labour hire licensing scheme is supported by the Labour Hire Licensing Act 2018
(Vic) (Act) and the Labour Hire Licensing Regulations 2018 (Vic) (Regulations).
The key purpose of the scheme is to establish a business licensing system to
regulate the provision of labour hire services and, in turn, protect vulnerable
labour hire workers from exploitation. The scheme will also help to improve the
transparency and integrity of the labour hire industry.
The introduction of the scheme follows the report of the Independent Inquiry into the Labour Hire Industry and Insecure Work.
The Labour Hire Authority is responsible for administering the scheme.
Labour Hire Licensing Regulations 2018 (Vic)
were made on 23 October 2018. The Regulations support the scheme in a number of
ways, such as through the inclusion and exemption of persons from the operation
of the Act, by setting out the form of notices under the Act, by setting out
certain labour hire licence requirements such as fee amounts and by recognising
corresponding laws and schemes which may be relied on by the Labour Hire
will come into operation when the remaining provisions of the Act come into
incorporated feedback from the public consultation process on the exposure
draft Labour Hire Licensing Regulations (exposure draft Regulations) and
Regulatory Impact Statement (RIS) and have been updated as a result.
Submissions made during public consultation on
exposure draft Regulations and Regulatory Impact Statement
consultation period for the exposure draft Regulations under the Act and RIS
was held from 7 August to 5 September 2018.
is a numbered list of the submissions made as part of the public consultation
process. Submissions provided on a confidential basis have not been added to
Response to Public Submissions on the Exposure Draft
Labour Hire Licensing Regulations 2018
of Economic Development, Jobs, Transport and Resources has prepared a response
to public submissions on the exposure draft Regulations.
The response begins
with a global introduction and sets out the submissions received. It then
tables the relevant questions or pieces of feedback, lists the submissions that
made comments, summarises the issues raised and ends with the Victorian
Exposure Draft Regulations and Regulatory Impact Statement
that were the subject of the public consultation period will remain on this
draft Regulations were accompanied by the RIS which was prepared by Deloitte
Touche Tohmatsu. The RIS examined the economic and social impacts, costs and
benefits of the exposure draft Regulations.
things, the RIS reviews the options to apply the laws to an expected 1,300
businesses in Victoria in the most effective and efficient manner including
options to reduce the regulatory burden on small businesses. The RIS also examines
options to ensure that individuals performing certain types of activities in
the industries of commercial cleaning, horticulture, meat manufacturing and
processing are protected by the scheme.
List of Questions
draft Regulations were accompanied by a list of questions to help facilitate
the feedback process.
Act commencement information
The Act received
Royal Assent on 26 June 2018. Certain administrative provisions have now been
proclaimed to commence operation from 27 June 2018. These will support
implementation of the Act.
Licensing is not
yet in force. Compliance obligations for labour hire providers and users,
including those relating to licensing, are not expected to begin before early
2019. The commencement date for these obligations will be announced well in
advance. This will include information about the transition period for applying
for a licence.
that have been proclaimed are:
- Part 1 - deals with the general provisions and
core concepts of the Act.
- Part 4 - provides for the establishment of the
Labour Hire Authority, the Commissioner and the Acting Commissioner.
- Part 7, Divisions 2, 4, 5 - provide for,
respectively, secrecy provisions, the issue of guidelines for persons with
obligations under the Act, the making of Codes of Practice and the making
- Part 9 of the Act - provides for consequential
amendments to the Public Administration Act 2004 (Vic).
None of the
proclaimed provisions relate to compliance obligations on providers of labour
hire services or users of labour hire services/hosts of labour hire workers.
In the coming
months, an extensive information and education campaign about obligations under
the scheme will commence.
Please email the Labour Hire Authority
if you have queries about the Victorian labour hire licensing scheme at email@example.com.