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APSCo receives Labour Hire Licensing Regulations update

Industrial Relations Victoria has advised APSCo Australia that the Labour Hire Licensing Regulations 2018 (Vic) were made on 23rd October 2018. The Regulations 2018 (Vic) cover a number of operational matters for those involved in the labour hire industry including:

• Persons who are included and exempted from the operation of the Labour Hire Licensing Act 2018 (Vic) (Act);

•  The form of notices under the Act;

• Labour hire licence requirements, including application and renewal, fees, licence conditions and reporting obligations recognising corresponding laws and schemes which may be relied on by the Labour Hire Authority.

The Labour Hire Licensing Regulations 2018 (Vic) will commence when the remaining provisions of the Act come into force.

The Regulations 2018 (Vic) incorporate feedback received during the public consultation process, and now include changes which:

• Clarify that the exemption for secondees does not apply where the provider is predominantly in the business of providing labour hire services; 

• Clarify the cleaning and horticulture workers who perform work as part of the business or undertaking of a host;

•  Modify partnership licence applications so that where there is a Board, an executive committee or senior partners, proof of identity documents are only required for these members

•  Amend reference to the recognised scheme for Group Training Organisations to better reflect its operation.

The Department of Economic Development, Jobs, Transport and Resources has published a response to public submissions on the exposure draft Labour Hire Licensing Regulations.

Licensing is not yet in force and the commencement date for compliance obligations will be announced well in advance. Compliance obligations are not expected to begin before early 2019. Labour hire providers and hosts will be given sufficient notice of the commencement of obligations, and information sessions will be held prior to the scheme commencing.

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