Definitions and foundational terms. The Code defines a work seeker as a person seeking work, and it defines three core registers: worker register (sch.1-sec.3; sch.1-sec.21), employer register (sch.1-sec.22) and placement register (sch.1-sec.23). It specifies that, in the context of Part 3, “fee” includes advantage and benefit (sch.1-sec.3). The Code repeatedly uses the phrase private employment agent and imposes duties on the agent and the agent’s employees, and requires agents to ensure employees comply (sch.1-sec.8).

Core duties. The Code sets out broad, behaviourally framed duties: agents must act honestly, fairly and professionally (sch.1-sec.6); they must exercise reasonable skill, care and diligence (sch.1-sec.7); and they must have reasonable knowledge of the Act, the Code and listed relevant State and Commonwealth Acts (sch.1-sec.5). These duties are framed in general terms but are supported by many specific provisions that operationalise the general duties when dealing with work seekers and employers.

Privacy and permitted use of information. The Code requires agents to keep work seekers’ identity and other details confidential without written permission, except as required by law (sch.1-sec.14). It also bars use of information about a work seeker for purposes other than finding work for them, or contrary to the terms of permission given by the work seeker (sch.1-sec.15). These clauses interact directly with the obligation to provide registers and to retain correspondence, creating a tension between recordkeeping and privacy that agents must navigate.

Fee and charging rules. The Code prohibits seeking or accepting certain fees from work seekers in specific circumstances, subject to an express exception in the Industrial Relations Act 1999, section 408D (sch.1-sec.18; sch.1-sec.19). It forbids conditioning a placement on fees, the required use of agent‑nominated suppliers, and accepting financial benefit from nominated suppliers in those circumstances (sch.1-sec.19). For employer charges, an agent is not entitled to recover a fee from an employer unless the agent, before providing the service, notifies the employer of the fee and gives written confirmation of the fee amount (sch.1-sec.20).

Registers and record retention. Registers must include particularised particulars. The worker register must include name, address, age, gender and occupation, the type of work sought, and the date of entry (sch.1-sec.21). The employer register must include the employer’s name and place of business, type of work offered, number of persons wanted, and date of entry (sch.1-sec.22). The placement register must include the placed person’s name, the employer’s name, type of work and date of entry (sch.1-sec.23). Registers and relevant correspondence must be retained for at least six years after the year or date specified in the provisions (sch.1-sec.24; sch.1-sec.25).

Information statements and transparency. Before providing a service for a work seeker, an agent must give the work seeker an information statement in the approved form. The required content lists mandatory items including that agents must not charge fees in contravention of section 408D of the Industrial Relations Act, that the agent and employees have working knowledge of State and Commonwealth laws applicable to placements and employment, that agents will make placements as required under relevant legislation, and departmental contact details for complaints about illegal or inappropriate conduct (sch.1-sec.29).

Special rules for models and performers. Part 3 applies to agents whose business includes seeking work for models and performers and to managers of models and performers. An agent in that part must give written notice within five days of receiving placement information from an employer setting out work conditions, nature of work, rates of payment and pay arrangements (sch.1-sec.31). The Code requires financial statements to models and performers within 10 days of receiving amounts payable, and requires agents holding amounts on behalf of models and performers to hold them exclusively and to pay them within seven days, into a nominated account or personally (sch.1-sec.32).

Enforcement concept. Contravention of a provision that states a maximum penalty is a ground for proceeding on a charge of an offence, or for obtaining an injunction under part 6 of the parent Act (sch.1-sec.4). The document repeatedly attaches a uniform maximum penalty of 14 penalty units for many contraventions, which creates a common maximum civil or criminal exposure metric across a wide range of obligations, though the Code does not in itself set out the penal framework beyond stating the maximum penalty units.

Interplay with other legislation. The Code explicitly requires knowledge of a suite of State and Commonwealth laws (sch.1-sec.5). It cross‑references the Industrial Relations Act 1999 for exceptions to the fee prohibitions and for the definition of manager in the models and performers provisions (sch.1-sec.18; sch.1-sec.30). The Code also contains a non‑exhaustive list of Acts agents should know, including privacy and anti‑discrimination instruments, which indicates the drafters intended the Code to be read and applied in a broader regulatory context.

Primary regulated party: private employment agents. The Code’s duties fall primarily on private employment agents. It uses the term “private employment agent” throughout and imposes obligations on agents and, explicitly, on the agent’s employees to comply with the Act and the Code (sch.1-sec.4; sch.1-sec.8). Where an agent is an employee, the Code applies despite any non‑compliant instruction from the agent’s employer (sch.1-sec.4). That structure places responsibility on both individual agents and the businesses that employ them.

