Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Labour Hire Licensing Regulation 2021
SL2021-9
made under the
Labour Hire Licensing Act 2020
Republication No 1
Effective: 27 May 2021
Republication date: 27 May 2021
Regulation not amended
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Labour Hire Licensing Regulation 2021, made under the Labour
Hire Licensing Act 2020 (including any amendment made under the Legislation Act 2001, part
11.3 (Editorial changes)) as in force on 27 May 2021. It also includes any commencement, repeal
or expiry affecting this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Labour Hire Licensing Regulation 2021
made under the
Labour Hire Licensing Act 2020
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Application for licence—general information—Act, s 24 (2) (b) 2
6 Application for licence—suitability information—Act, s 24 (2) (b) 4
7 Licence conditions—Act, s 29 (e) 8
8 Labour hire licence register—Act, s 31 (2) (a) (vi) 8
9 Workplace law or standard—Act, dict, def workplace law or standard,
par (c) 9
Contents
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Dictionary 10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 12
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Australian Capital Territory
Labour Hire Licensing Regulation 2021
made under the
Labour Hire Licensing Act 2020
Section 1
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1 Name of regulation
This regulation is the Labour Hire Licensing Regulation 2021.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
5 Application for licence—general information—Act,
s 24 (2) (b)
(1) An application for a licence must state the following:
(a) the applicant’s name and contact details;
(b) if the applicant is an individual—the applicant’s date of birth;
(c) if the applicant operates the business under a registered business
name—the registered business name;
(d) if the applicant operates the business under a trading name—the
trading name;
(e) if the applicant operates the business with contact details other
than the applicant’s contact details—the business’s contact
details;
(f) if the applicant has an ABN—the ABN;
(g) if the applicant has an ACN—the ACN;
(h) each industry in which the applicant intends to provide labour
hire services;
Section 5
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(i) for each industry mentioned in paragraph (h)—the industrial
instruments to be used by the applicant for the workers the
applicant intends to supply;
(j) if the applicant intends to provide labour hire services in more
than one industry—the main industry in which the applicant
intends to provide labour hire services;
(k) if the applicant is a corporation—the name and contact details
of each influential person for the corporation;
(l) if the applicant is not a corporation—the name and contact
details of each close associate of the applicant’s business;
(m) the number of workers who are visa holders that the applicant
intends to supply.
(2) An application for a licence must include—
(a) if the applicant holds a compulsory insurance policy for the
Workers Compensation Act 1951—a copy of the applicant’s
certificate of currency; and
(b) if the applicant is self-insured for the Workers Compensation
Act 1951—a copy of the applicant’s self-insurer licence; and
(c) if the applicant is registered as an employer for a covered
industry under the Long Service Leave (Portable Schemes)
Act 2009—a copy of the applicant’s certificate of registration.
Section 6
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(3) In this section:
close associate—a person is a close associate of the applicant’s
business if the person—
(a) holds or will hold a position (however described), including on
behalf of someone else, in the applicant’s business that is
concerned with, or takes part in, the management of the
business; or
(b) is or will be able to exercise a significant influence, including on
behalf of someone else, in relation to the conduct of the
applicant’s business because the person holds or will hold a
financial interest, or is entitled to exercise a relevant power, in
the business.
financial interest, in a business, means—
(a) a share in the capital of the business; or
(b) an entitlement to receive income derived from the business,
however the entitlement arises.
relevant power, in a business, means a power—
(a) to take part in a directorial, managerial or executive decision for
the business; or
(b) to elect or appoint a person responsible for directorial,
managerial or executive decisions in the business.
