Members that offer warranties against defects on services, or when supplying goods combined with services, will need to comply with new requirements coming into effect on 9 June 2019.
A warranty against defects is a representation to a customer that if goods or services provided (or part of them) are defective, you will provide a remedy. A representation only counts as a warranty against defects if it’s made at the time the goods or services are provided.
When supplying services
Members that offer a warranty against defects when supplying services, they will need to display the following mandatory text:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
When supplying goods combined with services
Members that offer a warranty against defects when supplying goods combined with services, they will need to display the following mandatory text:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
There will be no change to the current mandatory text that traders use for warranties against defects when supplying goods alone.
You can find out more about warranties against defects on the OFT website
Training for a Queensland White Card must now be face to face with a Registered Training Organisation (RTO).
A Queensland white card is recognised in all Australian states and the Australian Capital Territory and Northern Territory. Queensland also recognises white cards issued from each of these areas.
Concerns about the effectiveness and quality of online training were raised by various stakeholders during the Best Practice Review of Workplace Health and Safety Queensland in 2017. In addition, similar concerns have been long held by work health and safety regulators in other jurisdictions including New South Wales and Victoria.
In response to these ongoing concerns, last year Workplace Health and Safety Queensland advised all registered training organisations that construction induction training would need to be delivered face-to-face from 1 February 2019, with an exception if a Queensland resident lives in a rural area greater than 100 km from an RTO approved to deliver this course.
This arrangement aligns with those in Northern Territory, South Australia, Victoria and New South Wales, where online delivery of construction induction training is not permitted.
Training for a white card is delivered under a national competency standard, with mutual recognition between states. This change in requirements responds to industry concerns regarding the quality of on-line training which has placed the mutual recognition of Queensland issued white cards at risk.
Visit worksafe.qld.gov.au or call 1300 362 128.
The Department of Transport and Main Roads (TMR) is developing a Digital Wallet to allow Queenslanders to store Government issued credentials and products securely on their mobile phone. The first products to be trialled will be Photo ID cards, Learner Driver Licences and Recreational Marine Licences.
The Digital Wallet will be piloted in a regional location in late 2019. In preparation we’re wanting to talk to businesses about how they use these credentials. This will help to ensure we are as inclusive as possible and design a solution that meets our customers’ needs.
To assist this, our research provider will be recruiting a range of businesses that currently utilise credentials (for example sighting, copying or scanning a driver licence or Photo ID card prior to conducting a transaction). To ensure an impartial and confidential approach we will utilize a third-party recruitment agency to secure candidates for research. SPAAL members may be contacted to participate.
Initial research will be conducted throughout May, with on-going research activities through to the end of 2019.
TMR will also be engaging regularly with stakeholders in the pilot region in the lead up to the pilot, with information packs, training materials and face-to-face visits to ensure the community and all stakeholder groups are ready for the pilot.
For further information about this project visit tmr.qld.gov.au/digitalwallet
The Department of Transport and Main Roads (TMR) is making changes to Queensland's Adult Proof of Age Card as well as improving on all the current card products issued by TMR.
Summary of the main changes
Eligibility for the Adult Proof of Age Card will reduce from 18 years to 15 years. As the card will now be an accepted form of identity for people under 18 years it will be renamed the Photo Identification Card. The Photo Identification Card will be valid for 10 years from the date of issue.
Other TMR issued card products, including driver licences, will also be upgraded to reflect updated security and contactless functionality. Changes to the face of the cards have also been made to improve the readability of the card.
The new Photo Identification Card and the Marine Licence Indicator will be available from 1 April 2019. The remaining cards (including Driver Licences, Heavy Vehicle Licences and industry authorities such as the High-Risk Work Licence) will be available by mid-June 2019.
What does it mean for you?
The introduction of the Photo Identification Card and the changes to the other card products should not have significant implications for you.
Adult Proof of Age Cards issued prior to 1 April 2019 remain valid until the expiry date shown on the card. All other card products issued prior to the rollout of the changes will remain valid until they expire or are otherwise cancelled. Upon renewal or reissue customers will receive an updated card.
The cards are the most technologically sophisticated licensing product in Australia, bringing Queensland into line with international counterparts. TMR anticipates that businesses will benefit from increased assurance that the identity card being presented by customers is genuine.
Please refer to the attached factsheets for more information.
