{"id":"labour-hire-licensing-regulations-2018","name":"Labour Hire Licensing Regulations 2018","slug":"labour-hire-licensing-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235670,"registerId":"sa-labour-hire-licensing-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Labour Hire Licensing Regulations 2018","content":"South Australia\nLabour Hire Licensing Regulations 2018\nunder the Labour Hire Licensing Act 2017\n\nContents\n1\tShort title\n3\tInterpretation\n5\tFit and proper person (section 10 of Act)\n5A\tPrescribed requirements for the provision of information to labour hire workers\n5B\tPeriodic fee and report\n6\tNotification of certain changes in circumstances (section 21 of Act)\n7\tPrescribed law (section 45 of Act)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Labour Hire Licensing Regulations 2018.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Labour Hire Licensing Act 2017.\n5—Fit and proper person (section 10 of Act)\nFor the purposes of section 10(2)(a), (3)(a) and (4)(a) of the Act, the following offences are prescribed but only where the person has been found guilty or convicted of the offence within the preceding 10 years:\n\t(a)\tan offence against a provision of Part 5 of the Criminal Law Consolidation Act 1935;\n\t(b)\tan offence against a provision of Part 6B of the Criminal Law Consolidation Act 1935;\n\t(c)\tan offence against a provision of Part 7 of the Criminal Law Consolidation Act 1935;\n\t(d)\tan offence against a provision of the Taxation Administration Act 1996;\n\t(e)\tan offence against the law of—\n\t(i)\tthe Commonwealth, another State or a Territory; or\n\t(ii)\ta place outside Australia,\nthat is substantially similar to an offence referred to in another paragraph of this subregulation.\n5A—Prescribed requirements for the provision of information to labour hire workers\n\t(1)\tFor the purposes of section 18(1)(a) of the Act, a person who provides labour hire services must provide the information determined by the Commissioner to each individual who is a labour hire worker for the person—\n\t(a)\tat the time that the individual becomes a labour hire worker for the person; and\n\t(b)\tin respect of each supply of the labour hire worker to a host to undertake work, before the worker commences the work.\n\t(2)\tInformation determined by the Commissioner for the purposes of subregulation (1) may vary according to the circumstances to which it is expressed to apply.\n5B—Periodic fee and report\n\t(1)\tFor the purposes of section 20(2) of the Act, the fee must be paid and the report lodged each year following the grant of the licence on or before the last day of the month that is the same month as the month in which the licence was granted.\n\t(2)\tFor the purposes of the definition of reporting period in section 20(6) of the Act, the reporting periods for a licence are—\n\t(a)\tthe period from the grant of the licence up to and including the last day of the month that precedes the month in which the first report is due under subregulation (1); and\n\t(b)\teach subsequent period of 12 months.\n6—Notification of certain changes in circumstances (section 21 of Act)\n\t(1)\tFor the purposes of section 21(2) of the Act, the following matters relating to a licence are prescribed:\n\t(a)\tthe name of—\n\t(i)\tthe holder of the licence; and\n\t(ii)\teach responsible person for the licence; and\n\t(iii)\teach business involved in the provision of labour hire services under the licence; and\n\t(iv)\tin the case of a licence held by a body corporate—each director of the body corporate;\n\t(b)\tthe contact details of—\n\t(i)\tthe holder of the licence; and\n\t(ii)\teach responsible person for the licence; and\n\t(iii)\teach business involved in the provision of labour hire services under the licence;\n\t(c)\tthe ABN of each business involved in the provision of labour hire services under the licence;\n\t(d)\tthe relevant criminal history of—\n\t(i)\tthe holder of the licence; and\n\t(ii)\teach responsible person for the licence; and\n\t(iii)\tin the case of a licence held by a body corporate—each director of the body corporate;\n\t(e)\tmembership of a prescribed organisation by—\n\t(i)\tthe holder of the licence; and\n\t(ii)\teach responsible person for the licence; and\n\t(iii)\tin the case of a licence held by a body corporate—each director of the body corporate;\n\t(f)\tclose association with a person who is a member of a prescribed organisation or subject to a control order under the Serious and Organised Crime (Control) Act 2008 by—\n\t(i)\tthe holder of the licence; and\n\t(ii)\teach responsible person for the licence; and\n\t(iii)\tin the case of a licence held by a body corporate—each director of the body corporate;\n\t(g)\tthe solvency (within the meaning of the Corporations Act 2001 of the Commonwealth) status of—\n\t(i)\tthe holder of the licence; and\n\t(ii)\tin the case of a licence held by a body corporate—each director of the body corporate.