News & Security Advice

Queensland

Queensland Labour Hire Licensing Update

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.

Queensland Labour Hire Licensing – Security Providers

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 labourhire@oir.qld.gov.au.

For more information  - Labour Hire Licensing Questions and Answers

Consultation – Queensland Labour Hire Licensing Regulation

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 labourhirereg@oir.qld.gov.au.

Submissions will close on Friday 2 February 2018.

ASQA cancels security qualifications issued by Premier Training Institute and Sage Academy Training Pty Ltd

Premier Training Institute

The Australian Skills Quality Authority (ASQA) has announced its intention to cancel 434 sham qualifications and statements of attainment issued to 277 individuals by former training provider Premier Training Institute Pty Ltd (PTI).

ASQA cancelled PTI’s registration as a provider of vocational education and training (VET) in March because of its critical non-compliance with the national training standards. ASQA contends that the company was issuing qualifications and statements of attainment without providing legitimate training.

This behaviour is not the typical ‘non-compliance’ detected by ASQA during its regulatory work, where training organisations are actually providing training and assessment but are not fully meeting their regulatory obligations.

After reviewing the provider’s assessment records, ASQA has decided to cancel all qualifications and statements of attainment issued by PTI because it believes the holders of the qualifications have not been properly trained and assessed.

ASQA has endeavoured to contact - by post and email - the individuals involved using details contained in the provider’s files and information from the Queensland security licensing body.

It is important that anyone who received a qualification and/or statement of attainment through PTI read and understand the information sent to them.

The cancellation of the qualifications and/or statements of attainment is not automatic – individuals have the opportunity to submit evidence and information to ASQA as to why their qualifications should not be cancelled.

However, should ASQA proceed to cancel the qualifications and statements of attainment, individuals who still desire to be credentialed will have to regain their qualification through another training provider.

Any student who has received a qualification from PTI and has not received a letter should immediately contact qualifications.review@asqa.gov.au or the ASQA Info Line on 1300 701 801. Anyone who would like more information can visit www.asqa.gov.au/students/premier-training.

Sage Academy Training Pty Ltd

The Australian Skills Quality Authority (ASQA) has announced its intention to cancel sham security or security-related qualifications and statements of attainment issued by the now de-registered training provider Sage Academy Training Pty Ltd (RTO number 41505, Sage Academy).

ASQA cancelled Sage Academy’s registration as a provider of vocational education and training (VET) in 2017 because of its critical non-compliance with the national training standards. ASQA contends that the company was issuing qualifications and statements of attainment without providing legitimate training and assessment.

This behaviour is not the typical ‘non-compliance’ detected by ASQA during its regulatory work, where training organisations are actually providing training and assessment but are not fully meeting their regulatory obligations.

ASQA is endeavouring to contact – by post, email and SMS - the individuals affected.

It is important that anyone who received a security or security-related qualification and/or statement of attainment through Sage Academy read and understand the information sent to them.

The cancellation of the qualifications and/or statements of attainment is not automatic – individuals have the opportunity to submit evidence and information to ASQA as to why their qualifications should not be cancelled.

However, should ASQA proceed to cancel the qualifications and statements of attainment, individuals who still desire to be credentialed will have to regain their qualification through another training provider.

Any student who received a security or security- related qualification from Sage Academy and has not received a letter – or anyone who would like more information – should visit www.asqa.gov.au/students/sage-academy, contact the ASQA Info Line on 1300 701 801 or email qualifications.review@asqa.gov.au.

Commonwealth Games Security Officer

Training requirements and job vacancies.for Security Officers interested in working at the Commonwealth Games.  Commonwealth Games Security Officer

If you’re a Sydney or New South Wales based licensed security officer you need to register with one of our preferred providers before the end of 2017.

Please email your details to one of our preferred providers or visit SEEK to view all available security roles.

For further information, please call (07) 5618 2018 during business hours

 

Queensland Adult Proof of Age Card Changes

The Queensland Department of Transport and Main Roads (TMR) has advised SPAAL of proposed changes to Adult Proof of Age Card (APA).

