation 2021","slug":"labour-hire-licensing-regulation-2021","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"9 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173413,"registerId":"act-sl-2021-9-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Labour Hire Licensing Regulation 2021","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLabour Hire Licensing Regulation 2021\nSL2021-9\nmade under the\nLabour Hire Licensing Act 2020\nRepublication No 1\nEffective: 27 May 2021\nRepublication date: 27 May 2021\nRegulation not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Labour Hire Licensing Regulation 2021, made under the Labour\nHire Licensing Act 2020 (including any amendment made under the Legislation Act 2001, part\n11.3 (Editorial changes)) as in force on 27 May 2021. It also includes any commencement, repeal\nor expiry affecting this republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLabour Hire Licensing Regulation 2021\nmade under the\nLabour Hire Licensing Act 2020\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Application for licence—general information—Act, s 24 (2) (b) 2\n6 Application for licence—suitability information—Act, s 24 (2) (b) 4\n7 Licence conditions—Act, s 29 (e) 8\n8 Labour hire licence register—Act, s 31 (2) (a) (vi) 8\n9 Workplace law or standard—Act, dict, def workplace law or standard,\npar (c) 9\n\nContents\nPage\ncontents 2 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 10\nEndnotes\n1 About the endnotes 11\n2 Abbreviation key 11\n3 Legislation history 12\n4 Amendment history 12\n\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLabour Hire Licensing Regulation 2021\nmade under the\nLabour Hire Licensing Act 2020\n\nSection 1\npage 2 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Labour Hire Licensing Regulation 2021.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n5 Application for licence—general information—Act,\ns 24 (2) (b)\n(1) An application for a licence must state the following:\n(a) the applicant’s name and contact details;\n(b) if the applicant is an individual—the applicant’s date of birth;\n(c) if the applicant operates the business under a registered business\nname—the registered business name;\n(d) if the applicant operates the business under a trading name—the\ntrading name;\n(e) if the applicant operates the business with contact details other\nthan the applicant’s contact details—the business’s contact\ndetails;\n(f) if the applicant has an ABN—the ABN;\n(g) if the applicant has an ACN—the ACN;\n(h) each industry in which the applicant intends to provide labour\nhire services;\n\nSection 5\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) for each industry mentioned in paragraph (h)—the industrial\ninstruments to be used by the applicant for the workers the\napplicant intends to supply;\n(j) if the applicant intends to provide labour hire services in more\nthan one industry—the main industry in which the applicant\nintends to provide labour hire services;\n(k) if the applicant is a corporation—the name and contact details\nof each influential person for the corporation;\n(l) if the applicant is not a corporation—the name and contact\ndetails of each close associate of the applicant’s business;\n(m) the number of workers who are visa holders that the applicant\nintends to supply.\n(2) An application for a licence must include—\n(a) if the applicant holds a compulsory insurance policy for the\nWorkers Compensation Act 1951—a copy of the applicant’s\ncertificate of currency; and\n(b) if the applicant is self-insured for the Workers Compensation\nAct 1951—a copy of the applicant’s self-insurer licence; and\n(c) if the applicant is registered as an employer for a covered\nindustry under the Long Service Leave (Portable Schemes)\nAct 2009—a copy of the applicant’s certificate of registration.\n\nSection 6\npage 4 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nclose associate—a person is a close associate of the applicant’s\nbusiness if the person—\n(a) holds or will hold a position (however described), including on\nbehalf of someone else, in the applicant’s business that is\nconcerned with, or takes part in, the management of the\nbusiness; or\n(b) is or will be able to exercise a significant influence, including on\nbehalf of someone else, in relation to the conduct of the\napplicant’s business because the person holds or will hold a\nfinancial interest, or is entitled to exercise a relevant power, in\nthe business.\nfinancial interest, in a business, means—\n(a) a share in the capital of the business; or\n(b) an entitlement to receive income derived from the business,\nhowever the entitlement arises.\nrelevant power, in a business, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe business; or\n(b) to elect or appoint a person responsible for directorial,\nmanagerial or executive decisions in the business.