{"id":"qld:sl-2015-0093","name":"Private Employment Agents (Code of Conduct) Regulation 2015","slug":"private-employment-agents-code-of-conduct-regulation-2015","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"93 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175434,"registerId":"qld-qld:sl-2015-0093-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Title","content":"### sch.1-sec.1 Title\n\nThis code of conduct may be cited as the Private Employment Agents Code of Conduct .","sortOrder":1},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Object","content":"### sch.1-sec.2 Object\n\nThe object of this code is to establish a framework that—\npromotes ethical conduct by private employment agents in their dealings with work seekers and others as part of the business of a private employment agent; and\nencourages the provision by private employment agents of high quality placement and recruitment services for work seekers and persons looking for workers.\n- (a) promotes ethical conduct by private employment agents in their dealings with work seekers and others as part of the business of a private employment agent; and\n- (b) encourages the provision by private employment agents of high quality placement and recruitment services for work seekers and persons looking for workers.","sortOrder":2},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.3 Definitions\n\nIn this code—\nemployer register see section 22 .\nfee , for part 2 , division 3 , includes advantage and benefit.\nplacement register see section 23 .\nworker register see section 21 .\nwork seeker means a person seeking work.","sortOrder":3},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Compliance with code","content":"### sch.1-sec.4 Compliance with code\n\nThis code contains provisions with which a private employment agent must comply.\nContravention of a provision of this code is a ground for starting a proceeding for a charge of an offence if a maximum penalty is stated for a contravention of the provision or for obtaining an injunction under part 6 of the Act .\nThis code applies despite an instruction or request that does not comply with the code made by a work seeker or a person looking for workers or, if the private employment agent is an employee, the agent’s employer.\n(sch.1-sec.4-ssec.1) This code contains provisions with which a private employment agent must comply. Contravention of a provision of this code is a ground for starting a proceeding for a charge of an offence if a maximum penalty is stated for a contravention of the provision or for obtaining an injunction under part 6 of the Act .\n(sch.1-sec.4-ssec.2) This code applies despite an instruction or request that does not comply with the code made by a work seeker or a person looking for workers or, if the private employment agent is an employee, the agent’s employer.","sortOrder":4},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"General rules of conduct","content":"# General rules of conduct","sortOrder":5},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"General responsibilities","content":"## General responsibilities","sortOrder":6},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Knowledge of Act and code","content":"### sch.1-sec.5 Knowledge of Act and code\n\nA private employment agent must have a reasonable knowledge of the Act , this code, and any other Act relevant to the private employment agent’s business.\nAnti-Discrimination Act 1991\nFair Trading Act 1989\nFair Work Act 2009 (Cwlth)\nFurther Education and Training Act 2014\nIndustrial Relations Act 1999\nInformation Privacy Act 2009\nPrivacy Act 1988 (Cwlth)\nRight to Information Act 2009\nWorkers’ Compensation and Rehabilitation Act 2003\nWork Health and Safety Act 2011\n- • Anti-Discrimination Act 1991\n- • Fair Trading Act 1989\n- • Fair Work Act 2009 (Cwlth)\n- • Further Education and Training Act 2014\n- • Industrial Relations Act 1999\n- • Information Privacy Act 2009\n- • Privacy Act 1988 (Cwlth)\n- • Right to Information Act 2009\n- • Workers’ Compensation and Rehabilitation Act 2003\n- • Work Health and Safety Act 2011","sortOrder":7},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Honesty, fairness and professionalism","content":"### sch.1-sec.6 Honesty, fairness and professionalism\n\nA private employment agent must act honestly, fairly and professionally in the conduct of the agent’s business.\nWithout limiting subsection (1) , an agent must treat work seekers and persons looking for workers honestly and fairly.\n(sch.1-sec.6-ssec.1) A private employment agent must act honestly, fairly and professionally in the conduct of the agent’s business.\n(sch.1-sec.6-ssec.2) Without limiting subsection (1) , an agent must treat work seekers and persons looking for workers honestly and fairly.","sortOrder":8},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Skill, care and diligence","content":"### sch.1-sec.7 Skill, care and diligence\n\nA private employment agent must exercise reasonable skill, care and diligence in the conduct of the agent’s business.","sortOrder":9},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Ensuring employees comply with Act and code","content":"### sch.1-sec.8 Ensuring employees comply with Act and code\n\nA private employment agent must take reasonable steps to ensure the agent’s employees comply with the Act and this code.\nAlso, a private employment agent must promote—\ncompliance with all relevant legislation and industrial instruments applying to work seekers and persons looking for workers; and\nongoing training and skills development in the private employment agents industry.\n(sch.1-sec.8-ssec.1) A private employment agent must take reasonable steps to ensure the agent’s employees comply with the Act and this code.\n(sch.1-sec.8-ssec.2) Also, a private employment agent must promote— compliance with all relevant legislation and industrial instruments applying to work seekers and persons looking for workers; and ongoing training and skills development in the private employment agents industry.