\n\t(2)\tIn this regulation—\nclose associate has the same meaning as in section 10 of the Act;\nprescribed organisation has the same meaning as in section 10 of the Act;\nrelevant criminal history means a finding of guilt or conviction for any offence of a kind prescribed in regulation 5.\n7—Prescribed law (section 45 of Act)\nFor the purposes of section 45 of the Act, each corresponding law is prescribed.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n28\nGazette 6.2.2018 p656 \n1.3.2018: r 2\n2018\n153\nGazette 21.6.2018 p2419\n1.7.2018: r 2\n2019\n93\nGazette 13.6.2019 p1914\n1.7.2019: r 2\n2020\n109\nGazette 4.6.2020 p2925\n1.7.2020: r 2\n2020\n236\nGazette 16.7.2020 p3829\n20.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 4\ndeleted by 109/2020 r 4 \n1.7.2020\nr 5\nvaried by 236/2020 r 4\n20.7.2020\nrr 5A and 5B\ninserted by 236/2020 r 5\n20.7.2020\nSch 1\nsubstituted by 153/2018 r 4\n1.7.2018\n\nsubstituted by 93/2019 r 4\n1.7.2019\n\ndeleted by 109/2020 r 5 \n1.7.2020\nHistorical versions\n1.7.2018\n\n1.7.2019\n\n1.7.2020 (electronic only)\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the licensing scheme established by the parent Act. The amendments shown in the legislative history (inserting Regulations 5A and 5B, deleting Schedule 1) represent refinements to the regulatory mechanism rather than scope creep. The instrument has not expanded beyond administering labour hire licensing into unrelated policy areas."},"complexity_factors":["Short instrument: only 7 substantive regulations plus interpretation","Minimal defined terms: only 3 explicit definitions in Regulation 6(2), plus the standard 'Act' definition","Straightforward conditional logic: simple time-based triggers (10-year lookback for offences, annual reporting cycles)","Limited cross-referencing: references to the parent Act and a few external statutes (Criminal Law Consolidation Act, Corporations Act, etc.) but no complex internal cross-referencing","Clear structure: regulations follow the logical order of licence lifecycle (fitness to hold → ongoing obligations → reporting changes)","No nested exceptions or provisos: each regulation operates independently without complex sub-clauses or 'except where' constructions"],"plain_english_summary":"**What this is:** These are the rules that sit underneath South Australia's Labour Hire Licensing Act 2017. While the Act sets up the broad scheme requiring labour hire companies to be licensed, these Regulations fill in the practical details.\n\n**Who it affects:**\n- **Labour hire companies** (businesses that supply workers to other businesses)\n- **Workers** supplied by these companies\n- **The Licensing Commissioner** who administers the scheme\n\n**What it actually does:**\n\n- **Sets the 'character test' for licence holders (Regulation 5):** Defines who is considered a \"fit and proper person\" to hold a licence. If you or your directors have been convicted of serious crimes (serious violence, sexual offences, fraud, or tax offences) in the past 10 years, you may be disqualified.\n\n- **Requires information for workers (Regulation 5A):** Labour hire companies must give workers specific information when they start, and again before each new job placement. The exact details are set by the Commissioner and can vary by situation.\n\n- **Sets annual fees and reporting (Regulation 5B):** Licence holders must pay a fee and submit a report every year, due in the same month the licence was originally granted. The first reporting period runs from licence grant until the month before the first report is due; after that, it's yearly.\n\n- **Lists what changes must be reported (Regulation 6):** Licence holders must notify the Commissioner of changes to names, contact details, ABNs, criminal history, links to organised crime groups, or solvency (financial viability) of the business or its directors.\n\n- **Recognises interstate laws (Regulation 7):** Allows the scheme to work with similar laws in other states and territories.