Following commencement of the Labour Hire Licensing Act 2017 (the Act), the LGA provided advice to councils that arrangements where a council on-hired an employee to another council would be captured by the Act, but that the Act allowed for exemptions from the licensing requirements. The LGA advocated for a local government exemption from the requirement to be licensed on the basis that staff sharing arrangements between councils were not intended to be captured by the scheme. Enforcement of the licensing scheme was delayed by the State Government while a repeal of the Act was considered by Parliament; repeal has not occurred.
Consumer and Business Services (CBS) recently announced that it will recommence accepting labour hire licensing applications under the Act.
Coinciding with CBS’s announcement, the Commissioner for Consumer Affairs granted exemptions from the requirement to be licensed under section 11 of the Act, as published in the Government Gazette No 26 p 1735 (6 June 2019), including to:
A person who provides labour hire services where the provision of such services is not a core function of the person’s business or undertaking.
Following conversations with CBS, the LGA Secretariat believes councils are covered by the above exemption and are not required to be licensed for the purposes of the Act.
The Labour Hire Licensing Act fact sheet on the LGA's Policies, Codes and Guidelines webpage has been updated accordingly.
For more information please contact Alicia Stewart (firstname.lastname@example.org).