6 Application for licence—suitability information—Act,
s 24 (2) (b)
(1) Unless subsection (3) or (4) applies, an application for a licence must
state if, in the previous 5 years, the applicant—
(a) had an application for a licence refused under a labour hire law;
or
Section 6
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(b) held a licence under a labour hire law that was cancelled or
suspended, or for which conditions were imposed; or
(c) was subject, under a labour hire law, to—
(i) regulatory action, even if the action is under review or
appeal; or
(ii) a court or tribunal proceeding; or
(iii) another form of discipline or investigation in relation to the
applicant’s conduct; or
(d) was convicted, or found guilty, of an indictable offence; or
(e) was convicted, or found guilty, of an offence against a
workplace law or standard; or
(f) was—
(i) the subject of a complaint under an anti-discrimination
law; or
(ii) convicted, or found guilty, of an offence against an
anti-discrimination law; or
(g) was—
(i) the subject of a WHS undertaking accepted by the regulator
under the Work Health and Safety Act 2011 or a
corresponding undertaking under a corresponding WHS
law; or
(ii) the subject of a civil proceeding under the Work Health and
Safety Act 2011, division 6.3 or a corresponding
proceeding under a corresponding WHS law; or
(iii) served with an infringement notice for an infringement
notice offence against the Work Health and Safety Act 2011
or the Work Health and Safety Regulation 2011 or a
corresponding notice for an offence against a
corresponding WHS law; or
Section 6
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(h) entered into an enforceable undertaking under the Fair Work
Act 2009 (Cwlth) in relation to the contravention of obligations
about employee payments and entitlements and protections; or
(i) was found to have contravened the Fair Work Act 2009 (Cwlth)
in relation to obligations about employee payments and
entitlements and protections; or
(j) if the applicant is an individual—had action taken against them
under the Migration Act 1958 (Cwlth) in relation to—
(i) the applicant being a visa holder; or
(ii) the supply of a worker who is a visa holder; or
(k) if the applicant is a corporation—had action taken against an
influential person for the corporation under the Migration
Act 1958 (Cwlth) in relation to—
(i) the influential person being a visa holder; or
(ii) the supply of a worker who is a visa holder.
(2) An application for a licence must also include information about the
applicant’s financial capacity to meet its obligations under workplace
laws or standards including the applicant’s capacity to pay the
workers to be supplied by the applicant the wage, allowances,
superannuation contribution and other payments to which the workers
are entitled.
(3) The applicant need not state the matters mentioned in subsection (1),
or include the matters mentioned in subsection (2), if the applicant—
(a) holds a licence under another labour hire law; and
Section 6
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(b) gives the commissioner evidence that the licence is not the
subject of any regulatory action under that law.
Note 1 The applicant is taken to be a suitable person if the applicant holds a
licence under another labour hire law and the licence is not the subject of
any regulatory action under that law (see Act, s 28 (3) (b)).
Note 2 The commissioner may, by written notice, require the applicant to
provide more information reasonably needed to decide the application
(see Act, s 25).
(4) The commissioner may decide that an applicant does not need to state
the matters mentioned in subsection (1), or include the matters
mentioned in subsection (2), if the commissioner is satisfied the
applicant—
(a) is a registered group training organisation; or
(b) can otherwise demonstrate that the applicant is a suitable person
to hold a licence.
(5) In this section:
anti-discrimination law means—
(a) the Discrimination Act 1991; or
(b) the Sex Discrimination Act 1984 (Cwlth); or
(c) a law of a State or another Territory corresponding, or
substantially corresponding, to a law mentioned in paragraph (a)
or (b).
corresponding WHS law—see the Work Health and Safety Act 2011,
dictionary.
registered group training organisation means a registered training
organisation that employs apprentices or trainees.
Section 7
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registered training organisation—see the National Vocational
Education and Training Regulator Act 2011 (Cwlth), section 3.
WHS undertaking—see the Work Health and Safety Act 2011,
section 216 (1).
7 Licence conditions—Act, s 29 (e)
It is a condition of a labour hire licence that if information in the
application for the licence (or if section 6 (3) or (4) applies, other
information relevant to the licensee being a suitable person to hold a
licence) changes the licensee must give the commissioner written
notice of the details of the change within 7 days after becoming aware
of the change.
8 Labour hire licence register—Act, s 31 (2) (a) (vi)
(1) The register must include—
(a) the licensee’s business contact details; and
(b) if the licensee is a corporation—the name and contact details of
each influential person for the corporation; and
(c) if the applicant’s business has a close associate—the name and
contact details of each close associate; and
(d) the industry, or the main industry, in which the licensee provides
labour hire services.
(2) In this section:
close associate—see section 5 (3).
Section 9
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9 Workplace law or standard—Act, dict, def workplace law
or standard, par (c)
The following laws are prescribed:
(a) the Superannuation Guarantee (Administration) Act 1992
(Cwlth);
(b) the Superannuation Guarantee Charge Act 1992 (Cwlth);
(c) the Training and Tertiary Education Act 2003.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• change
• corporation
• found guilty
• indictable offence (see s 190)
• individual.
Note 3 Terms used in this regulation have the same meaning that they have in
the Labour Hire Licensing Act 2020. For example, the following terms
are defined in the Labour Hire Licensing Act 2020, dict:
• commissioner
• labour hire law
• labour hire licence
• labour hire services
• regulatory action
• worker (see s 8)
• workplace law or standard.
influential person, for a corporation—see the Act, section 28 (5).
visa holder—see the Migration Act 1958 (Cwlth), section 5.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired