Employment Agents Registration Regulations 2025

The Regulations concentrate on a small set of concepts that convert statutory cross‑references in the Act into actionable rules and documentation requirements.

Exclusions and scope

• Employment agent exclusion for group training schemes: reg 4 removes organisations or associations from the Act’s definition of employment agent when they administer certain jointly funded group training schemes, specifically procurement of apprentices or trainees for employers or procurement of employment for those apprentices or trainees. This is an exclusion limited to that activity and to schemes jointly funded by Commonwealth and State Governments (reg 4).
• Employment contract high income exclusion: reg 5 excludes from the Act’s definition of employment contract any non‑employee contract where the worker’s yearly remuneration in a financial year is not less than the Fair Work Act 2009 high income threshold applying for that year. The regulation therefore imports a moving numerical benchmark from Commonwealth law into the scope of the State Act (reg 5).

Character references and associates

• Disqualification of certain referees: under reg 6(1) persons who within the preceding five years have convictions in connection with business promotion/management or offences involving fraud or dishonesty are disqualified from providing character references for licence applicants (reg 6(1)(a)(i)-(ii)).
• Associates: the Regulations provide an expansive, objective list of relationships that make someone an associate for the purposes of disqualification: partners, parties involved in the same business, co‑directors of the same company, trustees/beneficiaries relationships, and close family relationships (spouse, domestic partner, parent, grandparent, child, grandchild) (reg 6(2)). The Regulations also define domestic partner by reference to the Family Relationships Act 1975 (reg 3).

Prescribed forms and signatures

• Forms: the Regulations prescribe three forms in Schedule 1: Form 1 for character references, Form 2 for an employment agent’s notice of scale of fees, and Form 3 as the prescribed statement under s 20(4) of the Act (reg 6(4), reg 8, reg 9 and Schedule 1).
• Signature rules: Form 2 requires, where the agent is a body corporate, the signature of the natural person acting as the manager of the business (Schedule 1 Form 2).

Timing and publicity

• Advertising: an application for a licence must be advertised at least once in a newspaper circulating generally throughout the State (reg 6(5)).
• Periods: reg 6(6) prescribes a period of one month for the purpose of s 7(8) of the Act; reg 7 prescribes 14 days for the purpose of s 9(2) of the Act.

Exemptions from selected Act provisions

• Premises exemption: reg 10 exempts premises located at an employer’s place of business, used to facilitate employment for work at that place and used by an employment agent only on a temporary basis or staffed part‑time or casually, from the operation of ss 16, 17 and 19 of the Act.

Repeal

• The Regulations repeal the Employment Agents Registration Regulations 2010 (Schedule 2).

These concepts convert statutory directions in the Act into concrete administrative steps (advertising, form completion, signatures), criteria for who may give references, and scope exclusions that may change who is regulated and how.

The Regulations allocate obligations and procedural requirements across a fairly narrow set of actors. The principal affected parties are:

Employment agents and applicants for licences

• Any person or business whose activity falls within the Act’s definition of employment agent will need to follow the procedural and disclosure instructions set by the Regulations, including use of prescribed forms, giving notices of scales of fees in the prescribed form (Schedule 1 Form 2), and meeting advertising and character reference requirements for licence applications (reg 6, reg 8, Schedule 1). Where an agent is a body corporate, the Regulations require that the natural person who is to act as manager is the signatory for the fee notice and that two character references be supplied for that natural person (reg 6(3); Schedule 1 Form 2).

Organisations that administer group training schemes

• Organisations or associations that administer a group training scheme jointly funded by Commonwealth and State Governments, and that procure apprentices/trainees for employers or procure employment for apprentices/trainees, are excluded from the Act’s definition of employment agent in respect of those activities (reg 4). That exclusion removes licensing and the Act’s regulatory apparatus for those activities to the extent they fall within the stated parameters.

Employers and employer businesses

• Employers who host premises at which an employment agent is temporarily present, or who use agents on a part‑time or casual basis at the employer’s place of business, are affected by the exemptions in reg 10: such premises are exempt from ss 16, 17 and 19 of the Act when the reg 10 conditions are met. Employers may also be party to the statements required by Schedule 1 Form 3 (the prescribed statement under s 20(4) of the Act) where an employment agent facilitates placement into an employer’s workplace (reg 9 and Schedule 1 Form 3).