Currently, a person is eligible for an APA Card if they are 18 years of age or older. In recognition of the need to provide younger people with a form of photo identification, the eligibility age is being amended to 15 years of age and the card will become a Photo Identification Card. The design of the Photo Identification Card will be different to the APA Card to avoid any confusion between the two products.

Security personnel responsible for controlling entry to licensed premises will need to check the date of birth on the Photo Identification Card as they would currently do for other forms of photo identification, such as a learner or provisional driver licence. Photo Identification Cards will be able to be scanned by ID scanners.

APA Cards will remain an acceptable form of photo identification and security personnel can still confidently accept an APA Card as proof that the person is 18 years of age or older. APA Cards will still be able to be scanned by ID scanners.

TMR anticipates that Photo Identification Cards will commence being issued in early 2018.

Please find attached a copy of the Photo Identification Card design for your information.

Adult Proof of Age Card Changes

Queensland Labour Hire Licensing Act 2017

The Labour Hire Licensing Bill 2017 was introduced by the Hon Grace Grace, Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs on 25 May 2017. Minister’s Introduction speech

The Bill was passed by the Queensland Parliament on 7 September 2017. Labour Hire Licensing Act 2017 and Explanatory Notes.

The Labour Hire Licensing Act 2017 establishes a mandatory labour hire licensing scheme to protect labour hire workers and safeguard those labour hire providers that are ethical and responsible. Key features of the Bill include:

  • labour hire providers to be licensed to operate in Queensland
  • persons who engage labour hire providers to only engage only licensed providers
  • labour hire licensees to satisfy fit and proper person test to establish that they are capable of providing labour hire services in compliance with all relevant laws and that the labour hire business is financially viability
  • licensees to report regularly on labour hire and associated activities including accommodation, and in relation to compliance with relevant laws
  • strong penalties for breach of obligations
  • establishing a labour hire licensing compliance unit with a field services inspectorate with responsibility for awareness, monitoring and enforcement functions.

Refer to Frequently Asked Questions for more information.

A labour hire licensing website will be published to provide information about the scheme and employment rights and obligations for labour hire providers, users of labour hire and workers. Labour hire providers will also be able to apply for a licence and provide their reports online. Users of labour hire and workers will be able search a register of licensed labour hire providers so that they can verify that they are dealing with legitimate businesses. Complaints or concerns about a labour hire provider or labour hire arrangement can also be lodged through the website or by directly contacting the labour hire licensing compliance unit.

The Queensland labour hire licensing scheme is expected to be up and running in 2018.

New Queensland Workplace Health and Safety Laws

On 22 August 2017 the Minister for Employment and Industrial Relations, Minister for Racing and Minister for Multicultural Affairs, Hon. Grace Grace MP, introduced the Work Health and Safety and Other Legislation Amendment Bill 2017 into the Queensland Parliament.

The Bill proposes some significant changes to Queensland’s Work Health and Safety Act 2011 (‘WHS Act)’, including a new, criminal offence for industrial manslaughter, carrying up to 20 years’ imprisonment for individuals and $12,615,000 for bodies corporate.

The Bill adopts some of the 58 recommendations made in an independent review that was commissioned last year following a number of fatalities at Dreamworld and Eagle Farm Racecourse. The review identified several holes in public safety regulations and has prompted the Queensland government to act quickly.

Industrial Manslaughter

Fundamentally, the criminal offence for industrial manslaughter will apply to persons conducting a business or undertaking (‘PCBU’) as well as ‘senior officers’, which is defined to mean those with a high level of executive decision-making power. It also requires an element of negligence on the part of the offender – as opposed to recklessness currently addressed by category 1 offences under the WHS Act – and conduct which substantially contributes to death.

Independent Statutory Office

In addition to creating new offences, the Bill proposes to establish an independent statutory office for work health and safety prosecutions. A WHS Prosecutor will be appointed for a five year renewable term and will adopt the power to conduct and defend court or tribunal proceedings currently given to the WHS Queensland Regulator. Indictable offences will continue to transfer to the Director of Public Prosecutions for decision and action.