Work seekers. The Code defines work seeker as a person seeking work (sch.1-sec.3). Work seekers are the primary intended beneficiaries of privacy, non‑fee and information obligations. Specific protections include confidentiality of identity and details without written permission (sch.1-sec.14), limits on use of their information (sch.1-sec.15), prohibition on charging fees as a condition of placement in certain cross‑border and temporary residence circumstances (sch.1-sec.18), and the requirement to receive an information statement before services are provided (sch.1-sec.29). Work seekers can request reasons for non‑referral and other information, which the agent must provide within seven days (sch.1-sec.13).

Employers and persons looking for workers. Employers who use agents are affected by the fee disclosure rules. An agent cannot recover a fee from an employer unless the agent notified the employer of the fee before providing the service and provided written confirmation of the fee amount (sch.1-sec.20). The Code also imposes obligations on agents to provide truthful referrals that ignore irrelevant considerations when giving information about a work seeker’s suitability (sch.1-sec.12). Employers asking agents for workers are also defined as “employer” in relevant sections (sch.1-sec.20; sch.1-sec.22; sch.1-sec.23).

Third parties and suppliers. The Code affects suppliers nominated by agents through restrictions on requiring work seekers to use services or resources from a supplier nominated by the agent, and on accepting financial benefits from nominated suppliers where the agent requires the work seeker to use them (sch.1-sec.19). This makes it unlawful, subject to the Industrial Relations Act exception, for agents to create tied supply arrangements that condition access to placements.

Agents’ employees and managers. Agents must take reasonable steps to ensure employees comply with the Code and must promote compliance with relevant legislation and ongoing training (sch.1-sec.8). For agents who operate as managers of models and performers, Part 3 imposes additional obligations. The definition of manager is drawn from the Industrial Relations Act 1999, section 408C, therefore managers as that term is used in that Act are subject to Part 3 (sch.1-sec.30).

Models and performers. The Code creates a sub‑set of obligations for agents who seek work for models and performers or act as managers for them. These obligations address rapid disclosure about engagements and short payment timelines, including an obligation to provide a written notice within five days of receiving engagement information, provide financial statements within 10 days of receiving an amount payable, hold amounts exclusively for a model or performer and pay them within seven days, and to deposit payments into a nominated account (sch.1-sec.31; sch.1-sec.32).

Regulator and prosecuting authorities. Enforcement rests with the mechanisms in the parent Act: contraventions where a maximum penalty is stated are grounds for starting proceedings on a charge of an offence, or for seeking injunctions under part 6 of the Act (sch.1-sec.4). The Code also requires the information statement to include contact details of the department from whom a person may obtain information about action that may be taken if the agent has acted illegally or inappropriately (sch.1-sec.29).

Cross‑jurisdictional and overseas entities. The Code expressly governs referrals to persons in other countries. An agent must not refer a work seeker to a person in another country looking for workers if the work seeker is not entitled to work in that country or does not have a reasonable prospect of obtaining permission to work there (sch.1-sec.17). Agents also must not refer a work seeker to a person in Australia if the work seeker is not legally entitled to work in Australia (sch.1-sec.16). These clauses affect agents who place people in cross‑border arrangements and impose a due diligence duty to assess entitlement.

Other affected interests. Persons procuring services of agents for models and performers are affected by specific timelines for notice and payment. Suppliers nominated by agents are affected where the Code forbids tying or benefit arrangements with work seekers. Data custodians and legal advisors will be affected by the recordkeeping obligations, given the requirement to keep correspondence and registers for six years (sch.1-sec.24; sch.1-sec.25).

The Code also states it applies despite instructions from work seekers or employers that do not comply with the Code (sch.1-sec.4). That clause prevents agents from contracting out of the Code’s obligations by reliance on a work seeker’s or employer’s request.

This section sets out the operative duties and the concomitant rights available to affected parties as expressed in the instrument.

Knowledge and professional duties. Agents must have reasonable knowledge of the Act, this Code and specified legislation relevant to the agent’s business (sch.1-sec.5). The listed statutes include state statutes and Commonwealth Acts covering anti‑discrimination, fair trading, privacy, work health and safety and industrial relations (sch.1-sec.5). Agents must act honestly, fairly and professionally in their business and must treat work seekers and persons looking for workers honestly and fairly (sch.1-sec.6). They must exercise reasonable skill, care and diligence when conducting business (sch.1-sec.7).

Employee management and training. Agents must take reasonable steps to ensure employees comply with the Act and this Code (sch.1-sec.8). Agents must promote compliance with all relevant legislation and industrial instruments applying to work seekers and employers and promote ongoing training and skills development in the private employment agents industry (sch.1-sec.8(2)). These are proactive duties that require internal policies, supervision and training.