Workers and prospective workers

• Workers who are to be engaged under employment contracts must be provided certain information in the prescribed form where s 20(4) applies; Schedule 1 Form 3 sets out the particulars to be provided (reg 9, Schedule 1 Form 3). The Form explicitly recommends the worker verify the information contained in the statement with the employer (note to worker in Schedule 1 Form 3).

Referees and associates

• Persons who would otherwise give character references are constrained: anyone convicted within the previous five years of certain business‑related or dishonesty offences may not give a reference for a licence applicant (reg 6(1)(a)). The associate definition in reg 6(2) identifies particular relationships (partners, co‑business participants, co‑directors, trust relationships, certain family relationships) that disqualify a person from giving a character reference (reg 6(2)). The family relationship concepts rely on the Regulations’ definitions, including domestic partner drawn from the Family Relationships Act 1975 (reg 3).

Newspapers and media outlets

• Applicants must advertise licence applications at least once in a newspaper circulating generally throughout the State (reg 6(5)). That imposes a cost and an evidentiary requirement (proof of publication) on applicants.

Authorities and managers

• The Regulations put procedural responsibilities on whoever is the “natural person acting as manager” of a business carried on by a body corporate for signature and reference purposes (Schedule 1 Form 2; reg 6(3)).

Regulatory and administrative payers

• Practical costs implied by the Regulations fall to applicants (advertising), employment agents (preparing and publishing fee notices, completing prescribed statements), and potentially employers (providing information for Form 3 and hosting temporary agent premises). The Regulations themselves do not set fees, but they prescribe that notice of the agent’s scale of fees be given in the prescribed form (reg 8 and Schedule 1 Form 2).

In sum, the Regulations chiefly affect the administrative practices of employment agents and licence applicants, set out who may and may not act as a referee, import external thresholds into scope determinations, and impose disclosure and advertisement requirements that generate modest administrative and publication costs.

The Regulations create a set of prescriptive duties tied to the Act’s licensing, disclosure and scope provisions. They also define limited rights by way of exclusions and exemptions.

Prescribed duties

• Character references: An applicant for a licence must obtain character references that comply with the disqualification rules in reg 6(1) and the associate definition in reg 6(2). If the applicant is a body corporate, the applicant must furnish two character references for the natural person who will act as manager (reg 6(3)). The form of a character reference is prescribed in Schedule 1 Form 1 and must be used (reg 6(4); Schedule 1 Form 1).
• Advertising: An application for a licence must be advertised at least once in a newspaper circulating generally throughout the State (reg 6(5)). This is a prescribed advertising duty.
• Timing: The Regulations prescribe one month for the purposes of s 7(8) of the Act (reg 6(6)), and 14 days for the purposes of s 9(2) of the Act (reg 7). These are procedural timing obligations that must be observed in the contexts set out by those sections of the Act.
• Notices and statements: Employment agents must provide notice of their scale of fees in the form set out in Schedule 1 Form 2 (reg 8). Agents must provide statements in the prescribed form for the purposes of s 20(4) of the Act (reg 9 and Schedule 1 Form 3).
• Signature accountability: If the employment agent is a body corporate, the signature on the notice of scale of fees must be that of the natural person acting as manager of the business (Schedule 1 Form 2). This creates an evidentiary and accountability duty on a specified individual.

Rights and exclusions

• Exclusion from definition of employment agent: Organisations administering certain jointly funded group training schemes are excluded from the Act’s definition of employment agent for the procurement of apprentices/trainees and procurement of employment for them (reg 4). This exclusion is a right of non‑application: such organisations will not be caught by the Act for those activities.
• Exclusion of high income arrangements: Contracts (other than contracts of service) where yearly remuneration meets or exceeds the Fair Work Act high income threshold are excluded from the Act’s definition of employment contract (reg 5). This shifts regulatory responsibility away from the State Act for higher‑remunerated non‑employee engagements.
• Premises exemption: Premises at an employer’s place of business used by an employment agent on a temporary basis, or staffed part‑time or casually, are exempted from sections 16, 17 and 19 of the Act (reg 10). This is a narrow right to exemption from specified statutory provisions where the conditions are met.

Compliance and evidentiary implications

• Use of prescribed forms creates a compliance duty: the Act’s references to prescribed forms are realised by Schedule 1, which sets the content and layout for character references, fee notices and the s 20(4) statement (reg 6(4), reg 8, reg 9; Schedule 1 Forms 1-3). The Regulations therefore make certain pieces of information and signatures mandatory for licencing and disclosure processes.
• Disqualification and associate rules constrain who can provide evidence in the form of character references, by excluding persons with recent specified convictions and close associates from performing that role (reg 6(1)-(2)).

