Labour Hire Licensing Regulation 2021

The regulation operationalises a small number of discrete concepts from the Act by fixing required factual material, documentary evidence and register content. The key concepts are applicant disclosures, suitability screening, documentary proofs of statutory compliance, the register, and limited exceptions or delegated assessment powers for the commissioner.

• Applicant disclosures. Section 5 prescribes the precise factual matrix an applicant must give. That matrix includes natural‑person identifiers (date of birth for individuals), corporate and business identifiers (ABN, ACN, registered business name, trading name), contact details, the industries in which labour hire services will be provided (s 5(1)(a)-(j)), and the industrial instruments to be applied for workers in each declared industry (s 5(1)(h)-(i)). It also requires disclosure of relationships relevant to governance and control: for corporations, the names and contact details of each “influential person” (s 5(1)(k)); for non‑corporates, the names and contact details of each “close associate” of the applicant’s business (s 5(1)(l)). The regulation defines close associate in s 5(3) by reference to positions that take part in management or can exercise significant influence (including by holding a financial interest or relevant power).

• Suitability screening. Section 6 maps out a catalogue of events and findings within the preceding five years which applicants must state. The list is broad and cross‑references administrative, regulatory, civil and criminal processes across labour hire laws, workplace law and standards, WHS law and antidiscrimination laws (s 6(1)(a)-(k)). It also explicitly captures enforceable undertakings and civil WHS proceedings (s 6(1)(g)), Fair Work Act enforceable undertakings relating to employee payments (s 6(1)(h)), and migration‑related action where the applicant or a corporation’s influential person has been the subject of action in relation to being a visa holder or supplying visa holders (s 6(1)(j)-(k)).

• Documentary proofs. Section 5(2) requires documentary attachments where relevant: certificate of currency for compulsory workers compensation, self‑insurer licence, and registration certificate for portable long service leave schemes. Section 6(2) requires information about financial capacity to meet workplace obligations, which entails documentary or evidentiary proof to support an applicant’s claim about its capacity to pay wages, allowances and superannuation contributions.

• Register content. Section 8 narrows the register fields to be kept under the Act. Those fields extend beyond the licensee’s business contact details to include governance controls and related persons: influential persons for corporations and close associates for businesses that have them (s 8(1)(a)-(c)). The register also records the industry or main industry of the licensee (s 8(1)(d)).

• Exceptions and commissioner discretion. The regulation creates an automatic equivalence: a licence held under another labour hire law will normally suffice to avoid repeating suitability information, provided the applicant gives evidence that the other licence is not subject to regulatory action (s 6(3)). The commissioner has discretion to dispense with suitability and financial information where the applicant is a registered group training organisation or otherwise demonstrates suitability (s 6(4)). Note 1 to s 6 records the statutory consequence under the Act that an applicant is taken to be suitable if they hold another labour hire licence not subject to regulatory action; Note 2 records the commissioner’s power to require more information (s 25 of the Act).

• Definitions and cross‑references. The regulation’s dictionary states that terms used have the same meaning as in the Labour Hire Licensing Act 2020 and draws in definitions from other Acts where relevant (Dictionary; s 5(3) cross‑refs to “financial interest” and “relevant power”; references to the National Vocational Education and Training Regulator Act 2011 for “registered training organisation”).

These concepts structure the flow of information from applicant to regulator, the composition of the public or administrative register, and the commissioner’s initial suitability assessment. The regulation therefore functions primarily as a prescription of information flows and documentary standards rather than as a source of new enforcement powers or new substantive offences.

The regulation affects a defined set of actors that intersect with the labour hire ecosystem. Those actors are applicants for labour hire licences, existing licensees, corporations that hold licences, individual applicants, influential persons and close associates, visa‑holder workers and the commissioner.

• Applicants for labour hire licences. Every person applying for a labour hire licence in the ACT must give the information and documentary attachments mandated by s 5 and s 6 unless an exception applies (s 6(3)-(4)). The application form is therefore shaped to collect business identifiers, industrial instruments, documentation evidencing workers compensation and portable long service leave registration (s 5(2)), and suitability histories from the previous five years (s 6(1)).

• Existing licensees. The regulation imposes an ongoing notification duty on licensees: any change to information supplied in the application or other relevant suitability information must be notified to the commissioner in writing within seven days after becoming aware of the change; this is a condition of the licence (s 7). Licensees whose business has close associates must have those close associates listed on the register (s 8(1)(c)).

• Corporations and influential persons. Corporations must disclose the name and contact details of each influential person (s 5(1)(k)), and the register must include the name and contact details of influential persons for corporate licensees (s 8(1)(b)). The Act’s definition of influential person is incorporated by reference in the Dictionary (Dictionary; see Act, s 28(5) as noted in the Dictionary). The regulation also requires applicants to disclose migration actions taken against an influential person where the corporation is implicated (s 6(1)(k)).

• Individuals and close associates. If the applicant is an individual, the applicant’s date of birth is required (s 5(1)(b)). Non‑corporate applicants must list close associates (s 5(1)(l)) and close associates are defined functionally as persons involved in management or able to exercise significant influence (s 5(3)). The register must include names and contact details of close associates (s 8(1)(c)).

• Visa‑holder workers and migration‑related enforcement. Applicants must state the number of workers who are visa holders that they intend to supply (s 5(1)(m)). Suitability disclosure obligations capture migration‑related action taken against applicants or influential persons in relation to visa status or supply of visa holders (s 6(1)(j)-(k)).

• Registered group training organisations. The regulation treats registered group training organisations differently: the commissioner may decide that suitability or financial information is not required for such organisations (s 6(4)(a)), reflecting a limited regulatory concession built into the assessment regime.

• The commissioner. The commissioner is the decision‑maker for licence applications and exercises discretion under s 6(4) to waive suitability information, and under the Act may require more information (note to s 6 referencing Act, s 25). The commissioner is also the recipient of licence notifications under s 7 and the maintainer of the labour hire licence register as to content (s 8).

Taken together, those groups will bear administrative burdens: applicants must assemble statutory documentation and historical regulatory information; corporations must identify and supply contact details for influential persons; and licensees must operate systems to detect and notify relevant changes within a seven‑day window. The regulation’s cross‑referencing to other Acts and the register content also implicate entities and persons beyond the immediate licensee, for example training institutions when the Training and Tertiary Education Act 2003 is engaged (s 9).

The regulation imposes specific duties on applicants and licensees and recognises limited rights or exemptions. Duties are primarily information and documentary obligations; rights are limited regulatory equivalence and commissioner discretion.

Key duties

• Application content and documentary attachments. Applicants must include the full set of items in s 5(1)(a)-(m) and attachments in s 5(2) where applicable: name and contact details; date of birth for individuals; registered business name or trading name where used; business contact details when different from the applicant’s; ABN and ACN where held; each industry intended for labour hire services and the industrial instruments for workers in each industry; the main industry if more than one; names and contact details of influential persons (for corporations) or close associates (for non‑corporations); and the number of visa‑holder workers intended to be supplied (s 5(1)). Documentary attachments must include workers compensation certificate of currency, self‑insurer licence where applicable, and long service leave registration certificate where required (s 5(2)).

• Suitability disclosure. Applicants must state whether, in the previous five years, certain adverse events occurred to the applicant, including refused or cancelled labour hire licences, regulatory action, court or tribunal proceedings, convictions for indictable or workplace law offences, anti‑discrimination complaints or convictions, WHS undertakings or civil proceedings, enforcement under the Fair Work Act, and migration actions relating to visa holders (s 6(1)(a)-(k)).

• Financial capacity information. Applicants must include information about their financial capacity to meet obligations under workplace laws and standards, including the capacity to pay wages, allowances and superannuation (s 6(2)). That duty requires applicants to demonstrate financial resilience to meet worker entitlements.

• Ongoing notification duty. It is a condition of a licence that the licensee must give the commissioner written notice of any change to information supplied in the licence application or other suitability‑relevant information within seven days after becoming aware of the change (s 7). This is an ongoing compliance duty tied to the licence.