Dealing with work seekers. Agents must represent work seekers ethically and professionally (sch.1-sec.9). They must not do anything that unfairly jeopardises a work seeker’s current or future work opportunities and must preserve the work seeker’s right to maximise their career development potential (sch.1-sec.10). Agents must give accurate advice about employment and placement options including current labour market information (sch.1-sec.11). These duties collectively impose a duty of good faith and competence in representation.

Referrals and information. Agents must give a person looking for workers information about a work seeker based on suitability for a vacancy while disregarding irrelevant considerations, including prohibited grounds of discrimination under the Anti‑Discrimination Act 1991 (sch.1-sec.12). If a work seeker asks, the agent must supply within seven days genuine reasons for non‑referral for a particular vacancy, advice on an application for a vacancy, or copies of documents about a position if the work seeker has been placed (sch.1-sec.13).

Confidentiality and permitted use of data. An agent must not disclose a work seeker’s identity or other details to a person looking for workers without the work seeker’s written permission, and must not otherwise disclose the identity or other details except as required by law (sch.1-sec.14). An agent must not use information about a work seeker for a purpose other than finding work for that work seeker, or in a way contrary to the terms of any permission given by the work seeker (sch.1-sec.15). These provisions establish both negative constraints and positive consent requirements.

Cross‑border and visa considerations. Agents must not refer work seekers to employers in Australia unless the work seeker is legally entitled to work in Australia (sch.1-sec.16). For overseas referrals, agents must not refer work seekers if they are not entitled to work in the country or do not have a reasonable prospect of obtaining permission to work there (sch.1-sec.17). These are substantive duties requiring assessment of legal entitlement and reasonable prospects for visa or work permission.

Fees and charging rules. Agents must not seek or accept a fee, deposit or bond from a work seeker in Australia as a condition of finding work for the work seeker outside Australia, nor from a temporarily resident work seeker for finding work in Australia, except as provided by Industrial Relations Act 1999 section 408D (sch.1-sec.18). Agents must not charge a work seeker fees for services or resources as a condition of finding work, require the work seeker to use services provided through a supplier nominated by the agent, or accept financial benefit from a nominated supplier because of that requirement (sch.1-sec.19). An agent is not entitled to recover a fee from an employer unless it notifies the employer of the fee before providing the service and gives written notice confirming the amount (sch.1-sec.20). The agent must provide that notice before service delivery.

Recordkeeping: registers and correspondence. Agents must keep a worker register with specific particulars, and must not make entries they know to be false (sch.1-sec.21). Agents must keep an employer register and a placement register with specified particulars, and must not make false entries (sch.1-sec.22; sch.1-sec.23). Registers and relevant correspondence must be retained for at least six years (sch.1-sec.24; sch.1-sec.25). Relevant correspondence includes correspondence that relates to the conduct of the agent’s business as a private employment agent (sch.1-sec.25).

Transparency and communications. Agents must not publish false information in carrying on the business, and must not make or knowingly permit employees to make false statements to a work seeker about the nature or availability of work, the Act, the Code, or any relevant legislation or industrial instrument (sch.1-sec.26). Publications must include the agent’s trading name, business address and telephone number (sch.1-sec.27). A copy of the Code must be available at the place of business, or the agent must immediately tell a person where to obtain a copy (sch.1-sec.28). Before providing services to a work seeker, the agent must give an approved information statement including specified content (sch.1-sec.29).

Model and performer obligations. For models and performers, agents must give a written notice within five days of receiving placement information from an employer listing the work conditions, nature of work, rates of payment and pay arrangements (sch.1-sec.31). Agents must give a financial statement as soon as practicable, and no later than 10 days after receiving an amount payable to a model or performer, showing particulars of the amounts received and paid (sch.1-sec.32). Agents who receive amounts on behalf of a model or performer must hold the amounts exclusively and pay the model or performer within seven days, either personally or by depositing into a nominated account at a nominated financial institution (sch.1-sec.32).

Rights. Work seekers have rights to information, privacy and to be free from conditioned charges in the specified contexts. Employers have the right to be notified of and receive written confirmation of agent fees before an agent recovers them. Models and performers have rights to rapid financial statements and prompt payment when agents hold amounts payable to them. Agents have the right to rely on the statutory exception in the Industrial Relations Act where it applies, but the Code places on agents the burden of compliance and proof that they satisfied notice and written confirmation obligations when charging employers.

