Automatic Mutual Recognition (Victoria) (Exemption—Labour Hire Licensing) Declaration 2022
meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 meta-generator: Aspose.Words for .NET 22.10.0 title: Attachment D - AMR - Exemption Declaration - Labour Hire 2022.docx
Commonwealth Coat of Arms of Australia
Automatic Mutual Recognition (Victoria) (Exemption—Labour Hire Licensing) Declaration 2022
I, Tim Pallas, Minister for Industrial Relations (Victoria), make the following declaration under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.
Dated 17 / 06 / 2022
Tim Pallas, MP
Minister for Industrial Relations (Victoria)
Contents
1 Name
2 Commencement
3 Authority
4 Simplified outline of this instrument
5 Definitions
6 Exemption
7 Statement
1 Name
This instrument is the Automatic Mutual Recognition (Victoria) (Exemption—Labour Hire Licensing) Declaration 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
- Commencement information
- Column 1 Column 2 Column 3
- Provisions Commencement Date/Details
-
- The whole of this instrument 1 July 2022
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.
4 Simplified outline of this instrument
The purpose of this instrument is to exempt labour hire licensing from the operation of the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.
This instrument has effect only in relation to Victoria.
Unless revoked earlier, this instrument will sunset under section 50 of the Legislation Act 2003 of the Commonwealth after 5 years (see subsections 42S(5) and (6) of the Mutual Recognition Act 1992 of the Commonwealth). This means that, unless revoked earlier, this instrument will be repealed on the first 1 April or the first 1 October falling on or after the fifth anniversary of the registration of the instrument on the Federal Register of Legislation.
5 Definitions
In this instrument:
Act means the Mutual Recognition Act 1992 of the Commonwealth.
6 Exemption
For the purposes of paragraph 42S(1)(a) of the Act, licences authorising a person to provide labour hire services under the Labour Hire Licensing Act 2018 of Victoria are excluded from the operation of automatic deemed registration in Victoria.
7 Statement
(1) For the purposes of subsection 42S(2) of the Act, the statement of risk is the statement set out in subclause (2).
(2) This declaration is necessary due to the significant risks to the health or safety of workers that would arise if automatic deemed registration applied to labour hire licensing in Victoria. It would raise the risk of eroding Victoria’s rigorous standards and protections for labour hire workers, which are established under the Labour Hire Licensing Act 2018 of Victoria. That legislation sets out rigorous standards to be met to obtain a labour hire licence and establishes obligations on labour hire providers. It also establishes the Labour Hire Licensing Authority, an independent statutory authority which administers the licensing scheme and is equipped with strong compliance and enforcement powers. The Victorian Inquiry into Labour Hire and Insecure Work revealed widespread abuse and exploitation of labour hire workers. The exemption is necessary to protect these vulnerable workers by ensuring that labour hire providers that operate in Victoria meet the requisite Victorian standard to obtain a licence.