16 July 2020
Further to our previous updates, there have been two updates to the ACT and SA labour hire licensing (LHL) legislation that have passed Parliament recently, but have not yet commenced.
The SA Parliament passed the Labour Hire Licensing (Miscellaneous) Amendment Act 2020 (the SA Act) which introduces significant changes to the LHL scheme in SA. The SA Act has not yet been proclaimed, but the Government intends to implement these reforms as quickly as possible so that businesses who currently are LHL providers, but will not be under the SA Act, will not have to pay the periodic annual fee for the forthcoming year. The key changes in the SA Act mean that the LHL scheme now only applies to certain ‘high risk’ industries (rather than all industries), the workers that are captured have been clarified, the option of imprisonment for certain breaches of the SA Act has been removed, and there are new obligations for LHL providers in relation to their LHL.
The ACT Parliament has passed the Labour Hire Licensing Act 2020 (ACT Act), which introduces a LHL scheme in that territory. The ACT Act has not yet commenced, but will commence on a date to be fixed or 27 May 2021. There will also be a six month transitional period (expected to commence 1 January 2021) after the ACT Act commences during which time offences and penalties under the ACT Act will not be enforced against providers.
For an updated view of the current status of licensing schemes around Australia at a State and Federal level, click here.
This article was written by Wendy Fauvel, Executive Counsel and Greta Morand, Solicitor.
For further information, please contact:
Wendy Fauvel, Herbert Smith Freehills
