LHL Scheme by State/ Territory
Feeling unsure about what sets apart the Labour Hire Licencing scheme in your State or Territory? Not to fear, we’ve put together a handy little summary of the main features and differences between the different scheme jurisdictions.
Victoria
Victoria’s LHL scheme possesses some of the more onerous submission requirements among the four States. Sections 17(2) and (3) outline information that must be included in the submission such as full name and address of the applicant, business name and ABN, however sections 17(4) and (5) along with section 21 outline additional information, declarations and consent that must be provided.
Criteria for eligibility is assessed against a fit and proper person test (section 22) and looks at criteria such as if a candidate has committed any indictable offences, contravened workplace laws (or labour hire industry law) or had a prior licence suspended or cancelled. Financial thresholds are introduced via elements such as insolvency.
Victoria’s system also includes exceptions which apply to certain labour hire providers who may fall under regulation.
A Victorian Labour Hire licence will be in force for three years.
Queensland
Queensland’s system also applies a fit and proper person test to assess applications (sections 15 and 27), it covers similar elements as the Victorian test such as if a candidate has committed any indictable offences, contravened workplace laws (or labour hire industry law) or had a prior licence suspended or cancelled. Past insolvency is also assessed in Queensland.
Aside from regulatory exceptions (as in Victoria), Queensland defines labour hire in a way that exempts private employment agents and certain contractors from the LHL scheme (section 7).
A Queensland Labour Hire Licence will be valid for one year.
SA
South Australia’s assessment of application also largely mirrors Queensland and Victoria (using a fit and proper person test model found in sections 10 and 17).
However, on top of offences, insolvency, and prior licence suspension or cancellations, South Australia’s authority also employs a business knowledge threshold with the aim of ascertaining if an application possesses sufficient business knowledge, experience and skills for the purpose of properly carrying on business under the licence.
South Australia’s system only grants explicit exemptions where the Commissioner has granted one as per section 46.
A South Australian Labour Hire Licence will remain in force until it is surrendered, cancelled, the licence holder dies or the body corporate is dissolved.
ACT
Much like its other State counterparts, the Capital Territory assesses the character of the applicant though the wording differs. Sections 27 and 28 articulate a suitable person test (which is not dissimilar to the fit and proper person test) which mirrors the other tests by looking at compliance with workplace laws, prior licences and offences and insolvency (or administration).
However, the test differs from its counterparts across the country by introducing a character element which examines an applicant’s honesty, integrity and professionalism (note: this is not an exhaustive list).
There are no explicit exceptions in the legislation.
A licence issued in the ACT will be valid for a year.
Contact us to learn more about Certex Labour Hire Licencing service.