\n- (a) compliance with all relevant legislation and industrial instruments applying to work seekers and persons looking for workers; and\n- (b) ongoing training and skills development in the private employment agents industry.","sortOrder":10},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Dealings with work seekers","content":"## Dealings with work seekers","sortOrder":11},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Ethical representation of work seeker","content":"### sch.1-sec.9 Ethical representation of work seeker\n\nA private employment agent must represent a work seeker in an ethical and professional way.","sortOrder":12},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Preservation of work seeker’s potential","content":"### sch.1-sec.10 Preservation of work seeker’s potential\n\nA private employment agent—\nmust not do anything that may unfairly jeopardise a work seeker’s current work or future work opportunities; and\nmust ensure a work seeker’s right to maximise the work seeker’s potential for career development is preserved.\n- (a) must not do anything that may unfairly jeopardise a work seeker’s current work or future work opportunities; and\n- (b) must ensure a work seeker’s right to maximise the work seeker’s potential for career development is preserved.","sortOrder":13},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Advice about employment and placement options","content":"### sch.1-sec.11 Advice about employment and placement options\n\nA private employment agent must give a work seeker accurate advice about employment and placement options, including current labour market information.","sortOrder":14},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Referrals","content":"### sch.1-sec.12 Referrals\n\nA private employment agent must promptly give a person looking for workers information about a work seeker on the basis of the work seeker’s suitability for a vacant position and disregarding irrelevant considerations.\na prohibited ground of discrimination under the Anti-Discrimination Act 1991","sortOrder":15},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Keeping work seeker informed","content":"### sch.1-sec.13 Keeping work seeker informed\n\nA private employment agent must, if a work seeker asks, give the work seeker whichever of the following is relevant within 7 days of the request—\nif the work seeker is not referred as a candidate for a particular vacancy—genuine reasons the work seeker was not referred as a candidate for the vacancy;\nadvice on the work seeker’s application for a vacancy;\nif the work seeker is placed in a position—a copy of any documents about the position in the agent’s possession at the relevant time.\nMaximum penalty—14 penalty units.\n- (a) if the work seeker is not referred as a candidate for a particular vacancy—genuine reasons the work seeker was not referred as a candidate for the vacancy;\n- (b) advice on the work seeker’s application for a vacancy;\n- (c) if the work seeker is placed in a position—a copy of any documents about the position in the agent’s possession at the relevant time.","sortOrder":16},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Information about work seeker not to be disclosed","content":"### sch.1-sec.14 Information about work seeker not to be disclosed\n\nA private employment agent must not, without the work seeker’s written permission, disclose the work seeker’s identity or other details to a person looking for workers.\nMaximum penalty—14 penalty units.\nAlso, a private employment agent must not otherwise disclose a work seeker’s identity or other details other than as required by law.\nMaximum penalty—14 penalty units.\n(sch.1-sec.14-ssec.1) A private employment agent must not, without the work seeker’s written permission, disclose the work seeker’s identity or other details to a person looking for workers. Maximum penalty—14 penalty units.\n(sch.1-sec.14-ssec.2) Also, a private employment agent must not otherwise disclose a work seeker’s identity or other details other than as required by law. Maximum penalty—14 penalty units.","sortOrder":17},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Information about work seeker not to be improperly used","content":"### sch.1-sec.15 Information about work seeker not to be improperly used\n\nA private employment agent must not use information about, or provided by, a work seeker—\nfor a purpose other than finding work for the work seeker; or\nin a way that is contrary to the terms of any permission given by the work seeker about the use of the information.\nMaximum penalty—14 penalty units.\n- (a) for a purpose other than finding work for the work seeker; or\n- (b) in a way that is contrary to the terms of any permission given by the work seeker about the use of the information.","sortOrder":18},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Dealing with work seekers from overseas","content":"### sch.1-sec.16 Dealing with work seekers from overseas\n\nA private employment agent must not refer a work seeker to a person in Australia who is looking for workers if the work seeker is not legally entitled to work in Australia.\nMaximum penalty—14 penalty units.","sortOrder":19},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Dealings with overseas placements","content":"### sch.1-sec.17 Dealings with overseas placements\n\nA private employment agent must not refer a work seeker to a person in another country who is looking for workers if the work seeker—\nis not entitled to work in the country; or\ndoes not have a reasonable prospect of obtaining permission to work in the country.\nMaximum penalty—14 penalty units.\n- (a) is not entitled to work in the country; or\n- (b) does not have a reasonable prospect of obtaining permission to work in the country.","sortOrder":20},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":21},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"No fee as condition of finding work","content":"### sch.1-sec.18 No fee as condition of finding work\n\nOther than as provided by the Industrial Relations Act 1999 , section 408D , a private employment agent must not seek or accept a fee, deposit or bond—\nfrom, or on behalf of, a work seeker in Australia as a condition of finding or attempting to find work for the work seeker outside Australia; or\nfrom, or on behalf of, a work seeker residing, or intending to reside, temporarily in Australia as a condition of finding or attempting to find work for the work seeker in Australia.\nMaximum penalty—14 penalty units.\n- (a) from, or on behalf of, a work seeker in Australia as a condition of finding or attempting to find work for the work seeker outside Australia; or\n- (b) from, or on behalf of, a work seeker residing, or intending to reside, temporarily in Australia as a condition of finding or attempting to find work for the work seeker in Australia.","sortOrder":22},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"No fee for particular services","content":"### sch.1-sec.19 No fee for particular services\n\nOther than as provided by the Industrial Relations Act 1999 , section 408D , a private employment agent must not, as a condition of finding or attempting to find work for a work seeker—\ncharge the work seeker a fee for services or resources provided by the agent; or\nrequire the work seeker to use services or resources provided by or through a supplier nominated by the agent; or\naccept a financial benefit from a supplier nominated by the agent for the provision of services or resources by the nominated supplier because of a requirement mentioned in paragraph (b) .