This regulation prescribes the detailed rules that support Queensland’s labour‑hire licensing law: who counts as a worker (and specific exclusions), what applicants must disclose (financials, WHS/workers’ compensation, migration, solvency, criminal and discrimination history), what licensees must report, fees and approved forms, and record‑keeping/backup standards. It matters to labour‑hire providers, nominated officers and related persons because they must supply documents, meet reporting and retention requirements, pay fees and notify the chief executive of material changes, or face penalties.
The Labour Hire Licensing Regulation 2018 (the regulation) operationalises elements of the Labour Hire Licensing Act (the Act) by prescribing definitions, application data, reporting items, recordkeeping requirements, publication rules for forms, fees and specified changes that trigger notification obligations. The regulation does not restate the Act’s licensing threshold or the core licensing mechanics; instead it supplies the specific information that applicants and licensees must give and the documentary standards they must meet to comply with the Act’s procedural and evidentiary requirements.
Mechanically, the instrument:
defines particular words used in the regulation and points to a schedule 2 dictionary (sec.3);
prescribes categories of individuals who are not “workers” for the Act’s purposes, including high‑income earners, certain executive officers and in‑house employees supplied temporarily, with the tests and examples set out (sec.4);
sets out the precise financial documents and matters an applicant must supply to demonstrate financial viability (sec.6);
prescribes the work health and safety (WHS) and workers’ compensation information that must accompany an application, including convictions, undertakings and insurance details (sec.7);
lists additional matters the regulator may require about other licences, migration matters, solvency of associated entities, workplace safety and compensation history, criminal and industry disciplinary history, and discrimination/sexual harassment matters (secs.8-14);
prescribes reporting items licensees must include in periodic reports under the Act, such as fees paid by workers, piecework arrangements, entitlements accrued, visa classes and counts, accommodation details and fees for other services (sec.15);
Current sections
Direct links to the current provisions in Labour Hire Licensing Regulation 2018.
38
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Labour Hire Licensing Regulation 2018 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 16 April 2018.
pt.1-div.2
Interpretation
Interpretation
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
sec.4
Individuals who are not workers— Act , s 8
sec.4 Individuals who are not workers— Act , s 8
For section 8 (2) of the Act , the following individuals are prescribed—
an individual employed by a provider—
whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and
other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work;
an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions;
a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client
a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business
a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business.
A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business.
A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
For subsection (1) (c) , an in-house employee of a provider is an individual who—
is engaged as an employee by the provider on a regular and systematic basis; and
has a reasonable expectation the employment with the provider will continue; and
primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
(sec.4-ssec.1) For section 8 (2) of the Act , the following individuals are prescribed— an individual employed by a provider— whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ; for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work; an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business. A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business. A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
(sec.4-ssec.2) For subsection (1) (c) , an in-house employee of a provider is an individual who— is engaged as an employee by the provider on a regular and systematic basis; and has a reasonable expectation the employment with the provider will continue; and primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
(a) an individual employed by a provider— (i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and (ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
(i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and
(ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
(b) for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work;
(c) an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; Examples of the supply of an individual to do work on a temporary basis— • a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client • a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business • a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
• a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client
• a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business
• a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
(d) an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business. Examples— 1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business. 2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
(i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and
(ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
• a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client
• a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business
• a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
(a) is engaged as an employee by the provider on a regular and systematic basis; and
(b) has a reasonable expectation the employment with the provider will continue; and
(c) primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
pt.2
Applications for licences
Applications for licences
pt.2-div.1
Preliminary
Preliminary
sec.5
Definitions for part
sec.5 Definitions for part
In this part—
associate , of an applicant, means—
if a proposed nominated officer for the application is a person other than the applicant—the proposed nominated officer; or
if the applicant is a corporation—the corporation and each person who is an executive officer of the corporation.
related person , in relation to an applicant, means—
if the applicant is an individual—a corporation of which the applicant is or has been an executive officer; or
if the applicant is a corporation—
each person who is an executive officer of the corporation; and
each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
WHS undertaking means an undertaking given under the Work Health and Safety Act 2011 , section 216 (1) .
(a) if a proposed nominated officer for the application is a person other than the applicant—the proposed nominated officer; or
(b) if the applicant is a corporation—the corporation and each person who is an executive officer of the corporation.
(a) if the applicant is an individual—a corporation of which the applicant is or has been an executive officer; or
(b) if the applicant is a corporation— (i) each person who is an executive officer of the corporation; and (ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
(i) each person who is an executive officer of the corporation; and
(ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
(i) each person who is an executive officer of the corporation; and
(ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
pt.2-div.2
Financial viability
Financial viability
sec.6
Information about financial viability of business— Act , s 13
sec.6 Information about financial viability of business— Act , s 13
For section 13 (3) (c) (ii) of the Act , the prescribed information is a description of the financial documents held by the applicant relating to the business’s ability to—
meet its actual, or projected, operating costs and expenses; and
pay each worker supplied by the business as and when the worker is due to be paid; and
pay other financial obligations or entitlements in relation to workers, including, for example, the payment of payroll tax and superannuation for workers.
a profit and loss statement
a balance sheet
an independent accountant’s report
a financial plan
a statement of actual, or projected, cash flow
a bank statement
a document showing amounts withheld from payments made to employees and paid to the Australian Taxation Office
a document showing payment of employee superannuation
(a) meet its actual, or projected, operating costs and expenses; and
(b) pay each worker supplied by the business as and when the worker is due to be paid; and
(c) pay other financial obligations or entitlements in relation to workers, including, for example, the payment of payroll tax and superannuation for workers.
• a profit and loss statement
• a balance sheet
• an independent accountant’s report
• a financial plan
• a statement of actual, or projected, cash flow
• a bank statement
• a document showing amounts withheld from payments made to employees and paid to the Australian Taxation Office
• a document showing payment of employee superannuation
pt.2-div.3
Work health and safety and workers compensation obligations
Work health and safety and workers compensation obligations
sec.7
Information about work health and safety and workers compensation obligations— Act , s 13
sec.7 Information about work health and safety and workers compensation obligations— Act , s 13
For section 13 (3) (c) (iii) of the Act , the following information is prescribed—
whether, within 5 years before the application is made, the applicant or a related person has—
been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
whether the applicant—
is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or
is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
if the applicant is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 —the policy number for the policy of insurance.
(a) whether, within 5 years before the application is made, the applicant or a related person has— (i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or (ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
(i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
(ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
(b) whether the applicant— (i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or (ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
(i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or
(ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
(c) if the applicant is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 —the policy number for the policy of insurance.
(i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
(ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
(i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or
(ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
pt.2-div.4
Additional matters
Additional matters
sec.8
Information about other licences
sec.8 Information about other licences
This section applies if the applicant or an associate of the applicant has applied for, or held—
an interstate licence under a corresponding law; or
a licence, accreditation or other authority, under an Act, to carry on a business or carry out an occupation.
For section 13 (3) (c) (iv) of the Act , the information prescribed includes whether, within 5 years before the application is made—
the application was refused; or
any of the following happened—
a condition was imposed on the licence, accreditation or authority;
the licence, accreditation or authority was suspended or cancelled;
other disciplinary action was taken in relation to the licence, accreditation or authority.
In this section—
corresponding law means a law, or former law, of another State or the Commonwealth that provides for, or provided for the same, or substantially the same, matter as the Act .
interstate licence means a licence, however described, issued under a corresponding law that is similar to a licence under the Act .
(sec.8-ssec.1) This section applies if the applicant or an associate of the applicant has applied for, or held— an interstate licence under a corresponding law; or a licence, accreditation or other authority, under an Act, to carry on a business or carry out an occupation.
(sec.8-ssec.2) For section 13 (3) (c) (iv) of the Act , the information prescribed includes whether, within 5 years before the application is made— the application was refused; or any of the following happened— a condition was imposed on the licence, accreditation or authority; the licence, accreditation or authority was suspended or cancelled; other disciplinary action was taken in relation to the licence, accreditation or authority.
(sec.8-ssec.3) In this section— corresponding law means a law, or former law, of another State or the Commonwealth that provides for, or provided for the same, or substantially the same, matter as the Act . interstate licence means a licence, however described, issued under a corresponding law that is similar to a licence under the Act .
(a) an interstate licence under a corresponding law; or
(b) a licence, accreditation or other authority, under an Act, to carry on a business or carry out an occupation.
(a) the application was refused; or
(b) any of the following happened— (i) a condition was imposed on the licence, accreditation or authority; (ii) the licence, accreditation or authority was suspended or cancelled; (iii) other disciplinary action was taken in relation to the licence, accreditation or authority.
(i) a condition was imposed on the licence, accreditation or authority;
(ii) the licence, accreditation or authority was suspended or cancelled;
(iii) other disciplinary action was taken in relation to the licence, accreditation or authority.
(i) a condition was imposed on the licence, accreditation or authority;
(ii) the licence, accreditation or authority was suspended or cancelled;
(iii) other disciplinary action was taken in relation to the licence, accreditation or authority.
sec.9
Information about migration matters
sec.9 Information about migration matters
For section 13 (3) (c) (iv) of the Act , the following information is also prescribed—
whether the applicant or an associate of the applicant holds a visa under the Migration Act 1958 (Cwlth) ;
whether, within 5 years before the application is made, the applicant or a related person has—
been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or
been convicted of an offence against the Migration Act 1958 (Cwlth) ;
whether the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) ;
if the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) —how many workers the applicant supplies, or intends to supply;
whether the applicant is an approved employer for the program established by the Commonwealth and known as the Seasonal Worker Programme.
(a) whether the applicant or an associate of the applicant holds a visa under the Migration Act 1958 (Cwlth) ;
(b) whether, within 5 years before the application is made, the applicant or a related person has— (i) been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or (ii) been convicted of an offence against the Migration Act 1958 (Cwlth) ;
(i) been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or
(ii) been convicted of an offence against the Migration Act 1958 (Cwlth) ;
(c) whether the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) ;
(d) if the applicant supplies workers who hold visas under the Migration Act 1958 (Cwlth) —how many workers the applicant supplies, or intends to supply;
(e) whether the applicant is an approved employer for the program established by the Commonwealth and known as the Seasonal Worker Programme.