The Code sets out enforcement mechanics by reference to the parent Act and attaches maximum penalties to many specific contraventions. The central enforcement clause is that contravention of a provision of this Code is a ground for starting a proceeding for a charge of an offence if a maximum penalty is stated for that contravention, or for obtaining an injunction under part 6 of the Act (sch.1-sec.4). The instrument repeatedly attaches a maximum penalty of 14 penalty units to numerous provisions, including but not limited to the obligations to supply information to work seekers, confidentiality duties, fee prohibitions, register obligations, retention of records, publication requirements, false statement prohibitions and the model and performer timeliness provisions (see, for example, sch.1-sec.13; sch.1-sec.14; sch.1-sec.18; sch.1-sec.19; sch.1-sec.21 to sch.1-sec.25; sch.1-sec.26 to sch.1-sec.29; sch.1-sec.31 to sch.1-sec.32).

The Code does not itself define the criminal or civil nature of each contravention, other than to link contraventions that carry a stated maximum penalty to the possibility of criminal proceedings or injunctive relief under the parent Act. The practical enforcement consequences, burden of proof, available defences, or administrative penalty regimes are not set out in the text we have been given. Enforcement agencies and courts will determine the procedural route, whether by prosecution for an offence or by seeking injunctive relief. The Code therefore creates potential exposure to both penal consequences and civil remedies.

Who decides to enforce. Enforcement decisions lie with the prosecuting authority, regulator or department empowered under the parent Act to bring proceedings or seek injunctions (sch.1-sec.4). The information statement must include the name and contact details of the department from which a person may obtain information about action to take if they believe the agent acted illegally, inappropriately or falsely (sch.1-sec.29). That channel is the statutorily preferred route for complaints and signals administrative oversight.

Penalties quantified. The Code uses the unit measure “penalty units” for maximum penalties, with 14 penalty units repeatedly stated. The monetary value of a penalty unit is not specified in the text provided, so the actual fine in currency terms must be derived from the jurisdiction’s penalty unit conversion rate at the relevant time. The Code’s uniform use of 14 penalty units across many provisions standardises maximum exposure, yet it places heavy practical importance on whether enforcement will be pursued by criminal charge or civil remedy.

Injunction power. The Code expressly links contraventions to the possibility of seeking an injunction under part 6 of the parent Act (sch.1-sec.4). Injunctive relief can be a fast administrative remedy to prevent ongoing breaches, particularly for recordkeeping, disclosure and fee practices. The availability of injunctions imposes an immediate compliance risk for agents where ongoing conduct can be halted by the court prior to establishing guilt in a separate criminal prosecution.

Practical enforcement risks for agents. Agents face several discrete enforcement risks: failure to produce registers or correspondence on demand in a prosecution or civil proceeding; allegations of false statements or misleading publications; breach of confidentiality and unlawful use of work seeker information; improper fee structures or failing to notify an employer of fees; and failure to meet short payment or disclosure timelines for models and performers. The Code makes contravention actionable where a maximum penalty is stated, which is the case for the majority of operational obligations, thereby increasing the probability that regulatory action can be taken where violations are established.

Remedies for affected parties. The Code itself does not set out private civil causes of action beyond the linkage to proceedings for an offence and injunctions under the Act. Nevertheless, the specific duties give rise to potential complaints to regulators and form a statutory basis for enforcement action. The required departmental contact details in the information statement are a formal channel for lodging complaints and requesting enforcement (sch.1-sec.29).

Finally, the Code provides that it applies despite an instruction or request inconsistent with it from a work seeker, a person looking for workers, or an agent’s employer (sch.1-sec.4). This clause strengthens enforceability by preventing contracting out of statutory obligations and limits attempts to shift liability or responsibility away from the agent by asserting client or employer instruction.

The Code embeds multiple express cross references and prescribes that agents must have reasonable knowledge of specific State and Commonwealth Acts (sch.1-sec.5). Those references are not decorative; they direct agents to consider and comply with a wider regulatory regime and create points of intersection in practice.

Listed statutes. The Code lists the following Acts that agents must have reasonable knowledge of: Anti‑Discrimination Act 1991, Fair Trading Act 1989, Fair Work Act 2009 (Cwlth), Further Education and Training Act 2014, Industrial Relations Act 1999, Information Privacy Act 2009, Privacy Act 1988 (Cwlth), Right to Information Act 2009, Workers’ Compensation and Rehabilitation Act 2003, and Work Health and Safety Act 2011 (sch.1-sec.5). These references indicate the drafters intend agents to apply the Code within the regulatory frameworks governing discrimination, contract terms, workplace conditions, privacy, workers’ compensation and safety.