\nMaximum penalty—14 penalty units.\npreparation of a resume or portfolio\nassistance, advice or training in interview preparation\n- (a) charge the work seeker a fee for services or resources provided by the agent; or\n- (b) require the work seeker to use services or resources provided by or through a supplier nominated by the agent; or\n- (c) accept a financial benefit from a supplier nominated by the agent for the provision of services or resources by the nominated supplier because of a requirement mentioned in paragraph (b) .\n- • preparation of a resume or portfolio\n- • assistance, advice or training in interview preparation","sortOrder":23},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Recovering fee for providing services for employer","content":"### sch.1-sec.20 Recovering fee for providing services for employer\n\nA private employment agent is not entitled to recover from an employer who uses the services of the agent a fee for finding workers for the employer, unless, before providing the service, the agent—\nnotifies the employer of the agent’s fee for the service; and\ngives the employer a written notice confirming the amount of the agent’s fee for the service.\nMaximum penalty—14 penalty units.\nIn this section—\nemployer means a person who asks a private employment agent to find someone to do work for the person.\n(sch.1-sec.20-ssec.1) A private employment agent is not entitled to recover from an employer who uses the services of the agent a fee for finding workers for the employer, unless, before providing the service, the agent— notifies the employer of the agent’s fee for the service; and gives the employer a written notice confirming the amount of the agent’s fee for the service. Maximum penalty—14 penalty units.\n(sch.1-sec.20-ssec.2) In this section— employer means a person who asks a private employment agent to find someone to do work for the person.\n- (a) notifies the employer of the agent’s fee for the service; and\n- (b) gives the employer a written notice confirming the amount of the agent’s fee for the service.","sortOrder":24},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Registers and correspondence","content":"## Registers and correspondence","sortOrder":25},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Worker register to be kept","content":"### sch.1-sec.21 Worker register to be kept\n\nA private employment agent must keep a register that complies with subsection (2) (a worker register) of persons looking for work.\nMaximum penalty—14 penalty units.\nThe worker register must include the following particulars for each person who looks for work through the private employment agent—\nthe person’s name, address, age, gender and occupation;\nthe type of work the person is looking for;\nthe date the particulars mentioned in paragraphs (a) and (b) are entered in the register.\nThe private employment agent must not make or cause to be made in the worker register an entry that the person knows to be false.\nMaximum penalty—14 penalty units.\n(sch.1-sec.21-ssec.1) A private employment agent must keep a register that complies with subsection (2) (a worker register) of persons looking for work. Maximum penalty—14 penalty units.\n(sch.1-sec.21-ssec.2) The worker register must include the following particulars for each person who looks for work through the private employment agent— the person’s name, address, age, gender and occupation; the type of work the person is looking for; the date the particulars mentioned in paragraphs (a) and (b) are entered in the register.\n(sch.1-sec.21-ssec.3) The private employment agent must not make or cause to be made in the worker register an entry that the person knows to be false. Maximum penalty—14 penalty units.\n- (a) the person’s name, address, age, gender and occupation;\n- (b) the type of work the person is looking for;\n- (c) the date the particulars mentioned in paragraphs (a) and (b) are entered in the register.","sortOrder":26},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Employer register","content":"### sch.1-sec.22 Employer register\n\nA private employment agent must keep a register of employers (an employer register) that complies with subsection (2) .\nMaximum penalty—14 penalty units.\nThe employer register must include the following particulars for each employer—\nthe employer’s name and place of business;\nthe type of work the employer is offering and the number of persons wanted for the work;\nthe date the particulars mentioned in paragraphs (a) and (b) are entered in the register.\nThe private employment agent must not make or cause to be made in the employer register an entry that the person knows to be false.\nMaximum penalty—14 penalty units.\nIn this section—\nemployer means a person who asks a private employment agent to find someone to do work for the person.\n(sch.1-sec.22-ssec.1) A private employment agent must keep a register of employers (an employer register) that complies with subsection (2) . Maximum penalty—14 penalty units.\n(sch.1-sec.22-ssec.2) The employer register must include the following particulars for each employer— the employer’s name and place of business; the type of work the employer is offering and the number of persons wanted for the work; the date the particulars mentioned in paragraphs (a) and (b) are entered in the register.\n(sch.1-sec.22-ssec.3) The private employment agent must not make or cause to be made in the employer register an entry that the person knows to be false. Maximum penalty—14 penalty units.\n(sch.1-sec.22-ssec.4) In this section— employer means a person who asks a private employment agent to find someone to do work for the person.\n- (a) the employer’s name and place of business;\n- (b) the type of work the employer is offering and the number of persons wanted for the work;\n- (c) the date the particulars mentioned in paragraphs (a) and (b) are entered in the register.","sortOrder":27},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Placement register","content":"### sch.1-sec.23 Placement register\n\nA private employment agent must keep a register of placements (a placement register) that complies with subsection (2) .