What the Regulations do not do

• They do not set monetary penalties within the text of the Regulations. Enforcement, penalties and other statutory consequences remain matters provided for by the Act itself; the Regulations supply the procedural forms, timeframes and exclusions referenced by the Act.

In short, the Regulations translate statutory duties into concrete documentary and timing obligations, specify narrowly defined exemptions from the Act, and place evidentiary and signature responsibilities on specified natural persons within corporate structures.

The Regulations themselves do not introduce new offence provisions or specify fines or penalties. They function primarily as prescriptive procedural rules, forms and exclusions that operate under the umbrella of the Employment Agents Registration Act 1993. Consequently, enforcement and sanctions for failure to comply with the Act remain governed by the Act; the Regulations supply the prescribed forms, timings and scope qualifications that the Act requires or permits.

Key enforcement‑relevant features in the Regulations

• Prescribed forms and signatures: The Regulations make certain documentary forms mandatory (Schedule 1 Forms 1-3) and require particular signatures where the agent is a body corporate (Schedule 1 Form 2). Non‑use of the prescribed form or failure to obtain the required signature may be relevant in enforcement or licensing decisions taken under the Act, because the Act conditions procedural compliance on use of prescribed forms (see reg 6(4), reg 8, reg 9).
• Advertising and timing obligations: The Regulations prescribe advertising (at least once in a newspaper circulating generally throughout the State, reg 6(5)) and specify periods relevant to sections of the Act (one month under reg 6(6); 14 days under reg 7). Non‑compliance with these procedural obligations is likely to be treated as non‑compliance with the Act where those Act provisions make them mandatory.
• Disqualification and associate rules for references: The Regulations identify who is disqualified from providing character references (reg 6(1)) and who counts as an associate (reg 6(2)). If an applicant supplies references that contravene those rules, the licensing authority’s assessment of whether the applicant meets the Act’s fit and proper person test under s 7 may be affected because the Act expressly relies on character references (reg 6(1)-(4) implements s 7 requirements).

Exemption consequences

• Reg 10 exempts specified premises from the operation of ss 16, 17 and 19 of the Act. Where the exemption applies, the enforcement mechanisms tied to those sections will not apply to the exempted premises. That means obligations and offences created by ss 16, 17 and 19 will not be enforceable in respect of premises that satisfy reg 10 conditions; however the Act itself defines the content and sanctions of those sections, which the Regulations do not alter beyond the exemption.

Practical enforcement considerations

• Because the Regulations set procedural standards (forms, timeframes, advertising), proofs of compliance will likely rest on records: publications showing the advertisement ran, completed copies of prescribed forms, signatures from the relevant natural person where a body corporate is involved, and documentary evidence that premises are temporary or staffed part‑time/casually (reg 6(5); reg 10; Schedule 1).
• The Regulations do not state who is the enforcing officer or the process for submission of forms. Those matters are governed by the Act and the administrative practices of the licensing authority under the Act; the Regulations merely specify what must be produced or observed.

In short, the Regulations shape the evidence and procedure that enforcement under the Act will evaluate, but they do not themselves add penalty instruments. Compliance failures will be enforced under the Act, informed by adherence to the forms, timings and exclusions the Regulations prescribe.

The Regulations deliberately import concepts and terminology from other Commonwealth and State statutes, and they situate certain State regulatory decisions alongside federal frameworks. The instrument therefore creates cross‑statutory dependencies and points of coordination.

Link to the Employment Agents Registration Act 1993

• The Regulations are subordinate to and implement provisions in the Act. Almost every operational element in the Regulations is tied to a specific section of the Act (for example, character references under s 7 are implemented by reg 6 and Schedule 1 Form 1; the notice of scale of fees in reg 8 implements s 19(1); the prescribed statement implements s 20(4) via reg 9 and Schedule 1 Form 3). The Regulations must therefore be read and applied in the context of the enabling Act.

Imported Commonwealth benchmark

• High income threshold from the Fair Work Act 2009: reg 5 excludes certain contracts from the Act’s definition of employment contract where the yearly remuneration is not less than the high income threshold within the meaning of the Fair Work Act 2009 for that financial year. This creates an explicit cross‑jurisdictional linkage: the threshold is determined under Commonwealth law and will change over time as the Commonwealth law’s threshold changes. Determinations about whether a particular contract is excluded under reg 5 therefore require reference to the Fair Work Act’s current threshold.

