Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 19

Required information for applications

    (1)     An application under section 17 for a licence must include the following information in relation to the applicant—

        (a)     whether the applicant is registered with the Australian Taxation Office as prescribed by the regulations;

S. 19(1)(b) amended by No. 14/2021 s. 38.

        (b)     whether the applicant is registered with WorkSafe Victoria as prescribed by the regulations.

    (2)     If, at the time the application is made, the applicant is conducting a business that provides labour hire services, the application must also include the following information—

        (a)     the number of workers supplied by the applicant to hosts during the 12-month period before the date of the application, and the information prescribed by the regulations in relation to those workers;

        (b)     the industrial instruments (however described) that determined the terms and conditions of employment or engagement of those workers;

        (c)     whether those workers held temporary work visas, and if so—

              (i)     the number of workers who held such visas; and

              (ii)     the kinds of visas they held;

        (d)     the industries in relation to which the applicant—

              (i)     is providing labour hire services; and

              (ii)     intends to provide labour hire services.

    (3)     If, at the time the application is made, the applicant is not conducting a business that provides labour hire services but intends to do so, the application must also include the following information—

        (a)     the number of workers the applicant expects to supply to hosts during the 12-month period after the licence comes into force, and the information prescribed by the regulations about those workers;

        (b)     the industrial instruments (however described) that the applicant expects will determine the terms and conditions of employment or engagement of those workers;

        (c)     whether the applicant expects that those workers will hold temporary work visas, and if so—

              (i)     the number of workers it is expected will hold such visas; and

              (ii)     the kinds of visas they will hold;

        (d)     the industries in relation to which the applicant intends to provide labour hire services.

    (4)     The application must specify the following information in relation to each relevant person in relation to the application—

        (a)     whether, to the applicant's knowledge, an investigation by a regulator or proceedings in a court or tribunal are on foot, at the time the application is made, in relation to an alleged contravention by, or with the involvement of, the relevant person or a body corporate of which the relevant person is an officer, of any of the following—

              (i)     a labour hire industry law;

              (ii)     a workplace law;

              (iii)     minimum accommodation standards;

        (b)     whether, to the applicant's knowledge, an incident occurred during the 12-month period preceding the making of the application, that the relevant person or a body corporate of which the relevant person was an officer was required to notify to a regulator (however described) under a law relating to occupational health and safety;

        (c)     whether, to the applicant's knowledge, the relevant person or a body corporate of which the relevant person was an officer was, during the 12-month period preceding the making of the application, the subject of a claim for compensation or damages (however described) under a law relating to workers' compensation;

        (d)     whether the relevant person is intending to procure or provide accommodation or transport to a worker in connection with labour hire services supplied under the licence.



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