\nMaximum penalty—14 penalty units.\nThe placement register must include the following particulars for each person the private employment agent places into work with an employer—\nthe person’s name;\nthe employer’s name;\nthe type of work the person will do for the employer;\nthe date the particulars mentioned in paragraphs (a) to (c) are entered in the register.\nThe private employment agent must not make or cause to be made in the placement register an entry that the person knows to be false.\nMaximum penalty—14 penalty units.\nIn this section—\nemployer means a person who asks a private employment agent to find someone to do work for the person.\n(sch.1-sec.23-ssec.1) A private employment agent must keep a register of placements (a placement register) that complies with subsection (2) . Maximum penalty—14 penalty units.\n(sch.1-sec.23-ssec.2) The placement register must include the following particulars for each person the private employment agent places into work with an employer— the person’s name; the employer’s name; the type of work the person will do for the employer; the date the particulars mentioned in paragraphs (a) to (c) are entered in the register.\n(sch.1-sec.23-ssec.3) The private employment agent must not make or cause to be made in the placement register an entry that the person knows to be false. Maximum penalty—14 penalty units.\n(sch.1-sec.23-ssec.4) In this section— employer means a person who asks a private employment agent to find someone to do work for the person.\n- (a) the person’s name;\n- (b) the employer’s name;\n- (c) the type of work the person will do for the employer;\n- (d) the date the particulars mentioned in paragraphs (a) to (c) are entered in the register.","sortOrder":28},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"How long registers must be kept","content":"### sch.1-sec.24 How long registers must be kept\n\nA private employment agent must keep the agent’s worker register, employer register and placement register in the agent’s possession for at least 6 years after the end of the year to which the last entry in the register relates.\nMaximum penalty—14 penalty units.","sortOrder":29},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"How long correspondence must be kept","content":"### sch.1-sec.25 How long correspondence must be kept\n\nA private employment agent must keep all relevant correspondence received by the private employment agent for at least 6 years after the day the correspondence was received.\nMaximum penalty—14 penalty units.\nA private employment agent must keep all relevant correspondence sent by the private employment agent for at least 6 years after the day the correspondence came into existence.\nMaximum penalty—14 penalty units.\nIn this section—\nrelevant correspondence means correspondence that relates to the conduct of the private employment agent’s business as a private employment agent.\n(sch.1-sec.25-ssec.1) A private employment agent must keep all relevant correspondence received by the private employment agent for at least 6 years after the day the correspondence was received. Maximum penalty—14 penalty units.\n(sch.1-sec.25-ssec.2) A private employment agent must keep all relevant correspondence sent by the private employment agent for at least 6 years after the day the correspondence came into existence. Maximum penalty—14 penalty units.\n(sch.1-sec.25-ssec.3) In this section— relevant correspondence means correspondence that relates to the conduct of the private employment agent’s business as a private employment agent.","sortOrder":30},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":31},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"False information","content":"### sch.1-sec.26 False information\n\nA private employment agent must not—\npublish any false information in the course of carrying on the business of a private employment agent; or\nmake, or knowingly permit an employee of the agent to make, a false statement to a work seeker about—\nthe nature or availability of any work; or\nthe Act ; or\nthis code; or\nany Act relevant to employment or workplace health and safety; or\nany relevant industrial instrument.\nMaximum penalty—14 penalty units.\n- (a) publish any false information in the course of carrying on the business of a private employment agent; or\n- (b) make, or knowingly permit an employee of the agent to make, a false statement to a work seeker about— (i) the nature or availability of any work; or (ii) the Act ; or (iii) this code; or (iv) any Act relevant to employment or workplace health and safety; or (v) any relevant industrial instrument.\n- (i) the nature or availability of any work; or\n- (ii) the Act ; or\n- (iii) this code; or\n- (iv) any Act relevant to employment or workplace health and safety; or\n- (v) any relevant industrial instrument.\n- (i) the nature or availability of any work; or\n- (ii) the Act ; or\n- (iii) this code; or\n- (iv) any Act relevant to employment or workplace health and safety; or\n- (v) any relevant industrial instrument.","sortOrder":32},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Identification of agent in publications","content":"### sch.1-sec.27 Identification of agent in publications\n\nA private employment agent must ensure that each publication published by, or for, the agent includes the following particulars—\nthe name under which the agent carries on the business of a private employment agent;\nthe address at which the agent carries on business;\nthe telephone number of the business.\nMaximum penalty—14 penalty units.\n- (a) the name under which the agent carries on the business of a private employment agent;\n- (b) the address at which the agent carries on business;\n- (c) the telephone number of the business.","sortOrder":33},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Availability of code","content":"### sch.1-sec.28 Availability of code\n\nA private employment agent must—\nensure a copy of this code is always available at the private employment agent’s place of business for perusal on request; or\nif a copy is not available at the private employment agent’s place of business—immediately tell a person who asks to see the code where the person can obtain a copy.\nMaximum penalty—14 penalty units.