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Incomplete applications are causing delays

Since applications opened on 29 April, the Labour Hire Authority (Authority) has noticed that many labour hire providers have made simple mistakes in their applications which has caused delays.

To help applicants gather the information needed to complete a licence application the Authority has put together a helpful application guide checklist. Please use the guide to ensure that everything is provided in the application for us to complete the assessment of your application. 

The most significant causes of delayed assessments are outlined below.

Control of your account and declarations 

Several applications have been commenced by persons who do not control the business, for example, external accountants and administrative assistants.  Doing this causes significant delays and may lead to the Authority deciding to refuse to grant a licence and where a false declaration has been made, commence legal proceedings.  

The person who controls the labour hire business must be the person who controls the labour hire licence account.  Declarations that need to be made about the application also must be made by the person who controls the business.  

If you are a labour hire provider who has not set up an account, make sure the account is created and controlled by the person who controls the business and that all information provided in the application is declared to be true by that person (Nominated Person). The Nominated Person must create the account with their full legal name as shown on certified identity documents. The account details for the Nominated Officer are pre-filled from the online account into the application form, so it is important that the details are the same as those on the identity documents.
The Labour Hire Licensing Online portal was designed to help protect applicants from having their accounts compromised by third parties and to ensure that the declarations are made by the person who controls the labour hire business.

The LHA is in the process of contacting applicants who have supplied incorrect information or failed to submit the necessary consents and declarations.

Identity documents must be certified

Every relevant person in relation to an application must be a fit and proper person.  One of the ways the Authority tests this is by submitting the relevant person’s certified identity documents to the Australian Criminal Intelligence Commission (ACIC).  Using the documents, the ACIC conducts a variety of searches and reports back to the Authority.  Without certified copies of identity documents the ACIC cannot conduct the searches and it will be difficult for the Authority to be satisfied the relevant person is a fit and proper person for the purposes of the application.

WorkCover and tax compliance

The Authority expects providers to provide true and accurate information in their application for a licence. This includes information about compliance with workplace and taxation laws.

WorkCover Some providers have not registered all of their employees for WorkCover. Please ensure that your Certificate of Currency for WorkCover insurance is valid for all employees.

Tax compliance Some applicants are providing the Authority with the wrong taxation documents. Please provide all of the relevant information for the Authority to assess your application which must include a copy of your last lodged tax documents. The names of the documents vary depending upon your type of company. Please check our website if you are uncertain.

31 July 2019

Hosts can still use labour hire providers during the transition period

From 30 October 2019, hosts must only use licensed labour hire providers or providers that have applied for a licence and it has not been refused.

Hosts can find out whether their current or planned provider has applied for a licence by checking the “Received Labour Hire Application public register” on our website.

In the interim, hosts may still use labour hire providers that are unlicensed until 30 October 2019.

31 July 2019

Changes to the labour hire licence application online portal

Host lists

The Authority is in the process of changing the application form to remove the requirement for applicants to provide the Authority with information about their hosts.  If you are using the application form prior to the change being implemented you may upload a document with no data. The Authority will request this information from an applicant as part of the assessment phase, when required.


Enforceable undertakings

Once changed, the application form will no longer ask the applicant to upload copies of any relevant enforceable undertakings, if available.  If you are using the application form prior to the change being implemented you are not required to upload copies of relevant documents. The Authority will request further information when required.  A relevant person will still need to declare whether in the last 5 years they, or a body corporate of which the person was an officer, has been found by a court, tribunal or regulator to have contravened a workplace law, a labour hire industry law or a minimum accommodation standard, or given an enforceable undertaking (however described) in respect of an alleged contravention of a workplace law, a labour hire industry law or a minimum accommodation standard.

30 July 2019

Upcoming Events

The Authority will continue to provide information sessions about the labour hire licensing scheme across metropolitan and regional Victoria.

The following are scheduled in August.


9 August 2019 at 1:30pm - Melbourne CBD

12 August 2019 at 1.30pm - Yarra Valley

30 August 2019 at 10:30am - Melbourne CBD

 

More sessions will be added. Please visit our website and register as sessions become available.

29 July 2019