(i) been issued an infringement notice under the Migration Act 1958 (Cwlth) ; or
(ii) been convicted of an offence against the Migration Act 1958 (Cwlth) ;
sec.10
Information about solvency of entities associated with applicant
sec.10 Information about solvency of entities associated with applicant
For section 13 (3) (c) (iv) of the Act , the following information is also prescribed—
if the applicant is an individual—whether a close associate of the individual has been an insolvent under administration;
if the applicant is a corporation—whether a related body corporate, under the Corporations Act , of the applicant—
has executed a deed of company arrangement under the Corporations Act ; or
is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or
is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .
In this section—
close associate , of an individual, means—
a spouse, de facto partner, parent, brother, sister or child of the individual; or
a step-parent, stepbrother, stepsister or stepchild of the individual; or
a member of the same household as the individual; or
a person with whom the individual is in a partnership; or
a person who is in a position to control or substantially influence the conduct of the individual.
s 10 amd 2023 Act No. 23 s 247 sch 1 s 2 (2)
(sec.10-ssec.1) For section 13 (3) (c) (iv) of the Act , the following information is also prescribed— if the applicant is an individual—whether a close associate of the individual has been an insolvent under administration; if the applicant is a corporation—whether a related body corporate, under the Corporations Act , of the applicant— has executed a deed of company arrangement under the Corporations Act ; or is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .
(sec.10-ssec.2) In this section— close associate , of an individual, means— a spouse, de facto partner, parent, brother, sister or child of the individual; or a step-parent, stepbrother, stepsister or stepchild of the individual; or a member of the same household as the individual; or a person with whom the individual is in a partnership; or a person who is in a position to control or substantially influence the conduct of the individual.
(a) if the applicant is an individual—whether a close associate of the individual has been an insolvent under administration;
(b) if the applicant is a corporation—whether a related body corporate, under the Corporations Act , of the applicant— (i) has executed a deed of company arrangement under the Corporations Act ; or (ii) is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or (iii) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .
(i) has executed a deed of company arrangement under the Corporations Act ; or
(ii) is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or
(iii) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .
(i) has executed a deed of company arrangement under the Corporations Act ; or
(ii) is the subject of a winding-up, whether voluntarily or under a court order, under that Act ; or
(iii) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act .
(a) a spouse, de facto partner, parent, brother, sister or child of the individual; or
(b) a step-parent, stepbrother, stepsister or stepchild of the individual; or
(c) a member of the same household as the individual; or
(d) a person with whom the individual is in a partnership; or
(e) a person who is in a position to control or substantially influence the conduct of the individual.
sec.11
Information about workplace, work health and safety and workers’ compensation matters
sec.11 Information about workplace, work health and safety and workers’ compensation matters
For section 13 (3) (c) (iv) of the Act , the information prescribed also includes whether, within 5 years before the application is made, the applicant or a related person has—
been convicted of an offence against—
the Fair Work Act 2009 (Cwlth) ; or
a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
had an enforceable undertaking accepted under the Fair Work Act 2009 (Cwlth) , section 715 ; or
had an undertaking that corresponds to a WHS undertaking accepted under a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 ; or
been given an infringement notice under the Fair Work Act 2009 (Cwlth) .
(a) been convicted of an offence against— (i) the Fair Work Act 2009 (Cwlth) ; or (ii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
(i) the Fair Work Act 2009 (Cwlth) ; or
(ii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
(b) had an enforceable undertaking accepted under the Fair Work Act 2009 (Cwlth) , section 715 ; or
(c) had an undertaking that corresponds to a WHS undertaking accepted under a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 ; or
(d) been given an infringement notice under the Fair Work Act 2009 (Cwlth) .
(i) the Fair Work Act 2009 (Cwlth) ; or
(ii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
sec.12
Information about offences
sec.12 Information about offences
For section 13 (3) (c) (iv) of the Act , the following information is also prescribed—
whether the applicant or an associate of the applicant has been convicted of a serious criminal offence;
whether, within 5 years before the application is made, the applicant or a related person has been convicted of an offence against any of the following laws—
the Coal Mining Safety and Health Act 1999 ;
the Electrical Safety Act 2002 ;
the Explosives Act 1999 ;
the Fire Services Act 1990 ;
the Heavy Vehicle National Law (Queensland) ;
the Mining and Quarrying Safety and Health Act 1999 ;
the Radiation Safety Act 1999 ;
the Residential Services (Accreditation) Act 2002 ;
the Residential Tenancies and Rooming Accommodation Act 2008 ;
the Safety in Recreational Water Activities Act 2011 ;
the Transport Operations (Marine Safety) Act 1994 ;
the Transport Operations (Passenger Transport) Act 1994 ;
a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .
s 12 amd 2024 Act No. 22 s 92 sch 1
(a) whether the applicant or an associate of the applicant has been convicted of a serious criminal offence;
(b) whether, within 5 years before the application is made, the applicant or a related person has been convicted of an offence against any of the following laws— (i) the Coal Mining Safety and Health Act 1999 ; (ii) the Electrical Safety Act 2002 ; (iii) the Explosives Act 1999 ; (iv) the Fire Services Act 1990 ; (v) the Heavy Vehicle National Law (Queensland) ; (vi) the Mining and Quarrying Safety and Health Act 1999 ; (vii) the Radiation Safety Act 1999 ; (viii) the Residential Services (Accreditation) Act 2002 ; (ix) the Residential Tenancies and Rooming Accommodation Act 2008 ; (x) the Safety in Recreational Water Activities Act 2011 ; (xi) the Transport Operations (Marine Safety) Act 1994 ; (xii) the Transport Operations (Passenger Transport) Act 1994 ; (xiii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .
(i) the Coal Mining Safety and Health Act 1999 ;
(ii) the Electrical Safety Act 2002 ;
(iii) the Explosives Act 1999 ;
(iv) the Fire Services Act 1990 ;
(v) the Heavy Vehicle National Law (Queensland) ;
(vi) the Mining and Quarrying Safety and Health Act 1999 ;
(vii) the Radiation Safety Act 1999 ;
(viii) the Residential Services (Accreditation) Act 2002 ;
(ix) the Residential Tenancies and Rooming Accommodation Act 2008 ;
(x) the Safety in Recreational Water Activities Act 2011 ;
(xi) the Transport Operations (Marine Safety) Act 1994 ;
(xii) the Transport Operations (Passenger Transport) Act 1994 ;
(xiii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .
(i) the Coal Mining Safety and Health Act 1999 ;
(ii) the Electrical Safety Act 2002 ;
(iii) the Explosives Act 1999 ;
(iv) the Fire Services Act 1990 ;
(v) the Heavy Vehicle National Law (Queensland) ;
(vi) the Mining and Quarrying Safety and Health Act 1999 ;
(vii) the Radiation Safety Act 1999 ;
(viii) the Residential Services (Accreditation) Act 2002 ;
(ix) the Residential Tenancies and Rooming Accommodation Act 2008 ;
(x) the Safety in Recreational Water Activities Act 2011 ;
(xi) the Transport Operations (Marine Safety) Act 1994 ;
(xii) the Transport Operations (Passenger Transport) Act 1994 ;
(xiii) a law of another State or the Commonwealth that provides for the same, or substantially the same, matters as a law or a provision of a law mentioned in subparagraphs (i) to (xii) .
sec.13
Information about discrimination and sexual harassment matters
sec.13 Information about discrimination and sexual harassment matters
This section also prescribes information for section 13 (3) (c) (iv) of the Act .
If, within 5 years before the application is made, the applicant or an associate of the applicant has been—
convicted of an offence against an anti-discrimination law—the information is that the applicant or associate was convicted of the offence; or
the subject of a complaint alleging sexual harassment under an anti-discrimination law—the information is that the applicant or associate was the subject of the complaint.
In this section—
anti-discrimination law means—
the Anti-Discrimination Act 1991 ; or
a corresponding law; or
the Sex Discrimination Act 1984 (Cwlth) .
corresponding law means a law, or former law, of another State that provides for, or provided for the same, or substantially the same, matter as the Anti-Discrimination Act 1991 or a provision of that Act .
(sec.13-ssec.1) This section also prescribes information for section 13 (3) (c) (iv) of the Act .
(sec.13-ssec.2) If, within 5 years before the application is made, the applicant or an associate of the applicant has been— convicted of an offence against an anti-discrimination law—the information is that the applicant or associate was convicted of the offence; or the subject of a complaint alleging sexual harassment under an anti-discrimination law—the information is that the applicant or associate was the subject of the complaint.
(sec.13-ssec.3) In this section— anti-discrimination law means— the Anti-Discrimination Act 1991 ; or a corresponding law; or the Sex Discrimination Act 1984 (Cwlth) . corresponding law means a law, or former law, of another State that provides for, or provided for the same, or substantially the same, matter as the Anti-Discrimination Act 1991 or a provision of that Act .
(a) convicted of an offence against an anti-discrimination law—the information is that the applicant or associate was convicted of the offence; or
(b) the subject of a complaint alleging sexual harassment under an anti-discrimination law—the information is that the applicant or associate was the subject of the complaint.