• Register obligations. The labour hire licence register must include the matters specified in s 8(1): business contact details, influential persons’ names and contact details for corporate licensees, close associates’ names and contact details where applicable, and the industry or main industry in which the licensee provides labour hire services.

Key rights, exemptions and procedural points

• Reciprocal recognition for other labour hire licences. If the applicant holds a licence under another labour hire law and gives evidence that the other licence is not subject to regulatory action, the applicant need not state the suitability matters or include the financial capacity material (s 6(3)). Note 1 to s 6 explicitly records that the applicant is taken to be a suitable person in that situation (referencing the Act, s 28(3)(b)).

• Commissioner discretion and relief. The commissioner may determine that an applicant does not need to provide the matters listed in s 6(1) or s 6(2) if the commissioner is satisfied the applicant is a registered group training organisation or can otherwise demonstrate suitability (s 6(4)(a)-(b)). This is a case‑by‑case discretionary relief mechanism.

• Power to require additional information. The regulation expressly notes that the commissioner may, by written notice, require additional information reasonably needed to decide the application (note to s 6 referencing Act, s 25). That is a procedural power that extends the default information set.

• Definitions and cross‑referencing. The Dictionary clarifies that terms not defined in the regulation take their meanings from the Labour Hire Licensing Act 2020 and other relevant Acts; for example, “influential person” is defined in the Act (Dictionary). This means applicants can rely on definitions in the Act; it also makes clear the regulation does not operate independently of the Act’s concepts.

Consequences linked to duties

• The regulation makes the 7‑day notification an express licence condition (s 7). While the regulation does not itself list enforcement mechanisms, the republication header notes penalty unit values for offences against the law at the republication date; the Act contains the substantive enforcement regime referenced by the regulation (republication header; see Labour Hire Licensing Act 2020 for enforcement provisions). The regulation therefore attaches informational obligations to licensing status with potential enforcement consequences under the Act.

These duties and rights structure the front‑door screening for licence applicants and create a continuing compliance stream for licensees. The reciprocal recognition and commissioner discretion mechanisms limit duplication for some applicants, while the notification duty creates a short‑notice ongoing compliance obligation.

The regulation itself does not create new criminal offences but operates within the enforcement architecture of the Labour Hire Licensing Act 2020 and the general penalty unit framework referenced in the republication. The republished regulation provides the factual predicates for administrative and licence‑condition enforcement under the Act.

• Penalty unit values. The republication notes the penalty unit value at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133), and states these values apply to offences against this law at the republication date (republication header). The regulation does not tabulate specific penalties; those are contained in the parent Act and other enforcement provisions referenced by the Act. The reader must consult the Labour Hire Licensing Act 2020 for the particular offence provisions and penalties that the regulation helps to operationalise.

• Licence condition enforcement. The regulation makes the duty to notify changes within seven days an express condition of every labour hire licence (s 7). A failure to comply with a licence condition is enforcement‑relevant under most licensing regimes; in this framework enforcement follows the Act’s general powers. The regulation also prescribes register content (s 8), and any non‑compliance with obligations that result in false or incomplete register entries will be subject to the Act’s enforcement mechanisms.

• Information and documentary obligations. Sections 5 and 6 impose documentary and disclosure duties on applicants. The commissioner has explicit power to require additional information reasonably needed to decide the application (note to s 6 referring to Act, s 25). Failure to supply required documentation or to respond to a notice for further information may be grounds for refusal or a regulatory response under the Act. The regulation itself does not set out the procedural steps following non‑compliance; it embeds the information obligations that feed into the Act’s decision framework.

• Cross‑border regulatory recognition and risk. The regulation allows an applicant who holds a licence under “another labour hire law” to avoid restating suitability matters if they give evidence the other licence is not subject to regulatory action (s 6(3)). If such evidence proves insufficient or false, the commissioner’s assessment under the Act could lead to regulatory action. The regulation does not prescribe verification methods; enforcement therefore depends on the commissioner’s powers in the Act.