\n6 Application for licence—suitability information—Act,\ns 24 (2) (b)\n(1) Unless subsection (3) or (4) applies, an application for a licence must\nstate if, in the previous 5 years, the applicant—\n(a) had an application for a licence refused under a labour hire law;\nor\n\nSection 6\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) held a licence under a labour hire law that was cancelled or\nsuspended, or for which conditions were imposed; or\n(c) was subject, under a labour hire law, to—\n(i) regulatory action, even if the action is under review or\nappeal; or\n(ii) a court or tribunal proceeding; or\n(iii) another form of discipline or investigation in relation to the\napplicant’s conduct; or\n(d) was convicted, or found guilty, of an indictable offence; or\n(e) was convicted, or found guilty, of an offence against a\nworkplace law or standard; or\n(f) was—\n(i) the subject of a complaint under an anti-discrimination\nlaw; or\n(ii) convicted, or found guilty, of an offence against an\nanti-discrimination law; or\n(g) was—\n(i) the subject of a WHS undertaking accepted by the regulator\nunder the Work Health and Safety Act 2011 or a\ncorresponding undertaking under a corresponding WHS\nlaw; or\n(ii) the subject of a civil proceeding under the Work Health and\nSafety Act 2011, division 6.3 or a corresponding\nproceeding under a corresponding WHS law; or\n(iii) served with an infringement notice for an infringement\nnotice offence against the Work Health and Safety Act 2011\nor the Work Health and Safety Regulation 2011 or a\ncorresponding notice for an offence against a\ncorresponding WHS law; or\n\nSection 6\npage 6 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) entered into an enforceable undertaking under the Fair Work\nAct 2009 (Cwlth) in relation to the contravention of obligations\nabout employee payments and entitlements and protections; or\n(i) was found to have contravened the Fair Work Act 2009 (Cwlth)\nin relation to obligations about employee payments and\nentitlements and protections; or\n(j) if the applicant is an individual—had action taken against them\nunder the Migration Act 1958 (Cwlth) in relation to—\n(i) the applicant being a visa holder; or\n(ii) the supply of a worker who is a visa holder; or\n(k) if the applicant is a corporation—had action taken against an\ninfluential person for the corporation under the Migration\nAct 1958 (Cwlth) in relation to—\n(i) the influential person being a visa holder; or\n(ii) the supply of a worker who is a visa holder.\n(2) An application for a licence must also include information about the\napplicant’s financial capacity to meet its obligations under workplace\nlaws or standards including the applicant’s capacity to pay the\nworkers to be supplied by the applicant the wage, allowances,\nsuperannuation contribution and other payments to which the workers\nare entitled.\n(3) The applicant need not state the matters mentioned in subsection (1),\nor include the matters mentioned in subsection (2), if the applicant—\n(a) holds a licence under another labour hire law; and\n\nSection 6\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) gives the commissioner evidence that the licence is not the\nsubject of any regulatory action under that law.\nNote 1 The applicant is taken to be a suitable person if the applicant holds a\nlicence under another labour hire law and the licence is not the subject of\nany regulatory action under that law (see Act, s 28 (3) (b)).\nNote 2 The commissioner may, by written notice, require the applicant to\nprovide more information reasonably needed to decide the application\n(see Act, s 25).\n(4) The commissioner may decide that an applicant does not need to state\nthe matters mentioned in subsection (1), or include the matters\nmentioned in subsection (2), if the commissioner is satisfied the\napplicant—\n(a) is a registered group training organisation; or\n(b) can otherwise demonstrate that the applicant is a suitable person\nto hold a licence.\n(5) In this section:\nanti-discrimination law means—\n(a) the Discrimination Act 1991; or\n(b) the Sex Discrimination Act 1984 (Cwlth); or\n(c) a law of a State or another Territory corresponding, or\nsubstantially corresponding, to a law mentioned in paragraph (a)\nor (b).\ncorresponding WHS law—see the Work Health and Safety Act 2011,\ndictionary.\nregistered group training organisation means a registered training\norganisation that employs apprentices or trainees.\n\nSection 7\npage 8 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nregistered training organisation—see the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\nWHS undertaking—see the Work Health and Safety Act 2011,\nsection 216 (1).\n7 Licence conditions—Act, s 29 (e)\nIt is a condition of a labour hire licence that if information in the\napplication for the licence (or if section 6 (3) or (4) applies, other\ninformation relevant to the licensee being a suitable person to hold a\nlicence) changes the licensee must give the commissioner written\nnotice of the details of the change within 7 days after becoming aware\nof the change.\n8 Labour hire licence register—Act, s 31 (2) (a) (vi)\n(1) The register must include—\n(a) the licensee’s business contact details; and\n(b) if the licensee is a corporation—the name and contact details of\neach influential person for the corporation; and\n(c) if the applicant’s business has a close associate—the name and\ncontact details of each close associate; and\n(d) the industry, or the main industry, in which the licensee provides\nlabour hire services.\n(2) In this section:\nclose associate—see section 5 (3).\n\nSection 9\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Workplace law or standard—Act, dict, def workplace law\nor standard, par (c)\nThe following laws are prescribed:\n(a) the Superannuation Guarantee (Administration) Act 1992\n(Cwlth);\n(b) the Superannuation Guarantee Charge Act 1992 (Cwlth);\n(c) the Training and Tertiary Education Act 2003.\n\nDictionary\npage 10 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• change\n• corporation\n• found guilty\n• indictable offence (see s 190)\n• individual.