(a) the Anti-Discrimination Act 1991 ; or
(b) a corresponding law; or
(c) the Sex Discrimination Act 1984 (Cwlth) .
sec.14
Miscellaneous information
sec.14 Miscellaneous information
For section 13 (3) (c) (iv) of the Act , the following information is also prescribed—
if the applicant is an individual—the applicant’s date of birth;
whether, within 5 years before the application is made, an industry or professional body has—
refused to grant the applicant, or an associate of the applicant, membership of the body; or
if the applicant or an associate of the applicant is a member of the body—
taken any disciplinary action against the applicant or person; or
suspended or cancelled the applicant’s or person’s membership of the body;
whether the applicant is liable to make long service leave payments under—
the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or
the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;
whether the applicant charges, or intends to charge, a worker a fee for any service provided to the worker in connection with the provision of labour hire services;
the regions in Queensland where the applicant provides, or intends to provide, labour hire services;
the industries to which the applicant provides, or intends to provide, labour hire services.
(a) if the applicant is an individual—the applicant’s date of birth;
(b) whether, within 5 years before the application is made, an industry or professional body has— (i) refused to grant the applicant, or an associate of the applicant, membership of the body; or (ii) if the applicant or an associate of the applicant is a member of the body— (A) taken any disciplinary action against the applicant or person; or (B) suspended or cancelled the applicant’s or person’s membership of the body;
(i) refused to grant the applicant, or an associate of the applicant, membership of the body; or
(ii) if the applicant or an associate of the applicant is a member of the body— (A) taken any disciplinary action against the applicant or person; or (B) suspended or cancelled the applicant’s or person’s membership of the body;
(A) taken any disciplinary action against the applicant or person; or
(B) suspended or cancelled the applicant’s or person’s membership of the body;
(c) whether the applicant is liable to make long service leave payments under— (i) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or (ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;
(i) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or
(ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;
(d) whether the applicant charges, or intends to charge, a worker a fee for any service provided to the worker in connection with the provision of labour hire services;
(e) the regions in Queensland where the applicant provides, or intends to provide, labour hire services;
(f) the industries to which the applicant provides, or intends to provide, labour hire services.
(i) refused to grant the applicant, or an associate of the applicant, membership of the body; or
(ii) if the applicant or an associate of the applicant is a member of the body— (A) taken any disciplinary action against the applicant or person; or (B) suspended or cancelled the applicant’s or person’s membership of the body;
(A) taken any disciplinary action against the applicant or person; or
(B) suspended or cancelled the applicant’s or person’s membership of the body;
(A) taken any disciplinary action against the applicant or person; or
(B) suspended or cancelled the applicant’s or person’s membership of the body;
(i) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; or
(ii) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ;
pt.3
Obligations of licensees
Obligations of licensees
sec.15
Prescribed matters for report— Act , s 32
sec.15 Prescribed matters for report— Act , s 32
For section 32 of the Act , the following matters are prescribed—
whether a relevant worker paid a fee or bond to the licensee for being supplied to another person;
whether any arrangement entered into between the licensee and a relevant worker was a piecework contract;
whether a relevant worker accrued any entitlements including, for example, long service leave, sick leave or annual leave;
if the licensee supplied relevant workers who held a visa under the Migration Act 1958 (Cwlth) —
the number of workers supplied; and
the classes of visa held by the workers supplied;
if the licensee provided accommodation to a relevant worker in connection with the provision of labour hire services—for each address—
the total number of bedrooms in the accommodation; and
the total number of relevant workers who used the accommodation at any time; and
whether use of the accommodation was a precondition of the worker being supplied as a worker;
if the licensee is aware accommodation was provided by another person to a relevant worker, to the best of the licensee’s knowledge whether use of the accommodation by the relevant worker was a precondition to being supplied as a worker;
if another service mentioned in section 31 (2) (j) of the Act was provided to a relevant worker by the licensee or, to the best of the licensee’s knowledge, by a person to whom the worker was supplied—
whether a fee was charged for the service; and
if a fee was charged for the service—the amount of the fee.
meals, transport, job-finding
In this section—
relevant worker , for a licensee, means a worker supplied by the licensee to another person, who does work for the other person during the reporting period mentioned in section 31 (3) of the Act .
(sec.15-ssec.1) For section 32 of the Act , the following matters are prescribed— whether a relevant worker paid a fee or bond to the licensee for being supplied to another person; whether any arrangement entered into between the licensee and a relevant worker was a piecework contract; whether a relevant worker accrued any entitlements including, for example, long service leave, sick leave or annual leave; if the licensee supplied relevant workers who held a visa under the Migration Act 1958 (Cwlth) — the number of workers supplied; and the classes of visa held by the workers supplied; if the licensee provided accommodation to a relevant worker in connection with the provision of labour hire services—for each address— the total number of bedrooms in the accommodation; and the total number of relevant workers who used the accommodation at any time; and whether use of the accommodation was a precondition of the worker being supplied as a worker; if the licensee is aware accommodation was provided by another person to a relevant worker, to the best of the licensee’s knowledge whether use of the accommodation by the relevant worker was a precondition to being supplied as a worker; if another service mentioned in section 31 (2) (j) of the Act was provided to a relevant worker by the licensee or, to the best of the licensee’s knowledge, by a person to whom the worker was supplied— whether a fee was charged for the service; and if a fee was charged for the service—the amount of the fee. meals, transport, job-finding
(sec.15-ssec.2) In this section— relevant worker , for a licensee, means a worker supplied by the licensee to another person, who does work for the other person during the reporting period mentioned in section 31 (3) of the Act .
(a) whether a relevant worker paid a fee or bond to the licensee for being supplied to another person;
(b) whether any arrangement entered into between the licensee and a relevant worker was a piecework contract;
(c) whether a relevant worker accrued any entitlements including, for example, long service leave, sick leave or annual leave;
(d) if the licensee supplied relevant workers who held a visa under the Migration Act 1958 (Cwlth) — (i) the number of workers supplied; and (ii) the classes of visa held by the workers supplied;
(i) the number of workers supplied; and
(ii) the classes of visa held by the workers supplied;
(e) if the licensee provided accommodation to a relevant worker in connection with the provision of labour hire services—for each address— (i) the total number of bedrooms in the accommodation; and (ii) the total number of relevant workers who used the accommodation at any time; and (iii) whether use of the accommodation was a precondition of the worker being supplied as a worker;
(i) the total number of bedrooms in the accommodation; and
(ii) the total number of relevant workers who used the accommodation at any time; and
(iii) whether use of the accommodation was a precondition of the worker being supplied as a worker;
(f) if the licensee is aware accommodation was provided by another person to a relevant worker, to the best of the licensee’s knowledge whether use of the accommodation by the relevant worker was a precondition to being supplied as a worker;
(g) if another service mentioned in section 31 (2) (j) of the Act was provided to a relevant worker by the licensee or, to the best of the licensee’s knowledge, by a person to whom the worker was supplied— (i) whether a fee was charged for the service; and (ii) if a fee was charged for the service—the amount of the fee. Examples of other services— meals, transport, job-finding
(i) whether a fee was charged for the service; and
(ii) if a fee was charged for the service—the amount of the fee.
(i) the number of workers supplied; and
(ii) the classes of visa held by the workers supplied;
(i) the total number of bedrooms in the accommodation; and
(ii) the total number of relevant workers who used the accommodation at any time; and
(iii) whether use of the accommodation was a precondition of the worker being supplied as a worker;
(i) whether a fee was charged for the service; and
(ii) if a fee was charged for the service—the amount of the fee.
sec.16
Licensees to notify chief executive of particular changes in circumstances — Act , s 40
sec.16 Licensees to notify chief executive of particular changes in circumstances — Act , s 40
For section 40 (3) of the Act , definition prescribed change , each of the following is a prescribed change—
a change in any of the following details contained in the register for the licensee—
name;
business name;
contact details;
a change in a matter mentioned in section 27 (1) (b) and (d) to (g) of the Act for the licensee;
a change in a matter mentioned in section 27 (1) (b) , (d) , (e) and (g) of the Act for either of the following—
a nominated officer for a licensee;
if a licensee is a corporation—an executive officer of the corporation;
the licensee starts to—
provide accommodation for workers supplied to another person by the licensee; or
supply workers who hold visas under the Migration Act 1958 (Cwlth) ;
any of the following persons are convicted of a serious criminal offence—
if the licensee is an individual—the licensee;
if a nominated officer for the licensee is an individual other than the licensee—the nominated officer;
if the licensee is a corporation—a person who is an executive officer of the corporation.
(a) a change in any of the following details contained in the register for the licensee— (i) name; (ii) business name; (iii) contact details;
(i) name;
(ii) business name;
(iii) contact details;
(b) a change in a matter mentioned in section 27 (1) (b) and (d) to (g) of the Act for the licensee;
(c) a change in a matter mentioned in section 27 (1) (b) , (d) , (e) and (g) of the Act for either of the following— (i) a nominated officer for a licensee; (ii) if a licensee is a corporation—an executive officer of the corporation;
(i) a nominated officer for a licensee;
(ii) if a licensee is a corporation—an executive officer of the corporation;
(d) the licensee starts to— (i) provide accommodation for workers supplied to another person by the licensee; or (ii) supply workers who hold visas under the Migration Act 1958 (Cwlth) ;
(i) provide accommodation for workers supplied to another person by the licensee; or
(ii) supply workers who hold visas under the Migration Act 1958 (Cwlth) ;
(e) any of the following persons are convicted of a serious criminal offence— (i) if the licensee is an individual—the licensee; (ii) if a nominated officer for the licensee is an individual other than the licensee—the nominated officer; (iii) if the licensee is a corporation—a person who is an executive officer of the corporation.
(i) if the licensee is an individual—the licensee;
(ii) if a nominated officer for the licensee is an individual other than the licensee—the nominated officer;
(iii) if the licensee is a corporation—a person who is an executive officer of the corporation.
