From 1 September 2018 any business that provides workers to another person/business and continues to pay the workers must hold a labour hire licence.
Licensed security and investigation agents are exempt from these requirements, unless they are subject to employee conditions. The exemption was granted on 14 March 2018, as recorded in the SA Government Gazette.
These occupations are already subject to rigorous testing to meet fit and proper and qualification requirements before they are granted a licence under the Security and Investigation Industry Act 1995.
An exemption has also been granted for licensed builders, plumbers, gas fitters and electrical contractors.
It is important to note that any employer must use a licensed labour hire provider when requesting workers for their own business (eg temporary admin staff), unless that provider is covered by an exemption. From 1 September 2018, the maximum penalty for engaging an unlicensed provider will be $400,000 for a company, or $140,000 or 3 years imprisonment for an individual.
For more information about when a labour hire licence is or isn’t required, please visit the labour hire licence webpage on sa.gov.au or contact Consumer and Business on 8204 8512.