Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 34

Licence condition relating to information that must be provided annually

    (1)     It is a condition of a licence that the holder of the licence provide to the Authority the following information in respect of each reporting period for the licence—

        (a)     whether the holder of the licence was registered with the Australian Taxation Office as prescribed throughout the reporting period;

S. 34(1)(b) amended by No. 14/2021 s. 38.

        (b)     whether the holder of the licence was registered with WorkSafe Victoria as prescribed throughout the reporting period;

        (c)     the number of workers supplied by the holder of the licence to hosts during the reporting period, and the information prescribed in relation to those workers;

        (d)     the industrial instruments (however described) that determined the terms and conditions of employment or engagement of those workers during the reporting period;

        (e)     whether those workers held temporary work visas during the reporting period, and if so—

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

              (ii)     the kinds of visas they held;

        (f)     the industries in relation to which the applicant provided labour hire services;

        (g)     whether, to the knowledge of the holder of the licence, the holder complied with all laws referred to in section 23(1) throughout the reporting period, so far as those laws related to the business to which the licence relates;

        (h)     any other prescribed information.

    (2)     Without limiting the information that may be prescribed for the purposes of subsection (1)(h), the information may relate to the following—

        (a)     the arrangements between the holders of licences and workers, including but not limited to arrangements relating to employment, engagement or contracting;

        (b)     the kind of work performed;

        (c)     the locations of work performed;

        (d)     the accommodation of workers, whether provided by the holder of the licence or otherwise;

        (e)     the provision of services or goods to workers, including but not limited to transport or meals;

        (f)     incidents that were notified or were required to be notified under a workplace law in relation to workers;

        (g)     workers' compensation applications made by workers.

    (3)     The information must be provided—

        (a)     within 28 days of the start of the reporting period; and

        (b)     in the prescribed manner.

    (4)     The regulations may provide that information that would otherwise be required to be provided under this section is only required to be provided in specified circumstances including, but not limited to, where there has been a change in information previously provided.

    (5)     A "reporting period" for a licence means the following—

        (a)     the period of 12 months beginning on the day on which the licence first came into force;

        (b)     each subsequent 12-month period that the licence period is in force;

        (c)     if another period is prescribed—the other period.



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