(i) name;
(ii) business name;
(iii) contact details;
(i) a nominated officer for a licensee;
(ii) if a licensee is a corporation—an executive officer of the corporation;
(i) provide accommodation for workers supplied to another person by the licensee; or
(ii) supply workers who hold visas under the Migration Act 1958 (Cwlth) ;
(i) if the licensee is an individual—the licensee;
(ii) if a nominated officer for the licensee is an individual other than the licensee—the nominated officer;
(iii) if the licensee is a corporation—a person who is an executive officer of the corporation.
sec.17
Report to be in approved form
sec.17 Report to be in approved form
A report under section 31 of the Act must be in the approved form.
pt.4
Miscellaneous
Miscellaneous
pt.4-div.1
Fees
Fees
sec.18
Fees
sec.18 Fees
The fees payable under the Act are prescribed in schedule 1 .
pt.4-div.2
Register
Register
sec.19
Register— Act , s 103
sec.19 Register— Act , s 103
If the business to which the licence relates is known by a name other than the business name shown in the register, the business’s other name is prescribed for section 103 (2) (n) of the Act .
pt.4-div.3
Approved forms
Approved forms
sec.20
Approved forms
sec.20 Approved forms
The availability under the Act of a form, or a new version of a form, must be notified on a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
A form, a new version of a form or a notice is published on the website mentioned in subsection (1) if it is published on, or accessible through, the website.
This section applies despite the Acts Interpretation Act 1954 , section 48 (5) and (6) .
s 20 amd 2020 Act No. 15 s 218 sch 1
(sec.20-ssec.1) The availability under the Act of a form, or a new version of a form, must be notified on a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
(sec.20-ssec.2) A form, a new version of a form or a notice is published on the website mentioned in subsection (1) if it is published on, or accessible through, the website.
(sec.20-ssec.3) This section applies despite the Acts Interpretation Act 1954 , section 48 (5) and (6) .
pt.4-div.4
Keeping of records and documents
Keeping of records and documents
sec.21
Requirement to keep supporting financial documents
sec.21 Requirement to keep supporting financial documents
A licensee must keep a copy of each financial document the licensee described in the licensee’s application for a licence under section 6 .
Maximum penalty—20 penalty units.
sec.22
Requirement to keep documents used for reporting
sec.22 Requirement to keep documents used for reporting
A licensee must keep a copy of each document the licensee used to prepare a report for section 31 of the Act .
Maximum penalty—20 penalty units.
sec.23
Record keeping
sec.23 Record keeping
A licensee must ensure a record or document kept under the Act is kept, or is capable of being produced, in the English language.
Maximum penalty—10 penalty units.
A licensee must keep each record or document the licensee is required to keep under the Act in a secure, orderly and accessible way.
Maximum penalty—10 penalty units.
A licensee must keep each record or document the licensee is required to keep under the Act for at least 7 years after the licensee stops being a licensee.
Maximum penalty—20 penalty units.
(sec.23-ssec.1) A licensee must ensure a record or document kept under the Act is kept, or is capable of being produced, in the English language. Maximum penalty—10 penalty units.
(sec.23-ssec.2) A licensee must keep each record or document the licensee is required to keep under the Act in a secure, orderly and accessible way. Maximum penalty—10 penalty units.
(sec.23-ssec.3) A licensee must keep each record or document the licensee is required to keep under the Act for at least 7 years after the licensee stops being a licensee. Maximum penalty—20 penalty units.
sec.24
Keeping documents in electronic form
sec.24 Keeping documents in electronic form
This section applies if—
a licensee is required to keep a document under the Act ; and
the document is stored in electronic form on a computer.
The licensee must ensure—
the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and
the computer system is backed up at least once a month; and
a computer disk or other electronic device used to store the backed-up information is kept in a location that—
is not the licensee’s principal place of business or the licensee’s registered address; and
is unaffected by magnetic interference or another thing that may adversely affect the stored information.
Maximum penalty—10 penalty units.
In this section—
registered address , for a licensee, means the address for the business to which the licence relates contained in the register.
(sec.24-ssec.1) This section applies if— a licensee is required to keep a document under the Act ; and the document is stored in electronic form on a computer.
(sec.24-ssec.2) The licensee must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the licensee’s principal place of business or the licensee’s registered address; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.
(sec.24-ssec.3) In this section— registered address , for a licensee, means the address for the business to which the licence relates contained in the register.
(a) a licensee is required to keep a document under the Act ; and
(b) the document is stored in electronic form on a computer.
(a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and
(b) the computer system is backed up at least once a month; and
(c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the licensee’s principal place of business or the licensee’s registered address; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.
(i) is not the licensee’s principal place of business or the licensee’s registered address; and
(ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
(i) is not the licensee’s principal place of business or the licensee’s registered address; and
(ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Labour Hire Licensing Regulation 2018 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 16 April 2018.
pt.1-div.2 Interpretation
Interpretation
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
sec.4 Individuals who are not workers— Act , s 8
sec.4 Individuals who are not workers— Act , s 8
For section 8 (2) of the Act , the following individuals are prescribed—
an individual employed by a provider—
whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and
other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work;
an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions;
a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client
a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business
a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business.
A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business.
A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
For subsection (1) (c) , an in-house employee of a provider is an individual who—
is engaged as an employee by the provider on a regular and systematic basis; and
has a reasonable expectation the employment with the provider will continue; and
primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
(sec.4-ssec.1) For section 8 (2) of the Act , the following individuals are prescribed— an individual employed by a provider— whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ; for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work; an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business. A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business. A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
(sec.4-ssec.2) For subsection (1) (c) , an in-house employee of a provider is an individual who— is engaged as an employee by the provider on a regular and systematic basis; and has a reasonable expectation the employment with the provider will continue; and primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
prescribes the changes that count as “prescribed changes” for the Act’s notification requirement (sec.16);
requires reports to be in an approved form and mandates publication and notification processes for forms (secs.17, 20);
prescribes that fees payable under the Act are contained in schedule 1 (sec.18); and
imposes recordkeeping duties, including document retention, language, storage, backup frequency and off‑site backup location requirements, with maximum penalty units for breaches set out (secs.21-24).
The regulation repeatedly cross‑refers to other statutes (for example the Fair Work Act 2009, the Migration Act 1958, the Work Health and Safety Act 2011, the Workers’ Compensation and Rehabilitation Act 2003 and the Corporations Act) as the source of thresholds, offences and schemes whose existence and outcomes must be disclosed by applicants and licensees (see secs.4, 6-14). It also contains amendment annotations (for example s.10, s.12, s.20) that show the instrument has been updated since commencement on 16 April 2018 (sec.2).
In short, the regulation fills the Act’s procedural and evidential detail gaps: it prescribes what data and documentary evidence applicants and licensees must produce, how reports and forms are to be handled, the categories of excluded individuals, recordkeeping standards and where to find the fee schedule. Each obligation created by the regulation links back to a particular section of the Act (the regulation repeatedly frames its obligations as “for section X of the Act the following is prescribed”), so compliance with the regulation is a necessary step to maintain or obtain a licence under the Act.
Main concepts
The regulation is organised around a handful of recurring operational concepts. These are the building blocks the regulator uses to assess applicants and to monitor licensees.
Prescribed information for applications and reports. The regulation specifies detailed documentary and factual information applicants must provide to satisfy statutory criteria in the Act (see Pt. 2, secs.5-14). For example, financial viability requires specific documents such as a profit and loss statement, balance sheet, independent accountant’s report, cash flow statement, bank statements and evidence of payment of employee superannuation and withheld amounts to the Australian Taxation Office (sec.6). Reporting by licensees requires information about fees or bonds paid by workers, piecework contracts, accrued entitlements, visa status and accommodation arrangements (sec.15).
Narrowing or clarifying who counts as a worker. The regulation prescribes categories of individuals who are not “workers” under the Act for purposes of exclusion (sec.4). The categories include individuals earning at or above the Fair Work Act’s high income threshold (s.333), executive officers supplied as the sole individual by a corporate provider, certain in‑house employees supplied temporarily, and individuals supplied within an intra‑group or recognisable collective business arrangement. For in‑house employees there is a three‑part test (regular and systematic engagement, reasonable expectation of continuing employment, primary performance for the provider) and illustrative examples are provided (sec.4).
Definition of relational actors for scrutiny. The regulation defines “associate” and “related person” for application purposes (sec.5). For example, where the applicant is a corporation, “associate” includes each executive officer. “Related person” in relation to a corporate applicant includes each executive officer and any other corporation of which an executive officer is or has been an executive officer (sec.5). These definitions broaden the circle of persons whose history and conduct must be disclosed.
Cross‑statute disclosure and verification. The regulation requires disclosure of interactions and outcomes under other statutes and schemes. Examples: WHS undertakings and convictions under the Work Health and Safety Act 2011 and the Workers’ Compensation and Rehabilitation Act 2003 (sec.7); offences under the Fair Work Act 2009 and equivalent laws (sec.11); Migration Act infringements and convictions, visa‑holding status and numbers of visa holders supplied (sec.9); insolvency events under the Corporations Act (sec.10); and convictions under a list of safety and licensing statutes (sec.12). The instrument therefore operationalises a multi‑statute screening and monitoring approach.
Publication and approved forms. The regulation requires that reports be in an approved form (sec.17) and mandates that the availability of forms, or new versions, be notified on a Queensland government website whose URL contains ‘qld.gov.au’ (sec.20). The regulation overrides certain Acts Interpretation Act provisions for that notification (sec.20(3)).
Recordkeeping and IT resilience. The regulation prescribes recordkeeping language and retention rules (English language, secure and accessible storage, kept for at least seven years after licensee status ends , sec.23), specific obligations to retain supporting documents used for applications and reports (secs.21-22), and requirements for electronic backups with monthly frequency and off‑site storage that is not the principal place of business or registered address (sec.24). Specific maximum penalties (in penalty units) attach to breaches of these duties (secs.21-24).
Notification triggers. The regulation identifies particular changes that are “prescribed changes” for the Act’s notification requirement (sec.16). These include changes to register details (name, business name, contact details), changes to matters listed in s.27(1)(b), (d)-(g) of the Act for the licensee, and convictions of serious criminal offences by the licensee, nominated officer or executive officers (sec.16).
