LEGAL ALERT

SA to repeal Labour Hire Licensing Act 2017

27 September 2018

The South Australian Liberal Government has confirmed plans to repeal the Labour Hire Licensing Act 2017 (SA) (Act).

The Act, passed by the previous Labor Government in March 2018, required labour hire companies to be licensed by 1 September 2018 and comply with a range of conditions. In June 2018, following a change in government, it was announced that the licensing requirements would not be enforced before 1 February 2019.

Consumer and Business Services (CBS) have since announced that they will no longer accept applications for labour hire licences. Additionally, if the Act is repealed, CBS indicate that they will offer refunds to those who have already applied and paid for a license.

CBS has announced that they expect that legislation to repeal the Act will be introduced to the Parliament by the end of this year.

What does this mean for employers?

 As the labour hire licensing scheme requirements were not due to commence before 1 February 2019, there is no immediate impact to South Australian employers and no steps to be taken in preparation.  Other jurisdictions (Queensland and Victoria) do have laws in operation to require licensing in labour hire situations.  Businesses operating across jurisdictions should see their own specific advice.

Employers can keep updated by accessing https://www.cbs.sa.gov.au/labour-hire-laws/

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This Newsletter is made available to our clients and interested parties to provide immediate access to information about important changes and developments relevant to employers. The information contained in this publication should not be relied on as legal advice and should not be treated as a substitute for detailed advice that takes into account particular situations and the particular circumstances of your business.