Industrial Relations Act exceptions and definitions. The Code repeatedly cross‑references the Industrial Relations Act 1999. Section 408D of that Act is referenced as an exception to the fee prohibitions in sch.1-sec.18 and sch.1-sec.19. The models and performers provisions refer to the definition of manager in section 408C of the Industrial Relations Act for the scope of Part 3 (sch.1-sec.30). Practically, agents will need to apply both Acts in tandem to determine when fee charging is lawful and who is captured as a manager.

Privacy laws. The Code imposes strict confidentiality and usage limits on work seeker information (sch.1-sec.14; sch.1-sec.15). Those clauses interact directly with the Information Privacy Act 2009 and the Privacy Act 1988 (Cwlth), both of which govern personal information handling. The Code’s requirement that agents keep registers and correspondence for six years (sch.1-sec.24; sch.1-sec.25) must therefore be reconciled with privacy law obligations, including lawful purpose, consent, secure storage, access rights and deletion obligations under the applicable privacy frameworks. The Code itself permits disclosure where required by law, which would include statutory reporting obligations or lawful requests from courts or regulatory agencies (sch.1-sec.14).

Anti‑discrimination and referral. Sch.1-sec.12 requires referrals to be made on the basis of suitability and disregarding irrelevant considerations, including prohibited grounds under the Anti‑Discrimination Act 1991. This cross‑reference places agents squarely within the anti‑discrimination framework. Agents must ensure their assessment and referral processes do not use or proxy discriminatory grounds.

Workplace laws. The requirement to have reasonable knowledge of the Work Health and Safety Act 2011 and the Fair Work Act 2009 (Cwlth) aligns the agent’s obligations with workplace safety and employment standards. Agents’ advice to work seekers on employment options (sch.1-sec.11) and their promotion of compliance with relevant legislation and industrial instruments (sch.1-sec.8(2)(a)) mean agents must be positioned to advise on minimum entitlements, awards and safe working conditions, or refer queries to competent advisers.

Recordkeeping and evidence. The Code’s register and correspondence retention requirements create a record trail that will be evidence in disputes, prosecutions and regulatory investigations (sch.1-sec.24; sch.1-sec.25). Those obligations interact with discovery and freedom of information regimes under the Right to Information Act 2009 and with obligations to produce records under relevant industrial or legal processes.

Contract law and commercial interactions. The fee transparency requirement for employers (sch.1-sec.20) interacts with contract formation and consumer protection obligations under the Fair Trading Act 1989 and commercial law principles. Agents must provide written notice of fees before providing service, or risk being unable to recover fees. The prohibition on conditioning services on using nominated suppliers or accepting benefits tied to such arrangements (sch.1-sec.19) impinges upon contractual arrangements between agents and third‑party training or resource providers, requiring any commission or referral payment structures to be carefully structured in compliance with both the Code and Fair Trading Act constraints.

International legal/immigration frameworks. The Code’s overseas placement provisions require agents to ensure work seekers are entitled to work in the country of the placement or have a reasonable prospect of obtaining that permission (sch.1-sec.17). This imports practical interaction with immigration law regimes of third countries and with Australian immigration and visa rules where referring to employment in Australia (sch.1-sec.16). Agents placing workers cross‑border will need to engage with immigration experts and keep documentary evidence supporting ‘reasonable prospect’ assessments.

Regulatory remedies and parent Act. Enforcement via proceedings for offences and injunctions is by reference to the parent Act (sch.1-sec.4). Agents must therefore also be familiar with the Act’s enforcement architecture, penalties, and the procedural mechanisms available to regulators. The Code itself does not replace or override remedies available under other Acts, such as remedies for privacy breaches, anti‑discrimination complaints or Fair Trading investigations.

In sum, the Code is a sectoral instrument designed to sit within an already crowded regulatory landscape, requiring agents to operate in a manner consistent with privacy, workplace, anti‑discrimination and industrial relations law. Compliance will require integrated legal and operational processes to manage overlapping obligations and potential tensions, for example between preserving a work seeker’s confidentiality and the need to populate registers or respond to lawful information requests.

The source text provided contains no express amendment history, dates of commencement, or notes of prior versions. It is presented as schedule 1, parts and sections, with references to other Acts, but it does not record previous amendments or a revision chronology within the material you supplied.

Where to look for authoritative amendment information. Because the text itself does not include amendment metadata, practitioners should check the consolidated legislation database maintained by the relevant jurisdiction, the official reissue or compilation in the government’s legislation publication service, or the parliamentary or departmental sources that accompany the parent Act for commencement and amendment particulars. The Code cross‑references the Industrial Relations Act 1999 and changes to that Act (for example to s 408C or s 408D) may affect the application of the Code. Users should therefore consult the current consolidated Industrial Relations Act when assessing the exceptions and definitions referenced in the Code.