• Interaction with other laws and enforcement consequences. The suitability disclosures encompass findings and actions under workplace laws and standards, WHS law, the Fair Work Act and migration law (s 6(1)(d)-(k)). Adverse findings under those laws are matters the commissioner must know about; they may form the basis of refusal of a licence or subsequent regulatory action under the Act. The regulation therefore functions as a channel feeding cross‑jurisdictional enforcement information into the labour hire licensing regime.

Operationally, the regulation increases transparency for the commissioner and the register (s 8) while making certain documentary proofs mandatory at application (s 5(2)). The enforcement effect therefore depends on the Act’s decision and sanctioning powers; the regulation defines what facts trigger the Act’s scrutiny and what material must be produced. For concrete penalty amounts and specific enforcement processes, the Act should be consulted alongside the penalty unit values recorded in the republication header.

The regulation is a web of cross‑references to both the Labour Hire Licensing Act 2020 and multiple Commonwealth and Territory statutes. It uses those external laws as sources of definitional content, evidentiary triggers and benchmarks for suitability.

Direct cross‑references and incorporation

• Labour Hire Licensing Act 2020. The regulation is made under that Act and repeatedly references it, in particular the Act’s licence application provisions (Act, s 24), suitability assessment provisions (Act, s 28), licence conditions (Act, s 29), the register (Act, s 31) and the commissioner’s information powers (Act, s 25) as noted in the regulation (s 5 intro, s 6 intro and notes). The Dictionary explicitly states that terms used in the regulation have the same meaning as they do in the Act (Dictionary).

• Work Health and Safety Act 2011 and corresponding WHS laws. The regulation requires disclosure of WHS undertakings accepted by the regulator under the WHS Act, corresponding undertakings, civil WHS proceedings, and infringement notices for WHS offences (s 6(1)(g)). The term “corresponding WHS law” is referenced to the Work Health and Safety Act 2011 dictionary (s 6(5)).

• Fair Work Act 2009 (Cth). Section 6(1)(h)-(i) brings enforceable undertakings under the Fair Work Act and findings of contravention of the Fair Work Act into the suite of suitability considerations. The regulation therefore aligns labour hire screening with employment‑law compliance under the Fair Work regime.

• Migration Act 1958 (Cth). The regulation requires disclosure of action taken under the Migration Act in relation to applicants who are visa holders, the supply of visa‑holder workers, or actions against influential persons for corporations (s 6(1)(j)-(k)). That embeds immigration compliance and enforcement actions in the labour hire vetting process.

• Superannuation and training laws. The regulation prescribes the Superannuation Guarantee (Administration) Act 1992 (Cth), Superannuation Guarantee Charge Act 1992 (Cth), and the Training and Tertiary Education Act 2003 as workplace laws or standards for the purposes of the Act’s definition (s 9). Compliance with superannuation obligations and relevant training/tertiary education obligations are therefore within the regulatory lens when assessing suitability.

• Long Service Leave (Portable Schemes) Act 2009 (ACT). Section 5(2)(c) requires applicants registered as employers for a covered industry under that Act to attach a certificate of registration. This cross‑reference flags portable long service leave compliance as a condition precedent for licensing in certain industries.

• National Vocational Education and Training Regulator Act 2011 (Cth). The regulation adopts the statutory definition of “registered training organisation” from that Act when defining “registered group training organisation” for the purpose of the exclusion in s 6(4)(a).

Functional interactions and consequences

• Evidence flow from external regulators to the commissioner. The regulation imports the outcomes and regulatory actions of other regimes (WHS, Fair Work, migration, superannuation, long service leave) into the suitability assessment for labour hire licences (s 6(1)). That means findings or actions by other regulators (including enforceable undertakings, infringement notices, civil proceedings and convictions) will be material to the labour hire commissioner’s decision making.