The Office of Fair Trading (OFT) has recently taken action against the owner of a Gold Coast-based licensed security firm under theSecurity Providers Act 1993 (SP Act).
The person concerned was previously determined by the Federal Court to have breached workplace laws.
The Fair Work Ombudsman referred the matter to the OFT and a show cause notice was issued to assess whether the person was appropriate to hold a security licence and operate a security firm in Queensland.
After fully assessing the matter, the OFT decided such conduct was contrary to the person’s obligations under the SP Act.
In a decision dated 9 November 2018, the OFT concluded the person (along with the new security firm the person was operating) should be suspended from holding a licence for a twelve month period, commencing 8 April 2019. The new security firm may avoid suspension of its licence, if it excludes the person from any involvement in the firm for the period of suspension.
The decision puts the security industry in Queensland on notice that breaches of Federal and state workplace laws, such as under-award wages, ‘sham’ contracting, illegal phoenix activity and compromising security industry worker rights, will not be tolerated.
Offending persons and security firms involved in such breaches will be forced from the security industry, to ensure worker’s rights are properly protected and security industry participants obey the law.
The Security licence exemption for ID scanning guideline was approved by the Office of Fair Trading in July 2017 to provide liquor licensees with greater flexibility when managing the ID scanning requirements, brought in under amendments to the Liquor Act 1992. The exemption allowed persons who were not licensed as a crowd controller under the Security Providers Act 1992 to operate the ID scanners, provided they were supervised directly by a crowd controller.
The guideline has been reviewed after 12 months of operation. As a result, the guideline has been amended to allow an ID scanner operator to be unlicensed on the condition they are supervised indirectly by a licensed crowd controller on duty on the licensed premises. Access the guideline here.
A person scanning an ID will not need to be licensed as a crowd controller only if all of the following conditions are met:
- ID scanning is adopted either mandatorily or by election at the venue.
- The person is scanning a patron’s ID, as required by the Liquor Act 1992.
- The person scanning IDs is indirectly supervised while performing such duties at all times by a licensed crowd controller, who is employed on the licensed premises.
- If the ID scan identifies a banned patron, only a crowd controller may remove that person from on or around the premises.
- In any physical interaction between a licensed crowd controller and a patron, a person merely scanning a patron’s ID must avoid all involvement.
Importantly, nothing in the guideline reduces the general obligations of a licensee under the relevant legislation and accordingly, apart from the scanning of IDs, all other screening of the entry of persons deemed appropriate by the licensee, must properly be conducted by a crowd controller.
A practical example
When a patron wants to enter a venue, a host or hostess can perform the actual scanning of the patron’s ID into the ID scanner. A licensed crowd controller on duty at a licensed premises will directly or indirectly supervise the host or hostess operating the ID scanner.
As part of the indirect supervision, the crowd controller may separately and when deemed necessary from time to time, undertake any further checks on a patron in the entry screening process adopted by venue management, to ensure the patron conforms to the venue’s general admission criteria. For example, while their ID may scan without any issues, they may be excluded because they are unduly intoxicated, disruptive, or inappropriately attired or presented.
If the patron is banned or otherwise unsuitable to enter the premises, the licensed crowd controller will refuse entry in a firm, polite, non-confrontational and professional way and generally manage any direct interaction with patrons that the ID scanning staff are not trained or authorised to perform.
Ahead of the launch of Queensland's labour hire licensing scheme on 16 April 2018, the Labour Hire Licensing Regulation 2018 and explanatory notes are now available.
Existing labour hire providers will have until 15 June 2018 to apply for a licence, and can continue to operate while their licence application is being assessed. Labour hire providers who apply for a licence after 15 June 2018 must not operate until their licence is granted.
The Regulation clarifies that the licensing scheme does not capture the following unintended classes of workers:
- workers who are undertaking genuine secondments
- high income workers (who earn over $142,000 per annum and are not covered by an industrial instrument)
- a director of a business who is the only worker being supplied
- an employee who is engaged by an ‘employing entity’ within a single recognisable business and works only for and within that business
- an ‘in-house employee’ who may be temporarily supplied to another person.
An 'in-house employee' is an individual who:
- is engaged as an employee by the provider on a regular and systematic basis, and
- has a reasonable expectation the employment with the provider will continue, and
- primarily performs work for the provider other than as a worker supplied to another person to do work for the other person.