Implication of absent amendment notes in the source. The absence of an amendment history in the source means the text provided should be treated as a standalone extract. It is not possible from this document alone to tell whether the provisions reflect original enactment text, an updated schedule, or interim amendments. For compliance, legal risk assessment and litigation readiness, confirm the current version and any transitional or saving provisions in the parent Act or the legislative instruments that adopted this Code.

Practical steps for practitioners. Verify the current form of the Code by checking:

• the jurisdiction’s official legislation website for the parent Act and its schedules;
• parliamentary bills and explanatory memoranda where the Code was introduced, to trace legislative intent and any amending bills;
• departmental guidance or compliance notes that often accompany Codes of Conduct and which may clarify commencement, enforcement mechanisms and interactions with other statutes.

Because the Code refers to penalty units, and because penalty unit values can change over time, confirm the current monetary value of a penalty unit for the relevant jurisdiction at the time of any compliance assessment or enforcement action.

Limitations. This section does not supply any amendment data not present in the source. It records only that the supplied text contains no amendment history and recommends where to verify and obtain authoritative amendment records.

The supplied text contains no litigation history. The instrument does not name any judicial decisions, administrative determinations or previous enforcement outcomes that interpret or apply the Code. It also does not cite cases or extract judicial reasoning.

What that means for legal research. Because there are no cases cited in the document, a practitioner seeking precedent or interpretative guidance must search the jurisdiction’s case law databases, tribunal decisions and regulatory determinations for instances where the parent Act or the Code has been litigated or applied. In particular, search for decisions that interpret:

• the meaning of “reasonable” in duties such as reasonable skill, care and diligence, and reasonable steps to ensure employee compliance (sch.1-sec.7; sch.1-sec.8);
• the scope of the fee prohibitions and the Industrial Relations Act exceptions referenced in sch.1-sec.18 and sch.1-sec.19;
• privacy and confidentiality provisions in sch.1-sec.14 and sch.1-sec.15, especially where those duties intersect with privacy law and access to records;
• register and record retention obligations and what constitutes relevant correspondence under sch.1-sec.25;
• enforcement choices between criminal prosecutions and injunctive relief under the parent Act as contemplated by sch.1-sec.4.

Practical note for litigators. Absent authoritative judicial interpretation in the supplied text, many of the Code’s obligations are framed in standards terms which will likely be litigated through fact specific disputes. The Code’s frequent use of “reasonable” standards and its repeated attachment of the same maximum penalty across many provisions increases the likelihood that litigation and regulatory action will focus on proportionality, evidentiary proofs of compliance, and whether internal policies and records satisfied statutory duties.

Recommendation for evidence gathering. In potential disputes or investigations, ensure contemporaneous evidence of compliance is retained: copies of information statements given to work seekers; written fee notices to employers and confirmations; copies of registers and date entries; written permissions from work seekers for any disclosure; training records for employees; and documentary support for due diligence checks about a work seeker’s entitlement to work in Australia or abroad.

Limitations. This section does not invent or attribute cases or outcomes. It records only that the source contains no litigation history and sets out practical search and evidentiary steps for practitioners who need to find or build authoritative interpretive material.

1. Registers require personal details including age and gender, and entries must not be false (sch.1-sec.21). That creates a tension between recordkeeping obligations and privacy obligations under the Information Privacy Act 2009 and the Privacy Act 1988 (Cwlth), both of which the Code says agents must know (sch.1-sec.5). Practically, agents must ensure they have lawful bases and appropriate consents for collecting such personal information, and secure storage and access controls given the six year retention requirement (sch.1-sec.24).

2. The Code applies despite instructions from a work seeker, a person looking for workers or the agent’s employer to do otherwise (sch.1-sec.4). Agents cannot lawfully rely on an employer’s instruction to breach the Code. Compliance risk therefore sits with the agent even in employer‑led placement processes.

3. The word “fee” includes “advantage and benefit” in the Code’s definitions, so non‑monetary benefits or indirect commissions may be captured by the prohibitions in sch.1-sec.18 and sch.1-sec.19. Practitioners should note that the Code forbids requiring a work seeker to use an agent‑nominated supplier or accepting a benefit from a nominated supplier because of such a requirement (sch.1-sec.19).

4. The Industrial Relations Act exception. Sch.1-sec.18 and sch.1-sec.19 repeatedly caveat the fee prohibitions with “other than as provided by the Industrial Relations Act 1999, section 408D”. The exception is material. Determining when fees are permitted therefore requires reading the Industrial Relations Act. Do not assume the Code’s prohibitions are absolute.