• Reciprocal recognition and verification risk. Section 6(3) allows an applicant to rely on a licence under another labour hire law instead of repeating suitability information, provided the applicant gives evidence that the other licence is not subject to regulatory action. The form of evidence and the commissioner’s verification powers derive from the Act and general administrative powers; the regulation does not specify verification methods. This creates a practical need for mechanisms to verify interstate or other regulatory status.

• Definitions and harmonisation. The regulation’s dictionary instructs readers to use the Act’s definitions and pulls definitions from other Acts where relevant (Dictionary). That harmonisation reduces definitional divergence but requires applicants and assessors to consult multiple statutes to ascertain exact meanings (for example, “influential person” as defined in the Act).

• Procedural linkages. The regulation’s note that the commissioner may require more information (note to s 6) explicitly links the application process to the Act’s procedural powers (Act, s 25). While the regulation sets the core information set, the commissioner can use Act powers to extend the inquiry.

In short, the regulation operates as an integrating instrument: it channels outputs from other regulatory regimes into the labour hire licensing process, prescribes documentary evidence of compliance with certain statutory schemes, and ties the licensing register into the information architecture created by those other laws. That creates both administrative synergies , where other regulators’ findings can be relied upon , and verification challenges for cross‑jurisdictional licences and documentary proofs.

The republished Labour Hire Licensing Regulation 2021 includes a concise amendment and commencement record in the endnotes. The regulation, as republished, had no substantive amendments recorded at the republication date. The republication material in the document provides the following chronological and editorial facts.

• Notification and commencement. The regulation was made as SL2021‑9 and was notified on the ACT legislation register (LR) on 19 May 2021 (Endnotes, Legislation history). Sections 1 and 2 of the regulation commenced on 19 May 2021 under the Legislation Act 2001, s 75(1). The remainder of the regulation commenced on 27 May 2021 (Endnotes, Legislation history), reflecting staged commencement tied to the parent Act’s provisions (see Labour Hire Licensing Act 2020 A2020‑21, s 2(2) referenced in the endnotes).

• Editorial amendments and Legislation Act powers. The republication contains general material noting that the Parliamentary Counsel may make editorial amendments under the Legislation Act 2001, part 11.3, to align the text with current drafting practice, and that such editorial changes do not change the effect of the law (republication header “About this republication” and Endnotes 1). The republished law states that this particular republication does not include amendments made under part 11.3 (republication header).

• Amendment annotation. Endnote 4 under “Amendment history” records a single item: “s 2 om LA s 89 (4)”. This indicates that section 2 of the regulation was omitted or otherwise affected in line with the Legislation Act provision referenced. The endnote shows that there was a drafting or commencement detail adjusted but does not indicate substantive policy change in the operative provisions (Endnotes 3-4).

• Penalty unit reference. The republication header records the penalty unit values applying to offences against the law at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133). This is an important numeric component of the regulatory framework as of the republication date, although the regulation itself does not create the offences or list their individual penalty levels.

• No subsequent amendments recorded in the text. The document’s top matter states “Regulation not amended,” indicating that as of the republication date (27 May 2021) no subsequent amendments were incorporated. The endnotes include the legislation history and amendment history which, beyond the commencement and the section 2 omission notation, do not list further amendments.

What this means practically for a practitioner or compliance officer is that the obligations and definitions in the regulation were settled and commenced by late May 2021 and that any changes to the content will be recorded in later reprints or amending instruments. For precise legislative history and any later changes, the endnotes direct the reader to the ACT legislation register for subsequent amendments and uncommenced provisions. The republished law therefore provides a stable snapshot of the regulation at the time of commencement, including the operative sections (s 3-9 and the Dictionary) and the cross‑references to other statutes.

The republished regulation itself contains no case law citations and does not record litigation concerning its provisions. The text does not list any judicial or tribunal decisions that interpret its clauses. The endnotes do not report litigation either. Consequently, as of the republication date (27 May 2021), there is no litigation history contained in this document.