Review of Decisions by WHSQ Inspectors

Further amendments include the new power for WHSQ Inspectors to make determinations or directions and the transfer of jurisdiction to review their decisions from the Queensland Civil and Administration Tribunal (‘QCAT’) to the Queensland Industrial Relations Commission (‘QIRC’). A failure comply with directions (such as the direction to allow a permit holder to enter the workplace) may result in a penalty against the individual of up to $12,615.

If the Bill is passed, the QIRC will become the primary body for disputes. It will be given new powers to hear and determine – in any way it thinks fit – disputes between a PCBU’s, workers, health and safety representatives and relevant unions. Where the QIRC becomes involved, internal reviews of the business will cease and the decision of a WHSQ inspector will remain on foot until further notice.

Mandatory Compliance with Codes of Practice

Duty holders will be required to comply with relevant Codes of Practice, which provide practical guidance on how to achieve compliance with WHS laws, unless they can show that they go above and beyond the standard prescribed in these documents. This reinstates a previous requirement of the repealed Workplace Health and Safety Act 1995 (Qld).

Further Changes

Other legislative changes proposed by the Bill include:

  • Prohibiting enforceable undertakings in response to contraventions of the industrial manslaughter provisions and category 2 offences resulting in a person’s death;
  • Reintroducing the non-mandatory option of appointing WHS Officers in the workplace with general functions such as identifying hazards and risks, undertaking annual assessments, investigating incidents and establishing appropriate training programs;
  • Mandating appropriate training for Health and Safety Representatives within 6 months of being elected and refresher courses every 3 years;
  • Clarifying an inspector’s powers under s 171 of the WHS Act; and
  • Clarifying a PCBU’s right to refuse access to confidential commercial information under s 70 of the WHS Act.

What does this mean for my business?

The proposed Bill indicates a shift towards the pre-harmonised model safety legislation adopted in Queensland. It provides for a new method of regulation and more safeguards to prevent and deter fatalities from occurring within the workplace.

Interested parties with concerns about this Bill are invited and encouraged to make submissions to the Finance and Administration Committee by 14 September 2017. How to make a submission

Queensland Government invests in security training for a safe Commonwealth Games

To ensure the Gold Coast 2018 Commonwealth Games is the safest and most successful Games ever, the Palaszczuk Government is investing $2 million in training for 1000 extra security guards.

Minister for Training and Skills Yvette D’Ath said the security and training boost would support the delivery of a safe and successful event for athletes, staff, volunteers and visitors.

“The new, fully-trained officers will boost the security guard ranks to 4200 personnel working at the Commonwealth Games,” Mrs D’Ath said.

“Importantly, they will be equipped with the skills needed to maintain community safety before, during and after the Games.

“The new security guards will undergo training to attain a Certificate III in Security Operations and students will be encouraged to obtain two separate industry security licences as an unarmed guard and crowd controller.

QLD Government invests in security training for a safe Commonwealth Games

Commonwealth Games Security Officer

Mandatory licensing scheme for Labour Hire companies operating in Queensland

The Queensland Government will introduce mandatory licensing of labour hire companies in a bid to crack-down on rogue operators exploiting and mistreating vulnerable workers.

Under the proposed mandatory licensing scheme, all labour hire providers operating in Queensland would need to:

  • pass a fit-and-proper person test
  • comply with strict workplace laws, including workers’ compensation, wages and superannuation
  • pay a license fee;
  • report regularly on their operations; and
  • divulge the number of employees they have engaged, along with the number of employees engaged through work visa arrangements

The proposed new laws will be backed by stiff penalties and some offenders will be liable for criminal prosecution. A compliance unit will also be established to check licence holders for continued compliance with their licence conditions, and investigate complaints.

Legislation to give effect to mandatory labour hire licensing will be introduced in May, with the scheme expected to be up and running in 2018.