Fee schedule and register details. The regulation points to a fee schedule (schedule 1) as the source of fees payable under the Act (sec.18). It also prescribes that an alternate business name should be included in the register when the business is known by a different name (sec.19).
These concepts shape the regulator’s approach: the instrument is documentary and process heavy, relying on cross‑referenced statutory indicators (convictions, undertakings, insolvency, visa status, insurance) and requiring document retention and IT controls to provide an audit trail. At a practical level, compliance requires gathering both financial evidence and inter‑statute records, keeping detailed contemporaneous documentation, and maintaining digital backup regimes in line with the specified minima.
Who it affects
The regulation affects a defined set of actors in and around the labour hire industry, with obligations attaching primarily to applicants for licences under the Act and to existing licensees. The principal categories are:
Applicants for a labour hire licence and their associates. The regulation prescribes exact documentary requirements applicants must lodge to satisfy parts of the Act (secs.5-14). “Associate” of an applicant includes a proposed nominated officer (if not the applicant) and, where the applicant is a corporation, each executive officer of the corporation (sec.5). Those associates therefore fall into the scrutiny circle for disclosure requirements.
Licensees and nominated officers. Existing licensees are obliged to report prescribed matters (sec.15), keep supporting documents used for applications and reports (secs.21-22), ensure records are in English and stored securely for specified retention periods (sec.23), and maintain electronic backups per the reset rules (sec.24). Nominated officers are specifically captured for notification obligations and for the prescribed change category where a nominated officer is convicted of a serious criminal offence (sec.16).
Executive officers of corporate licensees. The regulation explicitly treats executive officers as associates or related persons in many contexts (secs.5, 10), requires disclosure of actions and convictions of executive officers, and treats their criminal convictions as triggers for notification obligations (sec.16). Where an applicant is a corporation and the only individual supplied is an executive officer, that individual fits the prescribed non‑worker category in sec.4(b).
Workers supplied by licensees. The regulation affects workers indirectly by requiring licensees to report whether workers paid fees or bonds, whether arrangements were piecework contracts, whether entitlements accrued, whether accommodation was supplied and if its use was a precondition of supply, and whether workers supplied hold visas (sec.15). These reporting obligations create transparency about worker treatment but do not, in the regulation itself, alter entitlements.
Visa holders and migration‑situation participants. Applicants must disclose whether they or an associate holds a visa under the Migration Act 1958, whether the applicant supplies workers who hold visas, how many such workers they supply or intend to supply, and whether the applicant is an approved employer under the Seasonal Worker Programme (sec.9). The regulation therefore brings migration status into the licensing assessment.
Related corporations and close associates. For questions of solvency and insolvency, the regulation requires disclosure about related bodies corporate or close associates: executed deeds of company arrangement, winding up, or appointments of administrators, liquidators or receivers under the Corporations Act (sec.10). Close associate is broadly defined to include spouses, de facto partners, household members and persons with partnership or controlling influence over the individual (sec.10).
Industry and professional bodies. The regulation asks applicants to disclose whether an industry or professional body has refused membership or taken disciplinary action (sec.14), thereby involving such bodies indirectly in the information set used by the licensing authority.
The regulator and the chief executive. The regulation repeatedly refers to submissions, reporting and notification to the chief executive (see sec.16 and the framing “for section X of the Act the following is prescribed”), and requires publication and notification of forms on a Queensland government website (sec.20). Those administrative actors receive and process the documentary inflows the regulation prescribes.
In short, the regulation affects those who apply for or hold a labour hire licence, the persons connected to corporate applicants (executive officers, related corporations), the workers supplied by licensees (by way of reporting transparency), and the administrative machinery that assesses compliance. It also affects IT and compliance functions within applicant/licensee organisations, since electronic backup, storage location and retention rules apply. The regulation imposes documentary and disclosure obligations that require the involvement of finance, human resources, legal, immigration and WHS functions within affected organisations.
Key duties and rights
The regulation largely prescribes duties and documentation obligations; it contains few express “rights” for applicants or licensees. Below are the principal duties created or operationalised by the regulation, together with the limited affirmative procedural protections implied by the requirement for approved forms and public notices.
Duties on applicants and licensees
Provide prescribed application information and supporting documents. The regulation sets out detailed documentary evidence applicants must provide to support financial viability (sec.6), WHS and workers’ compensation status (sec.7), prior licences and disciplinary history (sec.8), migration matters (sec.9), solvency of associated entities (sec.10), workplace safety and compensation history (sec.11), offences (sec.12), discrimination and sexual harassment history (sec.13) and miscellaneous personal and business facts (sec.14). These duties are phrased as “for section X of the Act, the following information is prescribed,” making them compulsory inputs to the Act’s assessment framework.
Report prescribed matters periodically. Licensees must include specified items in reports under section 31 of the Act. These include whether workers paid fees or bonds, piecework contracts, accrued entitlements, numbers and visa classes of visa‑holding workers, accommodation details (number of bedrooms, number of workers who used accommodation, whether use was a precondition), and whether other services (meals, transport, job‑finding) supplied to workers attracted fees and the amounts (sec.15). The regulation defines “relevant worker” for this reporting (sec.15(2)).
Notify prescribed changes to the chief executive. The regulation lists what counts as a “prescribed change” under the Act’s notification requirements (sec.16). These include register detail changes (name, business name, contact details), changes to matters listed in s.27(1)(b),(d)-(g) of the Act for the licensee or nominated officer/executive officers, starting to provide accommodation or supply visa‑holding workers, and convictions of serious criminal offences by the licensee, nominated officer or executive officers (sec.16).
Use approved forms and public methods for reports and form availability. The regulation requires reports to be in an approved form (sec.17) and requires publication/notification of forms or new versions on a Queensland government website (sec.20). The regulation expressly applies despite certain provisions of the Acts Interpretation Act (sec.20(3)).
Keep supporting documents and reporting documents. The regulation requires licensees to keep copies of each financial document they described in their licence application (sec.21) and to keep copies of each document used to prepare reports under section 31 of the Act (sec.22). Maximum penalties attach to both duties (20 penalty units each).
Maintain records in English, securely and for a minimum period. Licensees must ensure records are kept, or producible, in English (maximum penalty 10 penalty units), kept in a secure, orderly and accessible way (10 penalty units) and kept for at least seven years after the licensee ceases to be a licensee (20 penalty units) (sec.23).
Ensure electronic storage and backup resilience. Where documents are stored electronically, the licensee must ensure the computer system has sufficient capacity and backup capability, backups occur at least monthly, and at least one copy of the backed‑up information is kept off‑site in a location that is not the principal place of business or registered address and is not subject to magnetic interference or similar risks (maximum penalty 10 penalty units) (sec.24).
Pay fees as prescribed in schedule 1. The regulation prescribes in schedule 1 the fees payable under the Act (sec.18). The schedule itself is not reproduced in the regulation text provided here, but the regulation makes the fees payable under the Act depend on schedule 1.
Rights and procedural implications in the regulation
Right to use approved forms and online publication. Reports must be in the approved form (sec.17) and forms will be published and notified on a central Queensland government website (sec.20), which creates an administrative predictability mechanism. The regulation does not, however, spell out a right to internal review, appeal or timelines for decisions; those procedural rights, if any, will be in the Act or other administrative law instruments, not in this regulation text.
Exclusions from “worker” definition. The regulation prescribes certain categories of individuals who are not “workers” for the Act’s purposes (sec.4). Where an individual meets the prescribed criteria , for example being paid at or above the Fair Work Act s.333 high income threshold and not employed under an industrial instrument , the regulation treats them as not within the worker regulatory ambit. That confers an indirect right to non‑coverage in those circumstances, but the regulation sets out the tests the applicant/licensee must meet to rely on the exclusion (sec.4).
Predictability through detailed disclosure lists. By listing the exact items an applicant must disclose across financial, safety, migration, insolvency and disciplinary fields (secs.6-14), the regulation reduces uncertainty about what will be asked by the licensing authority. That predictability functions as an administrative right of sorts because applicants know the documentary burden upfront.
In sum, the regulation creates a dense set of documentary duties and administrative filing obligations. It prescribes the items that the licensing authority will treat as necessary to decide applications and monitor licensees, and attaches specific recordkeeping and electronic storage duties with quantifiable maximum penalties. The regulation is not a rights instrument; its principal function is to set the administrative inputs and documentary safeguards the regulator requires.
Penalties and enforcement
The regulation itself specifies maximum penalties (expressed as penalty units) for a limited set of breaches that relate primarily to recordkeeping and document retention. It references the chief executive as the recipient of notices and reports (sec.16) and requires reports to be in an approved form (sec.17), implying administrative enforcement through the Act’s machinery. The regulation does not set out a comprehensive enforcement scheme or civil regulatory sanctions beyond the penalty units expressly stated. The enforceable monetary/penalty components contained in the regulation are as follows:
Recordkeeping and document duties with maximum penalties:
Requirement to keep copies of each financial document the licensee described in the licence application (sec.21). Maximum penalty,20 penalty units.
Requirement to keep copies of each document used to prepare a report under section 31 of the Act (sec.22). Maximum penalty,20 penalty units.
English language production requirement for records or documents (sec.23(1)). Maximum penalty,10 penalty units.
Requirement to keep records and documents in a secure, orderly and accessible way (sec.23(2)). Maximum penalty,10 penalty units.
Minimum retention period for records and documents , at least seven years after the licensee stops being a licensee (sec.23(3)). Maximum penalty,20 penalty units.
Electronic storage obligations: computer system capacity and backup capability, monthly backups, and off‑site storage of backup media not at the principal place of business or registered address and free from magnetic interference (sec.24). Maximum penalty,10 penalty units.