\n- (a) ensure a copy of this code is always available at the private employment agent’s place of business for perusal on request; or\n- (b) if a copy is not available at the private employment agent’s place of business—immediately tell a person who asks to see the code where the person can obtain a copy.","sortOrder":34},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Information statements","content":"### sch.1-sec.29 Information statements\n\nBefore a private employment agent provides a service for a work seeker, the agent must give the work seeker a statement (an information statement ) in the approved form.\nMaximum penalty—14 penalty units.\nThe approved form must include the following information—\nthat a private employment agent must not charge fees in contravention of the Industrial Relations Act 1999 , section 408D ;\nthat the agent and the agent’s employees have a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work;\nthat the agent will make all placements as required under the relevant legislation;\nthe name and other contact details of the department from whom the person may obtain information about action that may be taken if the person believes a private employment agent has acted illegally, inappropriately or in a false and misleading way.\n(sch.1-sec.29-ssec.1) Before a private employment agent provides a service for a work seeker, the agent must give the work seeker a statement (an information statement ) in the approved form. Maximum penalty—14 penalty units.\n(sch.1-sec.29-ssec.2) The approved form must include the following information— that a private employment agent must not charge fees in contravention of the Industrial Relations Act 1999 , section 408D ; that the agent and the agent’s employees have a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work; that the agent will make all placements as required under the relevant legislation; the name and other contact details of the department from whom the person may obtain information about action that may be taken if the person believes a private employment agent has acted illegally, inappropriately or in a false and misleading way.\n- (a) that a private employment agent must not charge fees in contravention of the Industrial Relations Act 1999 , section 408D ;\n- (b) that the agent and the agent’s employees have a working knowledge of State and Commonwealth legislation affecting the placement and employment of persons seeking work;\n- (c) that the agent will make all placements as required under the relevant legislation;\n- (d) the name and other contact details of the department from whom the person may obtain information about action that may be taken if the person believes a private employment agent has acted illegally, inappropriately or in a false and misleading way.","sortOrder":35},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Particular rules of conduct for dealings with models and performers","content":"# Particular rules of conduct for dealings with models and performers","sortOrder":36},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Who this part applies to","content":"### sch.1-sec.30 Who this part applies to\n\nThis part applies to private employment agents—\nwhose business includes seeking work for models and performers; or\nwho are managers of models and performers.\nA private employment agent to whom this part applies must comply with this part and part 2 .\nIn this section—\nmanager means a manager within the meaning of the Industrial Relations Act 1999 , section 408C .\n(sch.1-sec.30-ssec.1) This part applies to private employment agents— whose business includes seeking work for models and performers; or who are managers of models and performers.\n(sch.1-sec.30-ssec.2) A private employment agent to whom this part applies must comply with this part and part 2 .\n(sch.1-sec.30-ssec.3) In this section— manager means a manager within the meaning of the Industrial Relations Act 1999 , section 408C .\n- (a) whose business includes seeking work for models and performers; or\n- (b) who are managers of models and performers.","sortOrder":37},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Provision of written notice about engagements","content":"### sch.1-sec.31 Provision of written notice about engagements\n\nWithin 5 days after a private employment agent receives from a person looking for workers any information mentioned in subsection (2) in relation to a model or performer’s placement in work, the agent must give the model or performer a written notice about the placement stating the information.\nMaximum penalty—14 penalty units.\nThe information is—\nthe work conditions; and\nthe nature of the work to be undertaken; and\nthe rates of payment for the work; and\nthe pay arrangements.\n(sch.1-sec.31-ssec.1) Within 5 days after a private employment agent receives from a person looking for workers any information mentioned in subsection (2) in relation to a model or performer’s placement in work, the agent must give the model or performer a written notice about the placement stating the information. Maximum penalty—14 penalty units.\n(sch.1-sec.31-ssec.2) The information is— the work conditions; and the nature of the work to be undertaken; and the rates of payment for the work; and the pay arrangements.\n- (a) the work conditions; and\n- (b) the nature of the work to be undertaken; and\n- (c) the rates of payment for the work; and\n- (d) the pay arrangements.","sortOrder":38},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Provision of financial statements","content":"### sch.1-sec.32 Provision of financial statements\n\nAs soon as practicable, but no later than 10 days after receiving an amount payable to a model or performer, a private employment agent must give the model or performer a statement—\ngiving particulars of the amount received; and\nshowing the amount paid to the model or performer for the engagement.\nMaximum penalty—14 penalty units.\nA private employment agent who receives an amount from someone else on behalf of a model or performer must—\nhold the amount exclusively for the model or performer; and\npay the amount to the model or performer within 7 days after receiving the amount.\nMaximum penalty—14 penalty units.\nThe private employment agent must pay the amount to the model or performer personally or deposit the amount into an account nominated by the model or performer at a nominated financial institution.\nMaximum penalty—14 penalty units.\n(sch.1-sec.32-ssec.1) As soon as practicable, but no later than 10 days after receiving an amount payable to a model or performer, a private employment agent must give the model or performer a statement— giving particulars of the amount received; and showing the amount paid to the model or performer for the engagement. Maximum penalty—14 penalty units.