What is annual reporting?
Licensed labour hire providers must report every 12 months on their labour hire activities for the previous 12 months.
The first reporting period covers the first 12 months from the date a licence is granted. The following reporting period covers the 12 months after the previous reporting period ends.
For example, if your licence commenced on 2 October 2020, your annual report is due on 29 October 2021. The period you are reporting on is 2 October 2020 – 2 October 2021.
The annual reporting period’s start and end dates can be found in your LHLO account.
Lodging your annual report
How do I lodge my annual report?
Your annual report is lodged by answering a series of questions through your LHLO account.
You will receive a notification email asking you to log into your LHLO account when it is time to complete your annual report.
Who should complete the annual report?
When do I need to lodge my annual report?
Labour hire providers have 28 days from the end of each reporting period to lodge their report.
Your annual report due date can be found in your LHLO account.
Legislative requirement to report information to LHA
Under the Labour Hire Licensing Act 2018, it is a condition of every licence that the licence holder must provide LHA with information about their labour hire activities every 12 months.
Failure to comply with a licence condition may result in:
a significant fine with a maximum penalty for a natural person exceeding $33,000 or $132,000 for a corporation
the licence being suspended, cancelled, or varied.
What if I cannot lodge my report within 28 days?
If you have any problems lodging your report on time, please contact the Authority before your reporting period ends to discuss your individual circumstances.
What happens after I lodge my annual report?
Once the annual report has been completed and lodged with the Authority, there is no need for you to contact us about the status of your annual reporting obligations.
Your annual report will be provided to a licensing officer where the information will be reviewed. It may also be reviewed by a compliance and enforcement officer. We also work with other Victorian, Commonwealth and interstate agencies to complete checks to improve the transparency and integrity of the labour hire industry and prevent the exploitation of labour hire workers by providers and hosts.
If your annual report is incomplete, or you have not provided the relevant documents, the Authority will contact you via the LHLO account.
The Authority may also need to contact you, or a relevant person, to provide further information relating to the responses provided. We will also do this through the LHLO account.
Guide to annual reporting
What information is required for my annual report?
Annual reporting involves the nominated officer answering questions regarding their labour hire activities over the past 12 months.
All questions must be answered to complete the annual reporting. The nominated officer will also be required to upload documents to support of some of the answers required by the Authority.
Providers must report whether they were registered with Australian Taxation Office (ATO) for Goods and Services Tax (GST), Pay As You Go (PAYG) withholding tax and Fringe Benefits Tax (FBT).
Providers must report whether they were registered with WorkSafe Victoria or another WorkCover authority. You will be required to upload a valid Certificate of Currency issued by a WorkCover Authority. Providers can attach the document in a variety of formats including PDF, PNG, JPEG, JPE and JPG.
If the provider is not registered, you will be required to provide a reason.
Please note that Public Liability Insurance is not the same as WorkCover.
Number of workers
Providers must report how many workers they supplied to host businesses.
You must report how many of those workers were:
- independent contractors, and
- engaged as both an employee and independent contractor.
Location of workers supplied
Providers must report which Victorian regions they supplied workers to, and if workers were supplied interstate and internationally.
Victoria’s regions include
- Barwon South West
- Loddon Mallee
- Melbourne Metropolitan
For an interactive map to find regions by postcode, please visit Regional Development Victoria.
Accommodation and other goods or services provided to workers
Providers must report whether they:
- provided, or otherwise organised for accommodation for the workers
- provided any other services such as transport, meals or equipment. This relates to those arrangements where the worker was required to contribute financially. This might be by charging the worker, making a deduction from wages or reducing wages.
You will be asked to outline the services or goods provided to workers.
Workers with temporary visas
Providers must report whether they supplied workers that are holders of temporary visas. You must report the visa type and number of workers holding each visa .
Industries workers are supplied to
Providers must report if they supplied workers to the following industries:
- cleaning in relation to commercial premises
- horticulture industry
- meat and/ or poultry processing industry.
The Authority will also ask you to select all other industries that the provider supplied workers to.
Providers must report
- if they complied with the obligations under the National Employment Standards (NES)
- the industrial instruments that determine the pay and terms and conditions of the workers that the provider supplied to hosts
- the occupations of independent contractors they supplied to hosts.
Industrial instruments are legally enforceable documents that apply to your workers which includes Awards, Enterprise Agreements and Contracts that apply to independent contractors.
You will be required to attach supporting documentation for piecework agreements. Documents can be attached in a variety of formats including PDF, PNG, JPEG, JPE and JPG.
The Authority will ask if the nominated officer, a relevant person, or a body corporate of which the relevant person is an officer of has:
- been investigated by a regulator, facing proceedings in a court or tribunal, or contravened relating to labour hire industry law, workplace law or minimum accommodation standards;
- been required to notify a regulator of an occupational health and safety incident; and/or
- been subject of a claim for workers compensations or damages under workers’ compensation laws.
You will be required to upload supporting documents if any of these circumstances apply.
You will be required to declare whether the provider complied with:
- taxation laws
- superannuation laws
- occupational health and safety laws
- workers’ compensation laws
- labour hire industry laws
- workplace laws
- migration laws
- applicable minimum accommodation standards
- any other laws prescribed in the Labour Hire Licensing Regulations 2018.
If you declare that the provider did not comply, you will be required to provide an explanation for the non-compliance.