Family Relationships Act 1975

• Domestic partner definition: reg 3 defines domestic partner by reference to the Family Relationships Act 1975. The Associate definition in reg 6(2)(e) includes domestic partner, so familial status determined under the Family Relationships Act will affect who can give character references.

Return to Work Act 2014 and insurance frameworks

• Schedule 1 Form 3 asks whether the Return to Work Act 2014 will apply to the worker, and it prompts disclosure about workers compensation, public liability, car insurance and other insurance arrangements. While the Regulations do not themselves enforce those other statutes, they use the Form to elicit information relevant to compliance with other statutory regimes (Schedule 1 Form 3). Practically, parties using Form 3 will need to understand obligations and coverage under the Return to Work Act 2014 and other insurance regimes when completing the prescribed statement.

Federal/state industrial instruments and superannuation

• Schedule 1 Form 3 asks whether federal or state awards, enterprise agreements, or superannuation arrangements apply and whether superannuation is a Commonwealth or State scheme. The Form thus anticipates interaction between employment placements and industrial instruments or superannuation laws governed elsewhere. The Regulations do not adjudicate those laws, but they require disclosure that is material for compliance across instruments.

Repeal of prior Regulations

• Schedule 2 repeals the Employment Agents Registration Regulations 2010. Any transitional effects (if provided in the Act or the repealed instrument) are not set out here; the repeal effect is direct in the Schedule.

Practical implications of cross‑references

• Tracking obligations will require reference to external metrics and statutes: for example, to decide whether a contract is excluded under reg 5 requires knowing the operative Fair Work Act high income threshold for the relevant financial year. Completing Form 3 accurately requires knowledge of the Return to Work Act 2014’s applicability and insurance arrangements. Decisions about whether a person is a domestic partner for the purposes of being an associate require reference to the Family Relationships Act 1975.

Overall, the Regulations integrate with Commonwealth and other State laws by importing benchmarks, definitions and subject matters, making inter‑statutory knowledge part of practical compliance for employment agents, applicants, employers and workers.

The Regulations themselves are compact and recent. The legislative history contained in the instrument provides the following concrete facts:

• Short title and commencement: The Regulations are cited as the Employment Agents Registration Regulations 2025 (reg 1). They come into operation on the day on which they are made (reg 2).
• Gazette and commencement details: The principal regulations are listed in the Legislative history table as Year 2025, No 71, Gazette 31.7.2025 p2882, with commencement linked to reg 2 (Gazette 31.7.2025; reg 2). That is the official clinching entry for commencement in the instrument.
• Repeal of prior subordinate legislation: Schedule 2 expressly repeals the Employment Agents Registration Regulations 2010. The repeal is absolute in the Schedule; the Regulations therefore replace the earlier subordinate instrument for the matters they cover (Schedule 2).
• No other amendments or saving provisions are set out in the text of the Regulations. The instrument does not include transitional provisions, savings clauses, or specific commencement staging beyond the single commencement provision in reg 2 (reg 2). Any transitional arrangements that might be necessary will therefore need to be found either in the Act or in administrative practice, as they are not contained in these Regulations.

Because the instrument is short and focused on forms, exclusions and timing, the amendment history in the instrument records the replacement of the 2010 Regulations and the date of commencement. The Regulations do not record any prior variations, staged roll‑outs or grandfathering clauses within the text provided.

The Regulations do not contain or reference any case law and the text supplied includes no litigation history. The Schedule titled “Legislative history” records only the statutory publishing detail (Gazette 31.7.2025 p2882) and commencement. No judicial decisions, appeals, or administrative review outcomes are cited in the instrument.

Consequently:

• There are no cases named or referenced in the Regulations themselves.
• The text does not record any litigation challenging the Regulations or the particular exclusions, forms or timing rules they prescribe.
• Any litigation that might arise in future (for instance, disputes over the scope of the reg 4 group training scheme exclusion, the interpretation of “temporary basis” in reg 10, or the application of the Fair Work Act high income threshold for reg 5) would need to be identified from external case law and is not documented in the Regulations provided.

Searches for litigation or administrative reviews relevant to these Regulations are not possible from the text alone; the instrument contains no footnotes, references to judicial decisions, or transitional judicial guidance. Practitioners should note that any interpretation issues will be determined under the Act and potentially by courts or tribunals, but the Regulations themselves include no recorded litigation outcomes.

The Regulations are short but contain multiple small drafting choices that create practical traps or points of recurrent compliance uncertainty. Highlighted items below are grounded in the text.

