Labour hire providers applying for a licence (applicants) will be required to tell the Labour Hire Authority (the Authority) if any relevant person involved in the labour hire business intends to procure or provide transport in connection with the labour hire service. Essentially, the Authority wants to know about transport that the applicant has or will take steps to obtain, or to supply.
If an applicant does intend to provide or procure transport in connection with the labour hire service, they will be asked to make a declaration that the transport complies with ‘all applicable laws relating to transport’. This includes, but is not limited to:
- Road Safety Act 1986 (Vic.), including the following regulations:
- Road Safety (Drivers) Regulations 2009 (Vic.)
- Road Safety (Vehicles) Regulations 2009 (Vic.)
- Road Safety Road Rules 2017 (Vic.)
- Heavy Vehicle National Law (Victoria).
You should ensure that that you are familiar with your obligations in relation to the provision of transport to workers, but in general, the Authority will be looking to ensure that:
- drivers of vehicles transporting workers are appropriately licensed for the class of vehicle they are operating
- if the driver of the vehicle holds a foreign licence (other than New Zealand), that the licence is:
- written in English, or is accompanied by an English translation
- contains a full explanation of any conditions to which the licence is subject and the category of vehicle for which the licence has been issued (note: an international driving permit will satisfy this criteria)
- if the driver of the vehicle is the holder of a permanent visa:
- less than 6 months has elapsed since the person arrived in Australia, where the visa was issued when the person was outside Australia; or
- less than 6 months has elapsed since the visa was issued, where the visa was issued to the person while they were in Australia
- if the labour hire licence holder is not the person driving the vehicle, they must not employ or engage a person, whether under a contract of employment or as a voluntary worker, to drive a motor vehicle if the driver does not hold a licence or permit that authorises the driver to drive the motor vehicle
- the vehicle, and if relevant, any trailers, are registered and comply with any limits regarding mass and dimension limits
- if the vehicle used to transport the workers is covered by the Heavy Vehicle National Law (Victoria) (such as a bus or a light bus), that the vehicle and the operation of that vehicle complies with the additional requirements under that scheme, such as fatigue management measures.
A labour hire licence holder must not allow, permit or cause another person to drive a motor vehicle knowing that the other person does not hold a licence or permit that authorises the other person to drive the motor vehicle.