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.