Imported and moving benchmarks (reg 5)

• Reg 5 excludes non‑employee contracts where yearly remuneration is not less than the Fair Work Act high income threshold for the applicable financial year. The threshold is set under Commonwealth law and varies by year. Practitioners must track and apply the current threshold when deciding scope. Mis‑application of the threshold will affect whether a contract falls within the State Act’s regulatory perimeter.

Associate and referee disqualification breadth (reg 6(1)-(2))

• The associate definition is broad and includes a mix of business and close family relations (partners, co‑business participants, co‑directors, trustees/beneficiaries, spouse, domestic partner, parent, grandparent, child, grandchild). The domestic partner concept is derived from the Family Relationships Act 1975 (reg 3), so state family law definitions will determine who is disqualified.
• A person convicted within the previous five years of business‑related offences or fraud/dishonesty is disqualified from giving a character reference. The disqualification is time‑bounded and offence‑specific; determining whether a person is disqualified therefore requires reviewing criminal records against the categories in reg 6(1)(a).

Advertisement proof and cost (reg 6(5))

• Applicants must advertise at least once in a newspaper circulating generally throughout the State. Compliance requires both placement and proof of publication. The cost of such an advertisement and the need to retain evidence of publication fall on the applicant. The Regulations do not specify other publication alternatives or electronic means; the requirement is an explicit print circulation standard.

Ambiguity in “temporary basis” and staffing terms (reg 10)

• Reg 10 exempts premises located at an employer’s place of business and used by an employment agent on a “temporary basis only” or staffed part‑time or casually, from ss 16, 17 and 19 of the Act. The Regulations do not quantify “temporary” or set thresholds for “part‑time” or “casual”, leaving these terms open to factual interpretation. That creates a risk of dispute about whether a given premises qualifies for the exemption, and suggests the need to retain contemporaneous documentary evidence showing temporariness or part‑time/casual arrangements.

Signature and managerial accountability (Schedule 1 Form 2)

• For a body corporate employment agent, the notice of scale of fees requires the signature of the natural person acting as the manager of the business. That places a definitional nexus between corporate entity and an identifiable natural person whose signature is legally significant; failure to obtain that signature in the prescribed form may render the notice non‑compliant.

Form 3 contents and verification burden (Schedule 1 Form 3)

• Schedule 1 Form 3 requires a broad range of information about the employer’s arrangements, including whether Return to Work Act 2014 will apply, insurance arrangements, tax withholding, award coverage, superannuation arrangements, paid leave entitlements and reimbursement of expenses. The Form does not mandate who completes which parts, but the note to worker recommends the worker verify the information with the employer. That creates dual onus: the agent must prepare or obtain the information to complete the Form, and the worker is directed to verify it with the employer, imposing practical verification steps and potential disputes if the information is inaccurate.

No penalty provisions in Regulations

• The Regulations do not themselves set out penalties. Non‑compliance consequences therefore depend on the Act. This can be a gotcha for practitioners who expect the subordinate instrument to enumerate sanctions or remedial steps; instead, enforcement follows the Act with the Regulations shaping evidence and procedure.

Repeal of earlier regulations with no transitional text (Schedule 2)

• The repeal of the 2010 Regulations is explicit, but the instrument includes no transitional or saving provisions. If interested parties relied on prior forms or procedures, there is no transitional framework in these Regulations; practitioners must therefore assume immediate application of the new forms and requirements from commencement.

Evidentiary and record‑keeping implications

• Because the Regulations prescribe particular forms and signatures, failure to retain copies of signed, completed Forms 1-3, proof of advertisement publication, and records showing how reg 10’s exemption criteria are met, will create compliance exposure during licensing reviews or enforcement actions.

These are narrow, practical risks grounded in the text. Each may be managed by explicit record‑keeping, up‑to‑date reference to the Fair Work Act threshold, careful selection of non‑disqualified referees, and evidencing temporariness for premises exemptions.

Compliance with the Regulations is primarily documentary and procedural. Below are concrete, source‑grounded steps and practices to meet the Regulations’ requirements, with the relevant provisions cited.

1. Establish whether your activity is within the Regulations’ scope

• Check whether your activity is covered by the Act and therefore subject to the Regulations. If you administer a jointly Commonwealth‑State funded group training scheme and your activity is limited to procurement of apprentices/trainees for employers or procurement of employment for those apprentices/trainees, the organisation is excluded from the Act’s definition of employment agent in respect of those activities (reg 4). Keep documentary evidence of the scheme’s funding arrangement and the specific activity to demonstrate the exclusion if queried.