Other enforcement signals and implied mechanisms:
The regulation requires applicants and licensees to disclose a wide range of matters that will be verifiable against external registers and other statutory schemes (secs.6-14). While the regulation does not itself prescribe specific enforcement consequences for false statements in the application, the disclosure duties enable enforcement under the Act or other statutes (for example, offences under the Work Health and Safety Act, Corporations Act, Migration Act) to be used as evidence of unfitness. The regulation also identifies convictions for serious criminal offences by certain persons as prescribed changes that must be notified (sec.16).
The requirement that reports be in an approved form (sec.17) and the publication and notification regime for forms on an official Queensland government website (sec.20) give the regulator administrative control over form, timing and receipt of statutory filings. Failures to use approved forms or to provide required reports could be enforced under the Act’s compliance and enforcement provisions; those Act provisions are not reproduced in the regulation text provided here.
Fees are prescribed in schedule 1 (sec.18). The regulation does not itself set fines for failure to pay fees; enforcement for fee non‑payment is likely within the Act, fee regulations or general debt recovery mechanisms, none of which are set out in the regulation text provided.
Practical enforcement implications:
The regulation targets recordkeeping inadequacies with explicit penalties and sets out data points that can be cross‑checked against external systems (WorkCover, migration, corporations and insolvency registers, courts and tribunals, professional bodies), increasing the regulator’s ability to spot mismatches between declared and real‑world facts.
Where the regulation requires disclosure of events that are themselves offences or carry sanctions under other laws (for example convictions or WHS undertakings), enforcement actions under those other laws will create record evidence for the licensing authority to rely on in administrative determinations. The regulation, by making these disclosures mandatory, creates pathways for enforcement under the Act’s licensing framework.
The penalty quantum is expressed in penalty units rather than fixed dollar amounts. The monetary value of a penalty unit is not specified in the regulation text provided; conversion into dollar sums requires reference to the Penalties and Sentences Act or similar, which is not reproduced here.
In short, the regulation directly enforces a subset of compliance duties with explicit penalty units mainly focused on document retention and IT backup/resilience. It also constructs an administrative information architecture that amplifies the regulator’s ability to detect non‑compliance via cross‑statute disclosures, but the Act will contain the primary enforcement and licence‑related consequences not repeated in the regulation itself.
How it interacts with other laws
The regulation is heavily interlinked with federal and state statutes. It delegates substantive determinations to outcomes or thresholds in other legislation and imports those laws as the reference points for applicant suitability and disclosure obligations. The interactions are both definitional and evidentiary.
Key cross‑statute references and mechanisms present in the regulation:
Fair Work Act 2009 (Cth). The regulation uses the Fair Work Act’s “high income threshold” as the numeric test in a non‑worker exclusion. Section 4 prescribes that an individual whose annual wages are equal to or more than the high income threshold under the Fair Work Act s.333, and who is not employed under a relevant industrial instrument, is not a “worker” for the Act’s purposes (sec.4). The regulation therefore imports a Commonwealth monetary threshold into the licence scheme.
Migration Act 1958 (Cth). The regulation requires disclosure of visa status for applicants and for workers supplied by licensees, whether an applicant or associate holds a visa and whether the applicant supplies workers holding visas, including counts and visa classes. It also requires disclosure of infringement notices or convictions under the Migration Act in the five years prior to application, and asks if the applicant is an approved employer under the Seasonal Worker Programme (sec.9). This makes the federal migration regime a key source of verifiable data the licensing authority will consider.
Work Health and Safety Act 2011 and Workers’ Compensation and Rehabilitation Act 2003. The regulation mandates disclosure of convictions under these Acts and of accepted WHS undertakings under the Work Health and Safety Act (sec.7). It also asks whether the applicant is currently insured under a WorkCover policy or is a self‑insurer and to provide policy numbers (sec.7). The regulation therefore uses WHS and workers’ compensation regimes as safety and compliance indicators.
Fair Work Act 2009 and corresponding state/territory laws. Section 11 requires disclosure of convictions against the Fair Work Act 2009 and laws of other jurisdictions that provide for substantially similar matters to those covered by the Work Health and Safety Act and the Workers’ Compensation and Rehabilitation Act. It also requires disclosure of enforceable undertakings accepted under the Fair Work Act s.715 and equivalents in other jurisdictions (sec.11). The regulation therefore ties in industrial relations compliance and any enforceable undertakings into the licensing assessment.
Corporations Act (Cth). For solvency and related entity checks, the regulation requires disclosure of deeds of company arrangement, winding‑up, and appointments of administrators, liquidators, receivers or receiver and managers under the Corporations Act for related bodies corporate (sec.10). It also defines “associate” and “related person” in ways that draw upon corporate officeholder concepts (sec.5).
A set of state statutes on safety and regulated industries. Section 12 requires disclosure of convictions under a listed group of Queensland Acts: Coal Mining Safety and Health Act 1999; Electrical Safety Act 2002; Explosives Act 1999; Fire Services Act 1990; Heavy Vehicle National Law (Queensland); Mining and Quarrying Safety and Health Act 1999; Radiation Safety Act 1999; Residential Services (Accreditation) Act 2002; Residential Tenancies and Rooming Accommodation Act 2008; Safety in Recreational Water Activities Act 2011; Transport Operations (Marine Safety) Act 1994; Transport Operations (Passenger Transport) Act 1994; and corresponding laws in other jurisdictions (sec.12). These cross‑references import safety and licensing regimes relevant to particular sectors into the licensing rubric.
Anti‑Discrimination Act 1991 (Qld) and Sex Discrimination Act 1984 (Cth). Section 13 requires disclosure of convictions under anti‑discrimination laws and of complaints alleging sexual harassment under such laws within the five years preceding an application. It defines “anti‑discrimination law” to include the Queensland Act, corresponding laws, and the Commonwealth Sex Discrimination Act (sec.13). This imports equal‑opportunity and harassment regimes into suitability checks.
Acts Interpretation Act 1954. Section 20(3) states that the requirement to notify availability of forms on a Queensland government website applies despite s.48(5) and (6) of the Acts Interpretation Act 1954. That means the regulation deliberately carves out a specific method of publication for forms and overrides certain presumptions that would otherwise apply about publication methods.
Consequences of these interactions:
The regulation relies on the existence, thresholds and outcomes of other regimes as objective indicators of an applicant or licensee’s fitness. Convictions, accepted undertakings, insolvency events, WHS history, migration offences, insurance status and professional disciplinary actions are all taken as relevant inputs.
Because many disclosures are verifiable against public registers (for example migration infringements, Corporations Act appointments, criminal convictions and WHS undertakings), the regulation enables cross‑checking and potentially automated verification by the licensing authority.
The regulation does not itself harmonise remedial or enforcement consequences across these laws. Rather it uses those other laws as source evidence to be considered under the Act. Any enforcement action arising from e.g. a WHS undertaking, a Corporations Act winding‑up, or an immigration conviction remains governed by the respective statute, but the outcomes under those statutes are required disclosures and may influence licensing outcomes under the Act.
Section 4’s use of the Fair Work Act high income threshold to exclude certain individuals from the “worker” definition is an example where a Commonwealth statutory definition directly shapes the reach of a Queensland regulatory regime. Applicants must therefore consult multiple legal instruments to determine the correct classification.
Overall, the regulation builds an assessment architecture that is fundamentally multi‑statute. Applicants and licensees must assemble documentary proof and disclosures drawn from federal and state laws, and the licensing authority will treat outcomes under those laws as indicators relevant to licensing decisions and monitoring.
Amendment history
The regulation records several amendments and contains commencement information. The key temporal markers contained within the text provided are:
Commencement. The regulation commenced on 16 April 2018 (sec.2). That is the operative start date for these provisions.
Amendment notes recorded in the text:
Section 20 bears the annotation “s.20 amd 2020 Act No. 15 s.218 sch.1”, indicating section 20 was amended by an Act passed in 2020 (Act No. 15) whose amendment appears at s.218, schedule 1 of that Act. The text of sec.20 as reproduced includes the amendment language (about notification of forms on a website containing ‘qld.gov.au’ and the override of Acts Interpretation Act s.48(5) and (6)).
Section 10 bears the annotation “s.10 amd 2023 Act No. 23 s.247 sch 1 s.2 (2)” indicating an amendment at or after 2023 (Act No. 23) affecting sec.10’s content or structure.
Section 12 bears the annotation “s.12 amd 2024 Act No. 22 s.92 sch 1” indicating an amendment in 2024 (Act No. 22) that altered sec.12.
Internal editorial traces. Several sections present repeated or duplicative text lines (typographical repetition of paragraphs and subsections). Those appear to be editorial duplications in the supplied copy and do not necessarily reflect separate operative paragraphs; they are reproductions of each subsection and its bullet points. The amendment annotations indicate that the regulation’s content has been updated since first enactment to add or refine disclosure categories (for example the expansion of the lists of offences in sec.12 and the publication requirements in sec.20).
Schedule references. The regulation references schedule 1 as the place where fees are prescribed (sec.18) and schedule 2 as the place where the dictionary of defined words is located (sec.3). Those schedules are part of the regulation but their content is not reproduced in the supplied extract. The fee schedule and the dictionary may have been altered across amendment rounds, but those specific changes are not reproduced here.
Relationship with the Act. The regulation repeatedly frames its provisions as “for section X of the Act the following is prescribed,” indicating its amendments are tied to how the licensing Act is to be applied. Any amendment to the Act that changes which matters may be prescribed could require consequential amendments to this regulation.
What the annotation trail implies for practitioners:
The regulation has evolved. Amendments in 2020, 2023 and 2024 are recorded; practitioners should consult the most recent consolidated version of the regulation and the associated schedules to ensure they have the current prescription for fees, definitions and disclosure lists.
Some changes affect sensitive reporting items. For example sec.12’s 2024 amendment suggests an expansion or update of the list of safety and licensing statutes whose convictions must be disclosed. Section 20’s 2020 amendment tightens or clarifies the online publication obligations for forms.
External legal events may necessitate changes. Because the regulation imports thresholds and outcomes from other laws (see “How it interacts with other laws”), amendments to the referenced statutes may have flow‑on practical effects on the operation of this regulation.