5. Timelines for responses and payments are short and carry penalties. For example, if a work seeker requests information about non‑referral, the agent must respond within seven days (sch.1-sec.13). For models and performers, an agent must provide a written notice within five days of receiving placement information and a financial statement within 10 days of receiving payment, and must pay amounts held on behalf of the model or performer within seven days (sch.1-sec.31; sch.1-sec.32). Failure to meet these deadlines attracts the uniform maximum penalty.

6. Publication requirements. Every publication must include the trading name, address and telephone number for the agent (sch.1-sec.27). Online profiles, social media, job ads and website listings must therefore display these particulars. Omissions can create an exposure to prosecution or injunctions.

7. The Code requires the approved information statement be given before providing service to a work seeker (sch.1-sec.29). The statement must contain specified content, including departmental contact details for complaints. The Code makes giving the statement a preconditionary duty and attaches a maximum penalty for non‑compliance. Ensure a contemporaneous record that the information statement was provided.

8. Broad prohibition on false information and false statements to work seekers about the Act, the Code, relevant Acts or relevant industrial instruments (sch.1-sec.26). Agents and their authorised employees must avoid misrepresentations about legal entitlements and must ensure any statements about the Act, the Code or legislation are accurate. This interacts directly with advice obligations under sch.1-sec.11 (advice about employment and placement options).

9. Ambiguity over “reasonable prospect” for overseas placements. Sch.1-sec.17 bars referrals to other countries if the work seeker does not have a reasonable prospect of obtaining permission to work in that country. The Code does not define the standard of what is “reasonable”, leaving agents to make documentary assessments and to bear the evidentiary burden if challenged.

10. Record retention and relevant correspondence. Correspondence that relates to the conduct of the business must be kept for at least six years after receipt or creation (sch.1-sec.25). That clearly includes emails, SMS, instant messages and digital records. Agents need documented retention and deletion policies, secure archiving systems and discovery‑ready processes.

11. Scope of “employer” in fee rules and registers. The Code defines “employer” for sections 20, 22 and 23 as a person who asks an agent to find someone to do work for them (sch.1-sec.20). Agents must ensure the right party is identified when providing fee notices and filling the employer register.

12. Interaction with privacy access rights. The Code bars disclosure without written permission except as required by law (sch.1-sec.14). That bar does not otherwise limit a work seeker’s access rights under the Privacy Act or Information Privacy Act. Agents must be prepared to reconcile statutory privacy access requests with confidentiality constraints in the Code.

13. Uniform maximum penalty unit usage. The repeated use of “Maximum penalty,14 penalty units” across many provisions means many discrete breaches carry the same nominal maximum exposure. This can produce multiple, cumulative exposures in complex fact patterns, which can materially increase total liability exposure depending on enforcement choices.

14. No express administrative guidance in the Code. The instrument sets standards and duties but provides little by way of administrative guidance or examples for how to demonstrate compliance. Agents will need to rely on internal policies, training records, and contemporaneous documentation to show they met “reasonable” standards.

This section translates statutory duties into concrete compliance measures. It is a practical checklist aligned to the sections of the Code.

1. Governance and training

• Maintain a compliance manual that reproduces the Code and the parent Act obligations, and ensure it is referenced in staff induction and periodic training. The Code requires agents to have reasonable knowledge of the Act, the Code and specified statutes (sch.1-sec.5) and to take reasonable steps to ensure employees comply (sch.1-sec.8).
• Keep training attendance records, course materials and assessments to evidence “reasonable steps” and promotion of ongoing training (sch.1-sec.8(2)(b)).

2. Policies and standard operating procedures

• Adopt SOPs for referrals that document criteria for suitability, and exclude irrelevant considerations and prohibited discriminatory grounds, in line with sch.1-sec.12.
• Prepare a template information statement in the approved form and a documented delivery process to ensure the statement is provided before services begin (sch.1-sec.29).

3. Privacy, consent and data handling

• Create a privacy policy aligned to the Information Privacy Act 2009 and the Privacy Act 1988, and ensure consent records are kept for work seeker permissions to disclose identity or other details (sch.1-sec.14).
• Implement access controls and encryption for stored registers and correspondence to meet retention requirements and minimise risk of unauthorised disclosure (sch.1-sec.21 to sch.1-sec.25).

4. Registers and recordkeeping

• Implement digital registers for workers, employers and placements that capture the particulars prescribed: worker register must include name, address, age, gender, occupation, type of work sought and date of entry (sch.1-sec.21); employer register must include employer name, place of business, type of work offered, number wanted and date of entry (sch.1-sec.22); placement register must include name of person placed, employer, type of work and date of entry (sch.1-sec.23).
• Ensure audit trails that prohibit falsification of register entries and provide version control. Retain registers in the agent’s possession for at least six years after the end of the year of the last entry (sch.1-sec.24).