Implications of an absence of recorded litigation

• No reported judicial interpretation. Because the regulation is purely a prescriptive instrument about application content, register entries and documentary proofs, and because no litigation history is recorded in the republication, there is no reported judicial guidance in this document to clarify contested points such as the scope of “influential person” (defined in the Act), the limits of the commissioner’s discretion under s 6(4), or the practical meaning of “financial capacity” in s 6(2) for particular business models. Those issues remain for administrative decision‑making and potentially for future litigation.

• Areas likely to generate dispute (procedural observation only). The regulation creates some points at which disputes could arise in practice: whether an applicant’s disclosure satisfies the s 6(3) exception where it holds a licence under another labour hire law, the sufficiency of evidence that “the licence is not the subject of any regulatory action” (s 6(3)), the standard for demonstrating financial capacity under s 6(2), the interpretation of “close associate” facts in s 5(3), and the consequences of failing to notify the commissioner within seven days under s 7. The regulation itself does not resolve those interpretative tensions; resolution would occur under the Act or through administrative review or court proceedings, none of which are recorded here.

• Administrative review and internal review options. The regulation notes the commissioner’s procedural power to request further information (note to s 6 referencing Act, s 25). Any refusal of a licence or regulatory action arising from information or lack of documentation would follow the Act’s review and appeal pathways; again, such pathways and any associated litigation are matters for the Act and are not contained in this regulation.

Practitioners should therefore treat the regulation as setting a framework of documentary and disclosure obligations which the commissioner will apply in licensing decisions under the Act. Because the regulation itself contains no litigation history, reliance on precedent will require searching decisions under the Act and decisions of the commissioner or tribunals that post‑date this republication for interpretative guidance.

This section highlights practical traps and overlooked consequences that follow directly from the regulation’s wording. These are concrete operational risks for applicants and licensees grounded in the text.

• Seven‑day notification window (s 7). The regulation makes it a licence condition that a licensee must notify the commissioner in writing within seven days after becoming aware of any change to information supplied in the application or other suitability‑relevant information (s 7). That is a short compliance window. Breach of a licence condition attracts whatever enforcement mechanisms and sanctions are available under the Act; the regulation itself does not soften this requirement.

• Broad scope of suitability disclosures (s 6(1)). Applicants must disclose a wide range of adverse events from the previous five years: licence refusals, regulatory action, court or tribunal proceedings, indictable convictions, workplace law or anti‑discrimination offences or complaints, WHS undertakings and proceedings, Fair Work enforceable undertakings and findings, and migration actions concerning visa holders (s 6(1)(a)-(k)). Applicants and advisers must look across multiple jurisdictions and laws when compiling disclosures. Missing an item could be treated as non‑disclosure.

• Documentary proof requirements for insurance and long service leave (s 5(2)). Applicants must attach a certificate of currency for compulsory workers compensation insurance, a self‑insurer licence where relevant, and a registration certificate if registered for a covered industry under the Long Service Leave (Portable Schemes) Act 2009 (s 5(2)). These are jurisdictional or statutory documents that may not be immediately available; failure to attach them where required will lengthen processing and potentially expose the applicant to adverse decisions.

• Financial capacity evidence (s 6(2)). The regulation requires information about the applicant’s financial capacity to meet workplace obligations, including capacity to pay wages and superannuation (s 6(2)). The regulation does not prescribe the form of proof. Applicants therefore need to prepare robust, auditable financial evidence (cashflow statements, bank guarantees, insurance, solvency statements) to satisfy the commissioner if requested.

• Register disclosure of individuals (s 8). The labour hire licence register must include not only business contact details but also names and contact details of influential persons (for corporations) and close associates (s 8(1)(b)-(c)). Those are personal identifiers that may be published or maintained on an administrative register. Applicants and corporate advisers should plan for privacy considerations and for the need to obtain contact details of third parties to populate the register.

• Cross‑jurisdictional verification risk (s 6(3)). An applicant who claims an exemption by holding a licence under another labour hire law must “give the commissioner evidence that the licence is not the subject of regulatory action” (s 6(3)(b)). The regulation does not prescribe what evidence suffices. This creates a verification burden where the other licence is interstate or under a different statutory regime. Practitioners should be prepared to supply formal letters from the other regulator or certified public documents.