In sum, the regulatory instrument is actively maintained and has been subject to at least three amendment instances since commencement. The amendment annotations in the text provide the statutory breadcrumbs for tracking change, but practitioners must consult the consolidated regulation (including schedules) and the relevant amending Acts to confirm the state of play.
Litigation history
The regulation text provided contains no references to litigation, decisions, judicial interpretations or case law. It does not cite any legal cases, tribunals or adjudications in respect of the regulation’s provisions. Consequently:
There is no litigation history recorded in the instrument itself. The regulation is a subordinate legislative instrument that prescribes administrative and documentary requirements; the text does not include or summarise any litigation challenging its content or application.
The regulation’s enforcement and interpretive questions (for example what counts as a serious criminal offence for the purposes of sec.16, or how the “in‑house employee” test in sec.4(2) will be applied in close cases) are not resolved within the regulation’s text. Those questions would be addressed by the Act’s administrative decisions, and potentially by courts or tribunals in disputes about licensing refusal, suspension, cancellation or penalties. However, no such decisions are referenced in the regulation.
For practitioners seeking precedent or judicial guidance on interpreting the regulation, the regulation itself provides no internal authority. Any litigation history relevant to the regulation,judicial reviews of licensing decisions, statutory interpretation disputes about prescribed items, or enforcement prosecutions for the penalty unit breaches in secs.21-24,would need to be sought in external databases of Queensland administrative decisions, civil courts or tribunals. That research falls outside the regulation itself and is not present in the text supplied.
The absence of litigation history in the regulation does not mean there has been no court involvement in the themes it addresses. The regulation imports matters from other statutes where litigation may have occurred (for example Fair Work Act or Corporations Act disputes); those bodies of case law may be relevant to how particular terms are read. But the regulation’s text does not identify, summarise or incorporate any such cases.
Practical note for readers
Where the regulation contains concepts that are fact‑sensitive (for example the test for an “in‑house employee” in sec.4(2), or the factual assessment of whether accommodation use was a precondition of supply in sec.15), practitioners should look for administrative determinations, tribunal decisions or judicial review cases that interpret similar language under the Act or in other licensing regimes. The regulation itself is silent on litigation history.
Because the regulation mandates reporting and disclosure across multiple statutes, litigation or regulatory actions under those other statutes (Work Health and Safety Act, Migration Act, Corporations Act, Fair Work Act and various state safety laws) are likely to be the practical source of contested issues that could feed into licensing decisions. Again, those cases are external to this regulation text.
In conclusion, the regulation contains no internal litigation history; practitioners must search external case law and administrative decisions for judicial interpretations that bear on how these prescribed obligations are applied in contested settings.
Gotchas
The regulation contains multiple precise documentary and procedural requirements that create concrete compliance pitfalls for applicants and licensees. The following are practical “gotchas” drawn from the regulation text, each tied to the relevant section.
The high‑income exclusion depends on two conjunctive tests. Section 4 excludes an individual from being a “worker” if their annual wages equal or exceed the Fair Work Act s.333 high income threshold and the individual is not employed under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act. It is not enough to meet the income test; the individual must also not be employed under an industrial instrument. Misreading this as a simple income cutoff is a compliance risk (sec.4).
In‑house employee exclusion requires three factual elements. Section 4(2) sets a threefold test for in‑house employees supplied temporarily: regular and systematic engagement by the provider, reasonable expectation of continuing employment, and primary performance for the provider rather than as a supplied worker. Supply even on a single temporary occasion is contemplated, but reliance on this exclusion requires meeting all three limbs. The regulation gives examples, but borderline facts (frequency of supply, expectations about continuity) can be contested (sec.4).
Broad definitions of associate and related person enlarge disclosure obligations. The definitions in sec.5 can sweep in nominated officers, executive officers and other corporations linked by executive officer relationships, which means an applicant’s corporate network and past officeholders must be checked for reportable events (sec.5). Failing to investigate these relationships can lead to missing required disclosures.
Financial viability requires multiple document types, including independent accountant’s reports. Section 6 does not merely ask for a general statement; it lists discrete documents: profit and loss, balance sheet, independent accountant’s report, financial plan, cash flow statement, bank statements, evidence of withheld amounts paid to the ATO and proof of superannuation payments. Applicants that provide only partial or summary financial information risk having their application assessed as incomplete (sec.6).
Five‑year lookback windows are pervasive. Sections 7, 8, 9, 11, 12 and 13 require disclosure of convictions, undertakings, licence refusals, suspensions and disciplinary actions occurring within the five years before the application. Practitioners must verify records and histories across multiple registers for that specific window to avoid omission (secs.7-9, 11-13).
Migration disclosures include counts and visa classes. Section 9 requires not just that visa holders are disclosed but that the applicant state how many workers are supplied or intended to be supplied and the visa classes. Numbers and visa class accuracy are required and will be scrutinised (sec.9).
Solvency inquiries reach related bodies corporate and close associates. Section 10 requires disclosure that a related body corporate has executed a deed of company arrangement, is subject to winding‑up, or has insolvency officeholders appointed under the Corporations Act. For individual applicants, disclosures extend to insolvency under administration of close associates with a broad definition (sec.10).
The list of reportable safety and licensing offences is long and sector‑specific. Section 12 requires disclosure of convictions under a roster of Acts (mining, electrical safety, explosives, fire services, heavy vehicles, radiation safety, residential tenancies, marine safety and passenger transport among others) and corresponding laws in other jurisdictions. Applicants operating across sectors must map their activities to that list (sec.12).
Discrimination and sexual harassment history must be disclosed. Section 13 requires disclosure of convictions under anti‑discrimination laws and whether an applicant or associate was the subject of a complaint alleging sexual harassment under such laws in the previous five years. That extends the disclosure duty to complaints as well as convictions (sec.13).
Recordkeeping language and retention requirements are strict and carry penalties. Records must be kept in English, in a secure, orderly and accessible way, and for at least seven years after ceasing to be a licensee (sec.23). These are enforced with maximum penalties (10 or 20 penalty units) and are not merely best practice recommendations.
Electronic backups must be monthly and off‑site. Section 24 mandates monthly backups and off‑site storage of backup media in a location distinct from the principal place of business or registered address, and free from magnetic interference. Failure to have such a backup schedule and off‑site location attracts a maximum penalty of 10 penalty units (sec.24).
Publication and reliance on an approved form is mandatory. Reports must be in an approved form (sec.17) and forms will be published on a specific type of website (qld.gov.au) (sec.20). Using an incorrect form or an out‑of‑date version that has been superseded and published on the designated site risks non‑compliance.
Notification obligations attach to convictions of nominated officers and executive officers. Section 16 requires notification to the chief executive if the licensee, a nominated officer or an executive officer is convicted of a serious criminal offence. The regulation does not itself specify timeframes for notification (the Act likely does), so practitioners must check the Act for timing and process but cannot assume leniency or delay is permitted (sec.16).
Fees sit in schedule 1, not in the main body. The regulation prescribes in sec.18 that fees are in schedule 1. Practitioners cannot rely on the main text for fee information; failure to consult the schedule could lead to missed payments or incorrect fee calculations.
The regulation repeatedly uses the Act as its frame. Many duties are framed as “for section X of the Act the following is prescribed.” That means obligations must be read in conjunction with the Act; missing the cross‑reference may lead to misapplying either instrument.
To avoid these traps, practitioners should map each application or reporting requirement to the corresponding regulation section, verify five‑year histories across multiple public registers, ensure financial documentation meets the listed categories, implement monthly backup regimes with off‑site storage, and confirm form versions on the authorised government website. Failure to do so risks administrative rejection, penalty units for recordkeeping breaches and adverse licensing outcomes grounded in non‑disclosure.
How to comply
This section sets out a practical compliance checklist and recommended organisational actions tied directly to the regulation’s prescriptions. All references are to sections of the Labour Hire Licensing Regulation 2018 as reproduced above.
Pre‑application and application stage (Pt.2, secs.5-14)
Map the applicant and its network. Identify proposed nominated officers, executive officers and related corporations using the definitions in sec.5. Compile a list of associates and related persons for disclosure.
Gather financial viability documents (sec.6). Prepare and store the following, at a minimum:
profit and loss statement;
balance sheet;
independent accountant’s report (where available or required);
financial plan;
statement of actual or projected cash flow;
recent bank statements;
documents showing amounts withheld from employee payments and paid to the ATO (PAYG withholding);
evidence of employee superannuation payments.
Retain all the above as copies in accordance with the recordkeeping obligations (sec.21, sec.23).
Compile WHS and workers’ compensation evidence (sec.7). Verify whether the applicant or any related person has, in the previous five years, been convicted under the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 or had a WHS undertaking accepted. Confirm current WorkCover policy status or self‑insurer licence and document the policy number(s).
Collect information about other licences and disciplinary histories (sec.8). For each associate who has held licences or accreditations in any jurisdiction, identify whether within the five previous years any applications were refused, conditions imposed, suspensions, cancellations or other disciplinary actions occurred.
Collate migration matters (sec.9). Determine whether the applicant or associates hold visas; whether the applicant supplies visa‑holding workers; if so, produce counts and visa classes; and document any infringement notices or convictions under the Migration Act in the five‑year window. If the applicant is an approved employer under the Seasonal Worker Programme, document that status.
Check solvency of related entities (sec.10). Search for deeds of company arrangement, winding‑up notices, or appointments of administrators, liquidators or receivers for related bodies corporate. For individual applicants, check close associates for insolvency under administration.
Record workplace and safety convictions and undertakings (sec.11). Check for convictions under the Fair Work Act and corresponding laws and for enforceable undertakings under the Fair Work Act s.715 or equivalents in other jurisdictions.
Identify relevant criminal, safety and sectoral offences (sec.12). Search criminal and industry statutes listed in sec.12 for any convictions of the applicant, associates or related persons within the five‑year window.