2. For licence applicants: obtain compliant character references

• Ensure character references are provided in the prescribed form (Schedule 1 Form 1) (reg 6(4); Schedule 1 Form 1).
• Verify that each proposed referee is not disqualified under reg 6(1): they must not have, within the previous five years, a conviction in connection with promotion, operation or management of a business or an offence involving fraud or dishonesty (reg 6(1)(a)(i)-(ii)).
• Confirm that referees are not associates of the applicant under reg 6(2) (partners; involved in same business; co‑directors; trustee/beneficiary relationships; or specified close family relationships) (reg 6(2)). For domestic partners, use the Family Relationships Act 1975 definition as set out in reg 3.
• If the applicant is a body corporate, prepare and furnish two character references for the natural person who will act as the manager of the relevant business (reg 6(3)).

3. Advertising requirements for licence applications

• Publish the application at least once in a newspaper circulating generally throughout the State (reg 6(5)). Retain proof of publication (publisher’s affidavit, torn copy, invoice) to evidence compliance with the advertising duty.

4. Observe prescribed timeframes

• For matters falling under s 7(8) of the Act, observe the period prescribed by the Regulations: one month (reg 6(6)).
• For renewal matters tied to s 9(2) of the Act, apply the prescribed number of days: 14 days (reg 7). Ensure internal calendars and deadlines reflect these statutory periods.

5. Use and retain the prescribed forms

• Notice of scale of fees: use Schedule 1 Form 2 as the form of a notice under s 19(1) (reg 8; Schedule 1 Form 2). If the agent is a body corporate, ensure the form is signed by the natural person acting as the manager of the business (Schedule 1 Form 2).
• Statement under s 20(4): use Schedule 1 Form 3 as the prescribed form for statements to workers (reg 9; Schedule 1 Form 3). Complete the Form accurately, including whether Return to Work Act 2014 applies, insurance arrangements, tax withholding arrangements, award/enterprise agreement coverage, superannuation, leave entitlements and expense reimbursements. Retain a copy of the completed Form and evidence that it was provided to the worker.
• Character references: ensure each is in Schedule 1 Form 1 format and signed (Schedule 1 Form 1).

6. Demonstrate premises exemption compliance where relevant

• If relying on reg 10 to claim exemption of premises from ss 16, 17 and 19, document that:
  • The premises are located at the employer’s place of business and facilitate employment of people to work at that place (reg 10(a)); and
  • The employment agent uses the premises only on a temporary basis, or the premises are staffed by the agent on a part‑time or casual basis (reg 10(b)).
• Maintain contemporaneous records showing dates, times and staffing patterns to evidence temporariness or part‑time/casual staffing.

7. Manage cross‑statutory information obligations

• For contracts and classifications, track the Fair Work Act high income threshold for the relevant financial year to determine whether the employment contract exclusion in reg 5 applies. Source and record the operative threshold for each relevant financial year when making exclusion determinations (reg 5).
• For Schedule 1 Form 3 answers, liaise with employers and insurers to ensure accurate disclosure about Return to Work Act 2014 applicability, workers compensation, public liability, car insurance and other insurance arrangements, as well as tax and superannuation arrangements (Schedule 1 Form 3).

8. Record retention and evidence

• Keep signed copies of all prescribed forms, proof of advertisement publication, and supporting records proving compliance with timing and exemption conditions. These records constitute the primary evidence of compliance because the Regulations impose form and signature requirements (reg 6(4), reg 8, reg 9; Schedule 1 Forms 1-3).

9. Internal responsibilities and delegation

• If the agent is a body corporate, identify and document the natural person who will act as manager, since that person must sign the fee notice and two character references must be furnished about them for licensing purposes (reg 6(3); Schedule 1 Form 2).
• Assign responsibility for monitoring the Fair Work Act threshold, for arranging the required advertising, and for preparing and retaining prescribed documents.

10. Advising workers

• Use Schedule 1 Form 3 to provide the prescribed statement to workers (reg 9). Note the Form’s “Note to worker” advising verification with the employer; encourage workers to follow that step and keep a copy of the Form as evidence of what was disclosed.

These steps reflect what the Regulations require in form, timing and evidence. They do not replace obligations in the Act or other statutes referenced in the Forms; compliance requires reading the Regulations alongside the Act and applicable Commonwealth or State regimes (for example, the Fair Work Act threshold, Return to Work Act 2014 and insurance law).