• Definitional reliance on other Acts (Dictionary). Several key terms are defined in the Act or other Commonwealth/Territory statutes. For example, “influential person” is defined in the Act (Dictionary). Misreading or failing to inspect the Act’s definitions may lead to incomplete disclosure.

• Migration‑related disclosure traps (s 6(1)(j)-(k) and s 5(1)(m)). Applicants must disclose migration action taken against individuals and disclose the number of visa‑holder workers intended to be supplied (s 5(1)(m); s 6(1)(j)-(k)). This requires that applicants collect immigration‑status information for workers and influential persons, which raises privacy, data protection and practical gathering issues.

• Registered group training organisation exception (s 6(4)(a)). While the commissioner may exempt registered group training organisations from supplying suitability and financial capacity information, the exemption is discretionary. Registered group training organisations should not assume automatic relief and should be prepared to demonstrate suitability if required.

• No prescribed form or template. The regulation lists content but does not include an approved form within its text. While the Act or the commissioner may provide forms, absence of a form in the regulation means applications might be returned for non‑conforming presentation unless applicants follow administrative guidance.

• Linkage to other regulators’ actions. Because the suitability disclosures include actions under WHS, Fair Work and migration laws (s 6(1)), adverse findings by those regulators will have licensing implications. Applicants should therefore undertake a cross‑regulatory due diligence review before applying.

These “gotchas” are practical, document‑based and procedural risks arising from the specifics of the regulation. They affect timeframes, disclosure scope, privacy handling and cross‑jurisdictional verification. Compliance planning should be tuned to each of these points.

Below is a practical compliance checklist and recommended processes mapped to the regulation’s sections. The list is purposefully concrete and textual, identifying documents and controls that directly correspond to the regulation’s requirements.

Pre‑application preparation

1. Identification and business details (s 5(1)(a)-(g)):

   • Collect the applicant’s full legal name and up‑to‑date contact details.
   • If the applicant is an individual, obtain date of birth (s 5(1)(b)).
   • If operating under a registered business name or trading name, gather the registered business name and trading name documents (s 5(1)(c)-(d)).
   • Assemble the business’s contact details where different from the applicant’s personal contacts (s 5(1)(e)).
   • Obtain and confirm ABN and ACN where held (s 5(1)(f)-(g).

2. Industry and industrial instrument mapping (s 5(1)(h)-(j)):

   • Identify each industry in which labour hire services will be provided.
   • For each industry, list the industrial instruments (Modern Awards, enterprise agreements or other instruments) that will apply to the workers to be supplied (s 5(1)(i)).
   • Identify the main industry if multiple industries will be served (s 5(1)(j)).

3. Governance and related persons (s 5(1)(k)-(l) and s 5(3)):

   • For corporate applicants: produce a current list of influential persons and obtain their contact details (s 5(1)(k)); check the Act for the definition of “influential person” (Dictionary).
   • For non‑corporate applicants: produce a current list of close associates, with contact details, and document why each person is a close associate (positions held, financial interests, relevant powers) using the criteria in s 5(3).

4. Visa‑holder supply disclosure (s 5(1)(m)):

   • Determine and record the number of workers who are visa holders that you intend to supply under the licence, and maintain supporting records.

Documentary attachments and statutory compliance (s 5(2))

5. Workers compensation:

   • Attach a current certificate of currency for compulsory workers compensation insurance where required (s 5(2)(a)).
   • If self‑insured, attach a copy of the self‑insurer licence (s 5(2)(b)).

6. Long service leave:

   • If registered as an employer for a covered industry under the Long Service Leave (Portable Schemes) Act 2009, attach a copy of the certificate of registration (s 5(2)(c)).