\n(sch.1-sec.32-ssec.2) A private employment agent who receives an amount from someone else on behalf of a model or performer must— hold the amount exclusively for the model or performer; and pay the amount to the model or performer within 7 days after receiving the amount. Maximum penalty—14 penalty units.\n(sch.1-sec.32-ssec.3) The private employment agent must pay the amount to the model or performer personally or deposit the amount into an account nominated by the model or performer at a nominated financial institution. Maximum penalty—14 penalty units.\n- (a) giving particulars of the amount received; and\n- (b) showing the amount paid to the model or performer for the engagement.\n- (a) hold the amount exclusively for the model or performer; and\n- (b) pay the amount to the model or performer within 7 days after receiving the amount.","sortOrder":39}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sch.1-sec.14","severity":"medium","reasoning":"While the written permission requirement is not inherently absurd in isolation, it is structurally bizarre because it implies that a work seeker who engages an agent to find them work must still separately provide written permission for each disclosure. In practice this may be addressed contractually, but the code does not say so, leaving a gap where the core commercial activity of the agent is technically prohibited absent explicit written permission for every referral.","confidence":0.65,"description":"The confidentiality provisions create an impossible situation: section 14(1) prohibits disclosure of a work seeker's identity to a person looking for workers without written permission, but the entire purpose of a private employment agent is to match work seekers with employers. The agent cannot fulfil their core function of placement without disclosing the work seeker's identity, yet must obtain written permission before doing so — making the business model contingent on a permission that must precede every single referral."},{"type":"other","section":"sch.1-sec.21-ssec.3","severity":"low","reasoning":"The same drafting error recurs identically in sections 22(3) and 23(3). The shift from 'agent' to 'person' in the false entry prohibition is internally inconsistent with the rest of each section and could create mens rea uncertainty in a prosecution.","confidence":0.82,"description":"The prohibition on making a false entry uses the phrase 'an entry that the person knows to be false', referring to 'the person' rather than 'the agent'. The defined actor throughout the section is 'the private employment agent', not 'the person'. This ambiguous pronoun reference creates uncertainty about whose knowledge is relevant — the agent's, an employee's, or the subject of the entry."},{"type":"other","section":"sch.1-sec.22-ssec.3","severity":"low","reasoning":"Repeated drafting error across all three register sections. The inconsistency between 'agent' and 'person' could undermine prosecutions if a defendant argues 'the person' is not defined to mean them.","confidence":0.82,"description":"Same ambiguous pronoun defect as section 21(3): prohibits 'an entry that the person knows to be false' where 'the person' is undefined in context. The section's defined actor is 'the private employment agent'."},{"type":"other","section":"sch.1-sec.23-ssec.3","severity":"low","reasoning":"Third instance of the same drafting error. The systematic nature of the error across all register provisions suggests a copy-paste failure in drafting.","confidence":0.82,"description":"Same ambiguous pronoun defect as sections 21(3) and 22(3): prohibits 'an entry that the person knows to be false' where 'the person' is undefined in context."},{"type":"self_contradicting","section":"sch.1-sec.29-ssec.2(b)","severity":"medium","reasoning":"Section 29(2)(b) compels agents to assert employee competence in a standardised form before any service is provided. If that assertion is inaccurate (e.g. a new employee lacks working knowledge), the agent must choose between breaching section 29 (by not including the statement) or section 26 (by including a false statement). The code creates a structural dilemma with no compliant exit.","confidence":0.75,"description":"The information statement that agents must give work seekers must include a representation that 'the agent and the agent's employees have a working knowledge of State and Commonwealth legislation'. This requires agents to make a factual assertion of current competence as a mandatory disclosure — but if this statement is false at the time of giving it, the agent simultaneously breaches section 26 (false information) and section 6 (honesty). The code thus mandates the making of a potentially false statement as a precondition to providing services."},{"type":"other","section":"sch.1-sec.28","severity":"low","reasoning":"The disjunctive 'or' between (a) and (b) means an agent can permanently elect to rely on (b), defeating the purpose of (a). A code designed to be accessible to work seekers at the point of service can be permanently withheld from the premises provided the agent can orally direct people elsewhere.","confidence":0.78,"description":"Section 28 creates a logical oddity by permitting an alternative compliance path: if a copy of the code is NOT available at the agent's place of business, the agent may simply tell the person where to find one. This effectively allows agents to never keep a copy on premises, making subsection (a) optional in practice. The 'or' structure between (a) and (b) means the mandatory availability requirement in (a) is rendered optional."},{"type":"self_contradicting","section":"sch.1-sec.32","severity":"medium","reasoning":"If payment must occur by day 7 and the statement showing the amount 'paid' can be issued up to day 10, the statement could theoretically be issued before payment occurs (e.g. on day 8 with payment not yet made despite being overdue). More fundamentally, the statement is required to show what has been 'paid', yet the code's own timelines do not guarantee payment precedes the statement.","confidence":0.7,"description":"Section 32 contains an internal timing contradiction: subsection (1) requires the agent to give a financial statement 'no later than 10 days after receiving an amount', while subsection (2)(b) requires the agent to pay the amount to the model or performer 'within 7 days after receiving the amount'. The statement under subsection (1) must show 'the amount paid to the model or performer', but payment is due by day 7 and the statement is not due until day 10 — meaning the statement could lawfully be provided after payment, but could also be provided (days 8-10) without payment yet having occurred, making the statement's content about amounts 'paid' prospectively false or premature."