Check discrimination and sexual harassment records (sec.13). Determine whether there are convictions under anti‑discrimination laws or complaints alleging sexual harassment in the previous five years.
Miscellaneous items (sec.14). Record applicant’s date of birth, whether any industry body refused membership or took disciplinary action, long service leave liabilities under specified Acts, whether the applicant charges workers fees for services, and the regions and industries in which the applicant operates.
Application submission and format (secs.17, 20)
11. Use approved forms. Obtain the latest approved application form and reporting forms from the Queensland government website containing ‘qld.gov.au’ as prescribed (sec.20). Submit reports and applications only in the approved form (sec.17).
Ensure publication and version control. Implement a practice of checking the specified qld.gov.au web location before lodging forms to ensure you use the current form version as required by sec.20.
Recordkeeping and IT resilience (secs.21-24)
13. Keep copies of supporting documents. Retain copies of every financial document referenced in the application (sec.21) and each document used to prepare statutory reports (sec.22).
Ensure English language production and retention. Keep records in English or ensure they can be produced in English (sec.23(1)). Maintain records securely, orderly and in an accessible manner (sec.23(2)). Retain records for at least seven years after you cease to be a licensee (sec.23(3)).
Implement electronic backup practices. If documents are stored electronically, ensure the system has sufficient capacity and backup capability, back up at least monthly, and retain at least one backup copy in an off‑site location distinct from the principal place of business or the registered address and protected from magnetic interference (sec.24). Document your backup procedures and schedule to show compliance.
Reporting and notifications (secs.15-16)
16. Prepare reporting processes. Build systems to capture the reporting items specified in sec.15 for each reporting period: worker fees or bonds, piecework arrangements, entitlements accrued, visa classes and numbers, accommodation counts and precondition status, and fees for other services (meals, transport, job‑finding).
Monitor prescribed changes and notify the chief executive. Establish triggers to detect the “prescribed changes” in sec.16 (register detail changes, changes to specified matters for licensee or nominated officers/executive officers, starting to provide accommodation, supplying visa‑holding workers, convictions of serious criminal offences). Draft internal procedures to escalate and notify the chief executive per the Act’s notification processes (note the Act sets the mechanism and timing; the regulation lists what counts as a prescribed change) (sec.16).
Fees and register entries (secs.18-19)
18. Consult schedule 1 for fees. Before lodging an application or renewal, check schedule 1 to determine correct fee amounts (sec.18). Failures to pay or underpayment risk administrative consequences under the Act and associated regulations.
Ensure other business names are registered. If the business operates under a name other than the business name shown in the register, confirm that the other name is recorded in the register as prescribed (sec.19).
Governance, internal controls and audit trail
20. Implement a compliance checklist and internal audit. Create a pre‑lodgement checklist that maps each application/report question to a supporting document and a record of verification. Conduct regular internal audits of recordkeeping, backup and retention practices to show compliance with secs.21-24.
Train nominated officers and executive officers. Ensure nominated officers and executive officers understand notification obligations (sec.16) and the risk that convictions or regulatory sanctions will trigger reporting and possibly affect the licence.
Integrate cross‑statute checks into onboarding and procurement. Where labour hire workers may be visa holders, or the business serves sectors regulated by the Acts listed in sec.12, integrate migration checks and sectoral licensing checks into worker onboarding and client acceptance procedures.
Practical actions for remedial situations
23. If adverse events occur, document and disclose promptly. If a reportable conviction, WHS undertaking, insolvency event or professional disciplinary action occurs, ensure you have the documents, record the date and circumstances and follow the Act’s notification procedure using the approved forms published on the qld.gov.au site (secs.16, 17, 20).
Preserve contemporaneous evidence. If you anticipate potential disputes about whether accommodation was a precondition to supply, or whether a person was an in‑house employee (sec.4 and sec.15), keep contemporaneous contractual records, offer letters, secondment memoranda and client communications that show the factual basis for the classification.
Seek targeted advice where facts are borderline. When classifications turn on multi‑factor tests (for example the in‑house employee test in sec.4(2) or whether a worker is in a particular visa class that affects reporting), obtain specialist legal or immigration advice and document that advice for regulatory review.
In summary, compliance under the regulation is documentary and process driven. Successful applicants and compliant licensees will have robust financial documentation, cross‑statute checks in place (migration, WHS, Corporations Act, Fair Work), an up‑to‑date suite of approved forms sourced from the prescribed website, secure English language records retained for seven years post‑licence, and monthly electronic backup routines with off‑site storage. Those systems, combined with clear internal escalation and notification procedures for prescribed changes, will align operational practice with the specific prescriptions of the regulation.
(a) an individual employed by a provider— (i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and (ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
(i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and
(ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
(b) for a provider who is a corporation—an individual who is an executive officer of the corporation and the only individual the provider supplies, in the course of carrying on a business, to another person to do work;
(c) an in-house employee of a provider whom the provider supplies to another person to do work on a temporary basis on 1 or more occasions; Examples of the supply of an individual to do work on a temporary basis— • a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client • a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business • a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
• a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client
• a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business
• a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
(d) an individual who a provider supplies to another person to do work if the provider and the other person are each part of an entity or group of entities that carry on business collectively as 1 recognisable business. Examples— 1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business. 2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
(i) whose annual wages are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and
(ii) other than under an industrial instrument under the Industrial Relations Act 2016 or a modern award or enterprise agreement under the Fair Work Act 2009 (Cwlth) ;
• a lawyer employed by a law firm is seconded for a period of time to a client of the law firm to do work for the client
• a consultant employed by a consultancy business is supplied to a business to conduct a review for the other business
• a person employed by a community care organisation on an ongoing basis and who usually works for the organisation in a variety of locations, including in another person’s home
1 A landscaping business is comprised of a number of companies that are responsible for different aspects of the business. The business’s workers are all employed by 1 of the companies and are supplied to work for 1 or more of the other companies within the business.
2 A business that operates a group of medical centres employs workers for the centres through a trust entity. The workers, including doctors, nurses and reception staff, are supplied to the medical centres to perform work.
(a) is engaged as an employee by the provider on a regular and systematic basis; and
(b) has a reasonable expectation the employment with the provider will continue; and
(c) primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
pt.2 Applications for licences
Applications for licences
pt.2-div.1 Preliminary
Preliminary
sec.5 Definitions for part
sec.5 Definitions for part
In this part—
associate , of an applicant, means—
if a proposed nominated officer for the application is a person other than the applicant—the proposed nominated officer; or
if the applicant is a corporation—the corporation and each person who is an executive officer of the corporation.
related person , in relation to an applicant, means—
if the applicant is an individual—a corporation of which the applicant is or has been an executive officer; or
if the applicant is a corporation—
each person who is an executive officer of the corporation; and
each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
WHS undertaking means an undertaking given under the Work Health and Safety Act 2011 , section 216 (1) .
(a) if a proposed nominated officer for the application is a person other than the applicant—the proposed nominated officer; or
(b) if the applicant is a corporation—the corporation and each person who is an executive officer of the corporation.
(a) if the applicant is an individual—a corporation of which the applicant is or has been an executive officer; or
(b) if the applicant is a corporation— (i) each person who is an executive officer of the corporation; and (ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
(i) each person who is an executive officer of the corporation; and
(ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
(i) each person who is an executive officer of the corporation; and
(ii) each other corporation of which a person mentioned in subparagraph (i) is or has been an executive officer.
pt.2-div.2 Financial viability
Financial viability
sec.6 Information about financial viability of business— Act , s 13
sec.6 Information about financial viability of business— Act , s 13
For section 13 (3) (c) (ii) of the Act , the prescribed information is a description of the financial documents held by the applicant relating to the business’s ability to—
meet its actual, or projected, operating costs and expenses; and
pay each worker supplied by the business as and when the worker is due to be paid; and
pay other financial obligations or entitlements in relation to workers, including, for example, the payment of payroll tax and superannuation for workers.
a profit and loss statement
a balance sheet
an independent accountant’s report
a financial plan
a statement of actual, or projected, cash flow
a bank statement
a document showing amounts withheld from payments made to employees and paid to the Australian Taxation Office
a document showing payment of employee superannuation
(a) meet its actual, or projected, operating costs and expenses; and
(b) pay each worker supplied by the business as and when the worker is due to be paid; and
(c) pay other financial obligations or entitlements in relation to workers, including, for example, the payment of payroll tax and superannuation for workers.
• a profit and loss statement
• a balance sheet
• an independent accountant’s report
• a financial plan
• a statement of actual, or projected, cash flow
• a bank statement
• a document showing amounts withheld from payments made to employees and paid to the Australian Taxation Office
• a document showing payment of employee superannuation
pt.2-div.3 Work health and safety and workers compensation obligations
Work health and safety and workers compensation obligations
sec.7 Information about work health and safety and workers compensation obligations— Act , s 13
sec.7 Information about work health and safety and workers compensation obligations— Act , s 13
For section 13 (3) (c) (iii) of the Act , the following information is prescribed—
whether, within 5 years before the application is made, the applicant or a related person has—
been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
whether the applicant—
is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or
is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
if the applicant is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 —the policy number for the policy of insurance.
(a) whether, within 5 years before the application is made, the applicant or a related person has— (i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or (ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
(i) been convicted of an offence against the Work Health and Safety Act 2011 or the Workers’ Compensation and Rehabilitation Act 2003 ; or
(ii) had a WHS undertaking accepted under the Work Health and Safety Act 2011 ;
(b) whether the applicant— (i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or (ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
(i) is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 ; or
(ii) is currently licensed as a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 2 , part 4 ;
(c) if the applicant is currently insured under a WorkCover policy under the Workers’ Compensation and Rehabilitation Act 2003 —the policy number for the policy of insurance.
(i) been convicted of an offence against the Work He
This is an opening excerpt, not the complete document.