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Labour Hire Licensing Act 2020. For example, the following terms\nare defined in the Labour Hire Licensing Act 2020, dict:\n• commissioner\n• labour hire law\n• labour hire licence\n• labour hire services\n• regulatory action\n• worker (see s 8)\n• workplace law or standard.\ninfluential person, for a corporation—see the Act, section 28 (5).\nvisa holder—see the Migration Act 1958 (Cwlth), section 5.\n\nEndnotes\nAbout the endnotes 1\nR1\n27/05/21\nLabour Hire Licensing Regulation 2021\nEffective: 27/05/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 12 Labour Hire Licensing Regulation 2021\nEffective: 27/05/21\nR1\n27/05/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nLabour Hire Licensing Regulation 2021 SL2021-9\nnotified LR 19 May 2021\ns 1, s 2 commenced 19 May 2021 (LA s 75 (1))\nremainder commenced 27 May 2021 (s 2 and see Labour Hire\nLicensing Act 2020 A2020-21, s 2 (2))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation operationalises the Labour Hire Licensing Act 2020 by prescribing application and suitability information, licence conditions, register fields and certain prescribed workplace laws. It does not itself expand or reduce the statutory scope set by the parent Act within this instrument."},"complexity_factors":["Detailed application content and documentary evidence requirements (s 5(1)–(2)): identity, business names, ABN/ACN, industries, industrial instruments, insurance and registration certificates.","Extensive suitability disclosures covering past licence refusals/cancellations, regulatory action, criminal and workplace‑law convictions, WHS matters, Fair Work outcomes and migration actions (s 6(1)).","Financial capacity evidence requirement to show ability to meet workplace law obligations (s 6(2)).","Commissioner discretion to accept licences held interstate or to waive information for registered group training organisations or other suitable applicants (s 6(3)–(4)); commissioner may request further information (note to s 6).","Ongoing compliance obligation to notify changes within 7 days after becoming aware (licence condition, s 7).","Register content requirements that will publicly record business contact details, influential people, close associates and industry focus (s 8(1)).","Multiple cross‑references to other statutes and definitions (Labour Hire Licensing Act 2020, Migration Act, Work Health and Safety Act, Fair Work Act, Superannuation Acts) increasing interpretive and evidentiary complexity (s 6(5), s 9, Dictionary).","Specified list of prescribed workplace laws (s 9) and reliance on defined terms in the Dictionary and the parent Act for key concepts (Dictionary).","Penalty unit values and commencement details noted in the republished law prefatory material, affecting sanction magnitude."],"plain_english_summary":"This regulation sets the paperwork and procedural rules for getting and keeping a labour hire licence in the ACT: what applicants must disclose and supply, what suitability checks are required, an obligation to notify changes within 7 days, the information kept on the licence register, and which laws count as workplace laws or standards. It affects labour hire businesses, their influential people or close associates, and visa‑holder workers by imposing disclosure, evidence of financial capacity and ongoing reporting, creating administrative and compliance costs for businesses and decision‑making discretion for the commissioner."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operationalising the Labour Hire Licensing Act 2020 by setting out application requirements, suitability criteria, licence conditions, and register details. It does not expand beyond the administrative machinery needed to implement the licensing scheme established by the parent Act."},"complexity_factors":["Short document: only 9 operative sections plus dictionary and endnotes","Minimal cross-referencing: primarily references back to the parent Act (Labour Hire Licensing Act 2020) for key definitions","Straightforward structure: sequential sections dealing with discrete topics (application info, suitability, conditions, register, prescribed laws)","Some defined terms but limited nesting: 3 local definitions in section 5(3), 4 in section 6(5), plus dictionary entries for 'influential person' and 'visa holder' which point to other legislation","Conditional logic present but not deeply nested: section 6 has exceptions (subsections 3 and 4) to the general disclosure requirements, but these are clearly signposted","No exceptions to exceptions or highly conditional operational provisions"],"plain_english_summary":"This regulation sets out how labour hire businesses apply for and keep licences in the ACT — what information and checks are required, limited paperwork pathways for registered group training organisations and other-state licence holders, a 7‑day duty to notify changes, and what appears on the public licence register. It applies to labour hire firms, group training organisations and host employers, and matters because it enforces the Labour Hire Licensing Act’s protections, transparency and suitability screening."}},"importantCases":[],"_links":{"self":"/api/acts/labour-hire-licensing-regulation-2021","history":"/api/acts/labour-hire-licensing-regulation-2021/history","analysis":"/api/acts/labour-hire-licensing-regulation-2021/analysis","conflicts":"/api/acts/labour-hire-licensing-regulation-2021/conflicts","importantCases":"/api/acts/labour-hire-licensing-regulation-2021/important-cases","documents":"/api/acts/labour-hire-licensing-regulation-2021/documents"}}