},{"type":"impossible_compliance","section":"sch.1-sec.10(b)","severity":"medium","reasoning":"Unlike section 7 which uses 'reasonable skill, care and diligence', section 10(b) uses the absolute term 'ensure'. An agent cannot guarantee a work seeker's career development potential is preserved because that outcome depends on third parties and the work seeker themselves. The provision is practically unenforceable but technically imposes an absolute duty.","confidence":0.72,"description":"Section 10(b) requires an agent to 'ensure a work seeker's right to maximise the work seeker's potential for career development is preserved'. This is an unqualified obligation to 'ensure' a subjective and inherently unverifiable outcome — maximising career potential — that depends entirely on factors outside the agent's control (the work seeker's choices, market conditions, employer decisions). The use of 'ensure' rather than 'take reasonable steps' creates an impossible compliance standard."}],"contradictions":[{"severity":"high","section_a":"sch.1-sec.14-ssec.1","section_b":"sch.1-sec.12","confidence":0.88,"description":"Section 14(1) prohibits disclosing a work seeker's identity or details to a person looking for workers without written permission. Section 12 requires an agent to 'promptly give a person looking for workers information about a work seeker on the basis of the work seeker's suitability'. These provisions directly conflict: section 12 mandates prompt disclosure of work seeker information to employers, while section 14(1) prohibits that same disclosure without prior written permission. An agent cannot simultaneously comply with both unless written permission is assumed to be obtained in advance, which the code never explicitly provides for."},{"severity":"medium","section_a":"sch.1-sec.15(a)","section_b":"sch.1-sec.12","confidence":0.62,"description":"Section 15(a) prohibits using information about a work seeker 'for a purpose other than finding work for the work seeker'. Section 12 requires the agent to give employers information about work seekers based on suitability. Providing suitability information to an employer is a use of work seeker information for the employer's benefit (finding suitable workers), not solely for the work seeker's benefit. The purpose framing in section 15(a) is ambiguous as to whether the mandatory employer-facing disclosure in section 12 constitutes an impermissible 'other purpose'."},{"severity":"low","section_a":"sch.1-sec.4-ssec.2","section_b":"sch.1-sec.10(a)","confidence":0.55,"description":"Section 4(2) provides that the code applies 'despite an instruction or request that does not comply with the code made by a work seeker'. Section 10(a) prohibits agents from doing 'anything that may unfairly jeopardise a work seeker's current work or future work opportunities'. If a work seeker instructs the agent to take an action that the agent believes may jeopardise their opportunities (e.g. withdraw an application), section 4(2) requires the agent to override that instruction, but this conflicts with the work seeker's autonomy and the agent's obligation under section 10 which is framed to protect the work seeker — not override them. The code thus allows agents to override work seeker autonomy in the name of protecting the work seeker."},{"severity":"medium","section_a":"sch.1-sec.29-ssec.2(b)","section_b":"sch.1-sec.5","confidence":0.73,"description":"Section 5 requires agents to have 'reasonable knowledge' of relevant Acts. Section 29(2)(b) requires the information statement to assert that agents and employees have a 'working knowledge' of State and Commonwealth legislation. 'Reasonable knowledge' and 'working knowledge' are different standards — working knowledge implies practical operational competence, while reasonable knowledge is a lower, more objective threshold. An agent compliant with section 5 may not satisfy the higher standard asserted in the mandatory section 29 statement."},{"severity":"low","section_a":"sch.1-sec.19(a)","section_b":"sch.1-sec.18","confidence":0.6,"description":"Section 18 prohibits fees from work seekers 'as a condition of finding or attempting to find work', while section 19 also prohibits fees 'as a condition of finding or attempting to find work'. Both reference the same Industrial Relations Act 1999 section 408D exception. The provisions substantially overlap, with section 19 adding specific categories (nominated suppliers, financial benefits). The duplication creates uncertainty about whether section 19 is exhaustive of the fee prohibition or whether section 18 and 19 have independent operation, and whether conduct caught by both carries double penalty exposure."}]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its stated object — promoting ethical conduct by private employment agents and encouraging high-quality recruitment services. The rules for models and performers represent a targeted extension of scope that was clearly anticipated and flagged within the code itself. No evidence of significant drift from original intent."},"complexity_factors":["Operates as a schedule to a parent regulation, requiring cross-referencing with the Private Employment Agents Act and other instruments","Requires knowledge of at least 10 separate State and Commonwealth Acts to fully understand compliance obligations","Cross-references to specific sections of the Industrial Relations Act 1999 (s.408C and s.408D) for key fee and manager definitions","Dual regime applies — general rules for all agents, plus additional layered obligations for those dealing with models and performers","Multiple strict timeframes (5 days, 7 days, 10 days) that differ depending on context and apply to different obligations","Penalty provisions are selective — some breaches attract fines, others are aspirational conduct standards without stated penalties, creating ambiguity about enforcement","Privacy obligations overlap with both State and Federal privacy legislation, creating a dual compliance burden","Interplay between the code's prohibition on fee-charging and the exceptions carved out under the Industrial Relations Act adds interpretive complexity"],"plain_english_summary":"This Code of Conduct imposes binding rules on private employment agents in Queensland (recruitment, staffing and talent agencies), protecting job seekers, employers and models/performers. It requires honest, lawful conduct, strict privacy and transparency, bans most job-seeker fees, mandates records and information statements, and gives extra payment and notice protections for models/performers. Breaches can attract penalties (up to 14 penalty units), court action or injunctions, and the Code overrides client instructions."