Suitability disclosures and financial capacity (s 6)

7. Historical suitability check:

   • Conduct internal searches and enquiries to determine whether, in the previous five years, the applicant or, where relevant, influential persons have had:
     • Licence refusals, cancellations, suspensions or conditions under any labour hire law (s 6(1)(a)-(b));
     • Regulatory action, court or tribunal proceedings, civil proceedings or discipline under a labour hire law (s 6(1)(c));
     • Convictions for indictable offences or for offences against workplace laws or standards (s 6(1)(d)-(e));
     • Anti‑discrimination complaints, findings or convictions (s 6(1)(f));
     • WHS undertakings, WHS civil proceedings, or WHS infringement notices (s 6(1)(g));
     • Fair Work Act enforceable undertakings or findings relating to employee payments and entitlements (s 6(1)(h)-(i));
     • Migration Act actions involving visa status or supply of visa holders, for the applicant (if individual) or for influential persons (if corporation) (s 6(1)(j)-(k)).

8. Documentary evidence of suitability items:

   • Where events occurred, collate and attach official documents (orders, infringement notices, undertaking agreements, court/tribunal decisions). Where no adverse events occurred, prepare a simple signed statement attesting to the absence of such events, backed by internal checks.

9. Financial capacity evidence (s 6(2)):

   • Prepare audited or management financial statements, recent bank statements, cashflow forecasts, evidence of credit facilities, or other financial instruments demonstrating capacity to pay wages, allowances and superannuation contributions. Be ready to explain funding sources and contingency arrangements in writing.

Reciprocal licences and commissioner discretion (s 6(3)-(4))

10. If relying on an existing licence under another labour hire law:

    • Obtain formal evidence from the other regulator demonstrating the licence exists and is not subject to regulatory action, and prepare certified copies or official correspondence for submission (s 6(3)(a)-(b)). Don’t assume a mere statement is sufficient.

11. Registered group training organisations:

    • If the applicant is a registered group training organisation, prepare registration evidence under the National VET Regulator Act and be ready to document why the commissioner can rely on that for waiver of suitability information (s 6(4)(a)).

Application drafting and submission

12. Use the commissioner’s application form where available. The regulation sets content; the commissioner may provide a form. If no form is provided, structure the application to follow the numbering and headings in s 5 and s 6 for clarity.

13. Include all required attachments and label them clearly. Where attachments are in a language other than English, include certified translations if required by administrative practice.

Post‑licence compliance and recordkeeping

14. Notification systems (s 7):

    • Implement internal monitoring to detect changes to any information supplied in the application or any other suitability‑relevant information. Define “becoming aware” processes and responsible officers.
    • Ensure capability to provide written notice to the commissioner within seven days of awareness of any change (s 7). Maintain an audit trail of notifications.

15. Register accuracy (s 8):

    • Maintain up‑to‑date records of business contact details, influential persons and close associates for incorporation into the labour hire licence register (s 8(1)(a)-(c)). Review and update these records promptly.

16. Ongoing workplace law compliance:

    • Maintain records that demonstrate compliance with the workplace laws or standards prescribed in s 9, including superannuation compliance records and evidence of training obligations where the Training and Tertiary Education Act 2003 applies.

17. Privacy and consent:

    • Because the register requires names and contact details of individuals (s 8(1)(b)-(c)), ensure you have a lawful basis to hold and disclose those contact details and that you inform relevant persons of these requirements. The regulation itself does not set data‑protection procedures.

18. Verification and audit readiness:

    • Keep contemporaneous records of the checks and documents relied upon for the application and any s 7 updates to facilitate responses to the commissioner’s enquiries or audits.

19. Legal review and escalation:

    • Given the cross‑regulatory footprint of the suitability disclosures, obtain legal advice if there are any adverse matters in the previous five years, if influential persons have migration complications, or if there are unresolved WHS or Fair Work undertakings.

20. Update procedures for corporate changes:

    • For corporations, ensure board minutes, director and influential person changes are fed into the licensing register update process so that s 8 and s 7 obligations are met in time.

Following this checklist will place an applicant or licensee in conformity with the specific requirements of the regulation as it stands in the republished law. The regulation’s repeated cross‑references to the Labour Hire Licensing Act 2020 and other statutes mean practitioners should run the checklist in parallel with the Act and obtain the commissioner’s current application materials where available.