The Regulation sets out what further information is required for the licence application process and reporting, including:
- what an applicant's declaration of financial viability means, including examples of the types of financial documents needed to support the declaration
- how compliance with specified work health and safety, fair work, migration, anti-discrimination, transport and accommodation laws will be demonstrated
- the information that the Chief Executive must have regard to when considering if a person is fit and proper to be a provider of labour hire services
- what a licensee must report on.
The Regulation also establishes the licence fees for the scheme. Licence fees are calculated on wages paid during the previous financial year, or for a new business, projected wages anticipated for the financial year in which the application is made and the next financial year.
The fees payable are:
|Wages paid||Annual licence fee|
|$1.5 million or less||$1000|
|$1.5 million and up to $5 million||$3000|
|Over $5 million||$5000|
The Labour Hire Queensland website (labourhire.qld.gov.au) and info line (1300 576 088) will be available from Thursday, 12 April 2018. The website will provide comprehensive information about the scheme for labour hire providers, workers and users of labour hire services. Licence applications can also be made through the website from 16 April 2018.
A new mandatory labour hire licensing scheme Labour Hire Licensing Act 2017 will commence on 16 April 2018 and will apply to all labour hire providers operating in Queensland. The scheme contains significant amendments which will apply broadly, including to people and businesses that may not consider themselves in a labour hire arrangement.
The scheme establishes a mandatory business licensing scheme for the labour hire industry in Queensland requiring all labour hire providers to be licensed and requires all labour hire arrangement to be with licensed providers. It applies where work is performed by labour hire workers in Queensland, regardless of whether or not the labour hire worker or company is based in Queensland.
Who does the scheme cover?
- The scheme applies to labour hire providers in Queensland who in the course of carrying on a business supply workers to another person to do work.
- The scheme also covers the users of labour hire services in Queensland and requires that users of labour hire only use licensed providers.
- Interstate or overseas organisations that provide labour hire services in Queensland will need to be licensed if they operate in Queensland.
- If you supply workers to other persons to do work, you will most likely be covered by the scheme unless the Act or a Regulation provides otherwise.
- The Act does not cover:
- workers doing voluntary work
- students placed in work experience positions
- Pursuant to section 7(3), the following persons do not provide labour hire services merely because they are:
- a private employment agent under the Private Employment Agents Act 2005
- a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 engaging subcontractors to carry out the work;
- another person or class of person prescribed by regulation.
- However, if these persons provide labour hire services they will be within the scope of the Act.
Security providers should review their contracting arrangements to provide staff to ensure they comply with the new labour hire licensing requirements.
- The Labour Hire Licensing Act 2017 commences on 16 April 2018.
- To get a licence, a provider will need to satisfy a ‘fit and proper person’ test and establish their financial viability.
- Labour hire providers will have 60 days from this date to lodge an application for a licence. If an application is made within the 60 day period the obligations and penalties of the Act will not apply until the licence has been granted.
- The annual licence fee will be $1,000 (small labour hire provider), $3,000 (medium provider) and $5,000 (large provider).
- The penalties for breaching these obligations are significant, including financial penalties and imprisonment.
A Labour Hire Licensing website is currently being developed as well as a 1300 number for enquiries on the Labour Hire Licensing Act 2017. The website will contain further information about the scheme as well as access to applying for a licence.
If you would like to receive updates about the scheme, please email email@example.com.
For more information - Labour Hire Licensing Questions and Answers
The Labour Hire Licensing Act 2017 (LHL Act) establishes a mandatory labour hire licensing scheme to protect labour hire workers and responsible labour hire providers which will commence on 16 April 2018.
The LHL Act delegates a number of features of the licensing scheme to be determined by subordinate legislation. As part of developing the subordinate legislation, the Office of Industrial Relations is seeking feedback from stakeholders on proposals outlined in the consultation papers:
Consultation Paper 1: Development of Operational Regulations
Consultation Paper 2: Possible treatments to refine the scope of the labour hire scheme
Stakeholders are invited to submit detailed feedback using the templates accompanying the consultation papers.
The consultation papers and templates for providing feedback can be found at https://www.treasury.qld.gov.au/fair-and-safe-work/industrial-relations/regulation-labour-hire-industry/consultation-labour-hire-licensing-act/
Submissions can be emailed to the Office of Industrial Relations at firstname.lastname@example.org.
Submissions will close on Friday 2 February 2018.