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating private employment agents' conduct. The scope covers general recruitment practices plus specific protections for models and performers, which appears to have been part of the original design given the dedicated Part 3. No evidence of scope creep beyond the stated object of promoting ethical conduct and quality services."},"complexity_factors":["Straightforward structure with clear divisions (Preliminary, General rules, Particular rules for models/performers)","Only 5 defined terms in the interpretation section (employer register, fee, placement register, worker register, work seeker)","Minimal cross-referencing - primarily references to the Industrial Relations Act 1999 and Anti-Discrimination Act 1991","Simple conditional logic (if/then requirements) without nested exceptions","Consistent penalty structure (14 penalty units for most offences)","Clear obligations using 'must' and 'must not' language","No complex mathematical formulas or technical calculations","Limited to approximately 32 sections with single-level subsection numbering"],"plain_english_summary":"This legislation is a **Code of Conduct** that sets rules for private employment agents (recruitment agencies, labour hire firms, and talent agents) operating in Queensland.\n\n**What it does:**\n- Establishes minimum standards for how agents must treat **work seekers** (people looking for jobs) and **employers** (people looking to hire)\n- Prohibits unfair fees charged to job seekers\n- Requires agents to keep detailed registers of workers, employers, and placements for 6 years\n- Protects personal information of job seekers\n- Sets special rules for agents representing **models and performers**\n\n**Key protections for workers:**\n- Agents must act **honestly, fairly and professionally**\n- Cannot charge fees just for finding work (with limited exceptions)\n- Cannot force job seekers to use specific resume services or training providers\n- Must keep job seeker information confidential unless given written permission\n- Must provide genuine reasons if they don't refer someone for a job (within 7 days of request)\n- Cannot refer overseas workers who aren't legally entitled to work in Australia\n\n**Special rules for models and performers:**\n- Agents must provide written notice of work conditions, pay rates and arrangements within 5 days\n- Must hold money received on behalf of models/performers in trust and pay it within 7 days\n- Must provide financial statements showing what was received and what was paid out\n\n**Record keeping requirements:**\n- Worker register (name, address, age, gender, occupation, type of work sought)\n- Employer register (business details, type of work offered)\n- Placement register (who was placed where)\n- All correspondence kept for 6 years\n\n**Penalties:**\nMost breaches carry a maximum penalty of **14 penalty units** (a monetary fine set by legislation).\n\n**Why it matters:**\nThis code protects vulnerable job seekers from exploitation, ensures transparency in recruitment practices, and maintains professional standards in the employment services industry. It gives job seekers legal recourse if agents act dishonestly or misuse their personal information."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The code's scope aligns with its stated object (s.2): it regulates the conduct of private employment agents generally and includes a distinct part for agents dealing with models and performers. It does not, on its face, extend regulation beyond private employment agents or omit the categories identified in the object."},"complexity_factors":["Detailed recordkeeping and retention obligations for worker, employer and placement registers and correspondence with a 6‑year retention period (ss.21–25).","Numerous provisions carrying the same fixed maximum penalty (14 penalty units) rather than tiered fines, affecting enforcement strategy.","Cross‑references to multiple other statutes (the Act, Industrial Relations Act s.408D, Anti‑Discrimination Act, Privacy Act and others) creating dependency on external legal definitions and exceptions (ss.4,18,19,29).","Multiple operational duties: providing approved information statements before service, making the code available at the place of business, and including contact details in publications (ss.27–29).","Clear prohibitions and notification requirements on fees charged to work seekers and employers, and on accepting benefits from nominated suppliers (ss.18–20).","Privacy and use‑of‑information limits requiring written consent and restricting disclosure and use of work‑seeker information (ss.14–16).","Time‑sensitive disclosure and payment obligations for models and performers with tight deadlines (written notice within 5 days; financial statements within 10 days; payment within 7 days) (ss.31–32).","Obligation on agents to ensure employees comply and to promote ongoing training and legal knowledge, creating internal compliance burdens (s.8, s.5).","Enforcement mix permitting criminal charges where a maximum penalty is stated and civil injunctions under part 6 of the Act (s.4)."],"plain_english_summary":"This code creates binding conduct, disclosure, fee and recordkeeping rules for private employment agents — including requirements to keep worker, employer and placement registers, provide information statements, limit fees and use of personal data, and follow special timing and payment rules for models and performers. It applies to private employment agents and their employees, work seekers, employers and (for Part 3) models and performers; non‑compliance can trigger penalty units or injunctions."}},"importantCases":[],"_links":{"self":"/api/acts/private-employment-agents-code-of-conduct-regulation-2015","history":"/api/acts/private-employment-agents-code-of-conduct-regulation-2015/history","analysis":"/api/acts/private-employment-agents-code-of-conduct-regulation-2015/analysis","conflicts":"/api/acts/private-employment-agents-code-of-conduct-regulation-2015/conflicts","importantCases":"/api/acts/private-employment-agents-code-of-conduct-regulation-2015/important-cases","documents":"/api/acts/private-employment-agents-code-of-conduct-regulation-2015/documents"}}