5. Correspondence retention

• Create an email and messaging archiving policy that captures all correspondence relevant to the conduct of the agent’s business and retains it for at least six years from receipt or creation (sch.1-sec.25).
• Index correspondence to relevant register entries to facilitate rapid production in investigations or legal processes.

6. Fee management and transparency

• Before charging an employer, implement a fee notification workflow: notify the employer of the agent’s fee and secure written confirmation of the amount prior to service delivery, with logs of notice time stamps and confirmations (sch.1-sec.20).
• Prohibit conditioning placements on work seeker payments for forbidden services, require HR/legal review of any proposed fee or commission, and carefully document reliance on the Industrial Relations Act exception where relevant (sch.1-sec.18; sch.1-sec.19).

7. Supplier and benefit arrangements

• Prohibit tied supplier clauses that compel work seekers to use nominated providers, unless a documented legal exception applies (sch.1-sec.19). Where agents receive benefits from suppliers, keep written records that demonstrate those benefits are not linked to mandatory use by work seekers.

8. Advice, referral and non‑discrimination

• Use standardised referral templates that record objective suitability metrics and reasons for non‑referral. On request, supply genuine reasons for non‑referral within seven days and keep copies of the responses (sch.1-sec.13).
• Implement an anti‑discrimination checklist in the referrals process to ensure irrelevant considerations are excluded (sch.1-sec.12).

9. Publications and availability of Code

• Ensure every publication, including online adverts and profiles, includes the agent’s trading name, address and business telephone number (sch.1-sec.27).
• Keep a hard or electronic copy of the Code available at the principal place of business for perusal, or be ready to direct requesters where to obtain a copy immediately (sch.1-sec.28).

10. Information statement handling

• Prepare the approved form information statement that includes the mandatory items in sch.1-sec.29. Record the date, method and recipient when the information statement was given, ideally obtaining a signed or acknowledged receipt.

11. Dealing with overseas placements and visa checks

• Create a due diligence checklist and documentary evidence standards for assessing a work seeker’s entitlement to work in Australia or abroad, and for documenting the basis on which an agent concluded a “reasonable prospect” exists for overseas permission (sch.1-sec.16; sch.1-sec.17).
• Where visas or immigration permissions are involved, document referrals to immigration specialists and keep copies of any legal advice or visa application status.

12. Models and performers workflows

• For agents working with models and performers, implement the five‑day written notice process when receiving placement information from an employer, with templates to capture work conditions, nature of work, rates and pay arrangements (sch.1-sec.31).
• Implement a payment handling process for amounts received on behalf of models and performers, ensuring funds are held exclusively, statements are issued within 10 days and payments made within seven days into a nominated account (sch.1-sec.32). Maintain reconciliation records for all receipts and payments.

13. False statements and advertising control

• Implement a review process for all public statements, job notices and representations to ensure factual accuracy and compliance with sch.1-sec.26. Maintain a pre‑publication approval log and a responsive correction protocol for any identified misstatements.

14. Internal compliance auditing and incident response

• Conduct regular internal audits of registers, correspondence retention, fee notifications and information statement delivery. Maintain remediation logs and corrective action plans.
• Prepare an incident response plan for alleged breaches that includes immediate preservation of relevant registers and correspondence, notification to senior compliance staff, and, where appropriate, taking steps to mitigate exposure such as issuing corrective notices and cooperating with regulator inquiries.

15. Documentation to support “reasonable steps”

• Keep contemporaneous documentation demonstrating “reasonable steps” taken to ensure employee compliance, decisions about work seeker entitlement, reasons for non‑referral, copies of information statements given, and written consents for disclosure. These records will be crucial evidence if an enforcement action arises.

16. Legal and regulatory monitoring

• Monitor changes to the Industrial Relations Act 1999 and the other Acts cited in sch.1-sec.5, because amendments to those Acts can alter exceptions and definitions that affect the Code. Maintain a legal register of relevant amendments and ensure compliance policies are updated promptly.

17. Seek legal advice where uncertainty exists

• Where the Code uses standards like “reasonable” or where the Industrial Relations Act exception might apply, seek specific legal advice to establish compliant practices and to document the legal basis for decisions that might be challenged.

By implementing these controls, an agent creates a defensible compliance posture aligned to the Code’s duties and timetables. Retain documentary evidence of all compliance steps, because the Code transforms many operational activities into statutory obligations enforceable by proceedings for an offence or injunctions under the parent Act (sch.1-sec.4).