Purpose:

The purpose of this Act is to provide for the licensing and regulation of providers of labour hire services and related matters.

Objectives:

• Protect workers from exploitation by providers of labour hire services.
• Promote the integrity of the labour hire industry.

Key Provisions:

• A person must hold a licence to provide labour hire services or to advertise or hold out that they provide or are willing to provide labour hire services.
• A person must not enter into an arrangement for the provision of labour hire services with an unlicensed provider unless they have a reasonable excuse (e.g., the provider was shown on the register as licensed).
• A person must not enter into an arrangement designed to circumvent or avoid an obligation imposed by this Act, if they know or ought reasonably to know its purpose, unless they have a reasonable excuse.
• Applicants for a licence must be fit and proper persons and their business must be financially viable.
• Licensees must comply with all relevant laws applying to them.
• Licensees must submit regular reports to the chief executive about their labour hire operations.
• Licensees must ensure their nominated officers are reasonably available to be contacted.
• Licensees must produce a copy of their licence for inspection upon request.
• Licensees must not transfer, sell, dispose of, lend, or hire out their licence.
• Licensees must notify the chief executive of prescribed changes in circumstances.
• The chief executive must keep a public register of licences.

Evidence of Compliance Requirements For Agricultural Organisations:

• Application for Licence (Section 13):
  • Submit an application in the approved form.
  • The application must state: each applicant’s full name and contact details; the business name, ABN and address of the business; the full name and contact details of one or more proposed nominated officers who satisfy the requirements in section 33(1); if a corporation, its name, ACN or ARBN, and names of directors/governing body members; whether accommodation or other services are provided to workers; and whether any disciplinary action has been taken against the applicant by a regulatory body under a relevant law within 5 years before the application.
  • The application must be accompanied by: the application fee prescribed by regulation; information prescribed by regulation about the business’s financial viability; information prescribed by regulation about compliance with the Work Health and Safety Act 2011 and the Workers Compensation and Rehabilitation Act 2003 for the 5 years before the application, and ability to comply; and any other information prescribed by regulation required to decide if applicants and other specified persons are fit and proper.
• Reporting Obligations (Section 31):
  • A licensee must give the chief executive a report within 28 days after each 6-month reporting period ends.
  • The report must include: the licensee’s full name and contact details; the business name, ABN and address; full name and contact details of each nominated officer; the number of workers supplied during the period; a description of arrangements with workers (e.g., employment relationship type, contractual, apprenticeship/traineeship); details of the type of work and industry carried out by workers; locations in Queensland where work was carried out; if accommodation was provided by the licensee, its address, whether fees were paid, and number of workers using it; if accommodation was provided by others, to the best of knowledge, who provided it, its address, whether fees were paid, and number of workers using it; whether any other services were provided by the licensee or client; information about compliance with relevant laws for the reporting period; disclosure of any disciplinary or enforcement action taken or started against the licensee by a regulatory body under a relevant law during the period; number of notifiable incidents involving a worker under the Work Health and Safety Act 2011, section 38 (to best knowledge); number of applications for compensation by a worker under the Workers’ Compensation and Rehabilitation Act 2003 (to best knowledge); and any other matter prescribed by regulation.
• Nominated Officer Availability (Section 34):
  • Licensees must ensure each nominated officer is reasonably available to be contacted by the chief executive or public during business hours.
• Change of Nominated Officer (Section 35, 37):
  • To change a nominated officer, a licensee must apply in the approved form with information about the proposed appointee to enable the chief executive to assess if they meet requirements and are fit and proper.
  • If a nominated officer is absent for more than 30 days, the licensee must apply in the approved form for the appointment or extension of a substitute, or apply to remove the absent officer and appoint a new one.
  • For substitute nominated officers appointed for limited periods (up to 30 days), the appointment and consent must be in writing, state the period, and be kept at the business premises for immediate inspection by an inspector (Section 36).
• Production of Licence (Section 38):
  • Licensees must produce a copy of their licence for inspection if asked by an inspector, worker, or other dealing person.
• Notification of Changes in Circumstances (Section 40):
  • Licensees must give the chief executive notice of a prescribed change in circumstances (e.g., relating to fit and proper matters, register details, worker accommodation) within 14 days after the change.
  • If a corporation, it must notify the chief executive of a prescribed change in circumstances of an executive officer within 14 days of becoming aware.
• Information Provision to Chief Executive (Sections 41, 43):
  • Applicants (for licence, renewal, or restoration) may be required by notice to give information reasonably required by the chief executive within a stated reasonable period. Failure to comply results in application withdrawal.
  • Licensees may be required by notice to give information to the chief executive within a reasonable period (at least 21 days) to assess if the licensee is a fit and proper person or if the business is financially viable. The chief executive may require verification by statutory declaration.
• Inspection and Audit Requirements (Part 6, Division 3):
  • Inspectors may enter places (e.g., workplaces during business hours or when work is carried out, or with consent/warrant) to monitor compliance and investigate contraventions.
  • Inspectors may require an occupier or person at a place to provide reasonable help to exercise powers (e.g., produce documents, give information).
  • Inspectors may require a person to produce documents required to be kept under this Act, at a reasonable time and place. For electronic documents, a clear printed reproduction must be provided.
  • Inspectors may keep documents for copying and must return them as soon as practicable.
  • Inspectors may require a person to give information or attend to answer questions/produce documents related to an offence, if an offence is reasonably believed to have occurred.

Metadata Keywords:

Labour hire, Licensing, Queensland, Regulation, Worker protection, Compliance, Agriculture, Industrial relations, Business viability, Inspector powers

Publication Information:

Publication date: 13 September 2017 Act number: Act No. 33 of 2017 Version number: Not specified in document.

Agricultural Industry Alignment:

Horticulture

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.qld.gov.au/view/pdf/asmade/act-2017-033 →