\n\n**Why it matters:** These rules protect vulnerable workers from exploitation by ensuring labour hire operators are financially stable, free from serious criminal involvement, and transparent about employment terms. The reporting requirements help catch \"phoenixing\" (where companies collapse and reappear to avoid debts) and organised crime infiltration."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations' scope was expanded after first publication. Notably, regs 5A and 5B (worker information requirements and an annual fee/report timetable) were inserted by 236/2020 (commencing 20.7.2020), and reg 5 was varied at the same time. The legislative history also records deletion/variation of other provisions (eg r 4 and Sch 1). These changes add provider duties (information, fees/reports) and modified the fit-and-proper offence prescriptions, altering compliance obligations for licence-holders."},"complexity_factors":["Cross-references to the Labour Hire Licensing Act 2017 and other statutes (Criminal Law Consolidation Act 1935, Taxation Administration Act 1996, Corporations Act 2001) increasing interpretive work (regs 3, 5, 6).","Time-limited disqualification for offences (only offences with findings/convictions within the preceding 10 years are prescribed) requires historical record checking (reg 5).","Commissioner discretion to determine the specific information to be provided to labour hire workers, allowing variable requirements by circumstance and creating compliance uncertainty (reg 5A(2)).","Annual timing rule for fee payment and report lodgement tied to the licence grant month and defined reporting periods requires calendar tracking across licences (reg 5B(1)–(2)).","Detailed list of prescribed notification matters (names, contacts, ABNs, criminal history, memberships, associations, solvency) creates multiple disclosure obligations for licence-holders and responsible persons, incl. directors (reg 6).","Prescription that corresponding laws are declared as such links operation to other jurisdictions and may require cross-jurisdictional legal comparison (reg 7).","Regulatory history shows amendments (insertion of regs 5A, 5B and variation of reg 5) which may change compliance expectations over time (Legislative history)."],"plain_english_summary":"These regulations set detailed rules for South Australian labour hire licensing. They specify which past offences count against licence applicants, require labour hire providers to give workers information determined by the Commissioner, set annual fee and reporting dates, and list the licence-related changes that must be notified to the regulator.\n\nThey affect labour hire businesses (who pay annual fees, lodge reports and provide worker information) and responsible persons or directors whose criminal history, associations, memberships and solvency must be disclosed (regs 5, 5A, 5B, 6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — the full text of the regulations was not available for analysis. No determination can be made about whether the regulations expanded or narrowed the intent of the parent Act."},"complexity_factors":["Cannot be accurately assessed — the legislation text was not retrievable due to a website error","Labour hire licensing regulations are generally of moderate complexity, dealing with administrative and procedural matters","Score is a placeholder estimate only and should not be relied upon"],"plain_english_summary":"The Labour Hire Licensing Regulations 2018 (SA) set out the practical rules for South Australia’s labour hire licensing scheme under the Labour Hire Licensing Act 2017. They detail how licences are applied for and assessed, record-keeping and reporting, suitability checks, fees and penalties.\n\nThis affects labour hire providers, the businesses that engage them, and workers (especially in vulnerable sectors) by regulating who may lawfully supply and use labour hire services and protecting worker rights."}},"importantCases":[],"_links":{"self":"/api/acts/labour-hire-licensing-regulations-2018","history":"/api/acts/labour-hire-licensing-regulations-2018/history","analysis":"/api/acts/labour-hire-licensing-regulations-2018/analysis","conflicts":"/api/acts/labour-hire-licensing-regulations-2018/conflicts","importantCases":"/api/acts/labour-hire-licensing-regulations-2018/important-cases","documents":"/api/acts/labour-hire-licensing-regulations-2018/documents"}}