Victorian Current Acts

LABOUR HIRE LICENSING ACT 2018 - SECT 8

    (1)     A person (a provider ) provides labour hire services if—

        (a)     in the course of conducting a business of providing recruitment or placement services, the provider recruits one or more individuals for, or places one or more individuals with, another person (a host ) to perform work in and as part of a business or undertaking of the host; and

        (b)     the provider also procures or provides accommodation for the individuals for some or all of the period during which the individuals perform the work; and

        (c)     the individuals are workers for the provider, within the meaning of section 9(2)(a).

    (2)     A person (a provider ) provides labour hire services if—

        (a)     in the course of conducting a business of providing contractor management services, the provider recruits one or more individuals for, or places one or more individuals with another person (a host ) to perform work in and as part of a business or undertaking of the host; and

        (b)     the individuals are workers for the provider, within the meaning of section 9(2)(b).

    (3)     For the purposes of this section, a provider may provide labour hire services to a host regardless of the following—

        (a)     whether a contract has been entered into between the provider and the host;

        (b)     whether the individuals recruited or placed by the provider are recruited or placed—

              (i)     directly; or

              (ii)     indirectly through one or more intermediaries;

        (c)     whether the work performed is under the control of the provider or the host.