If you’re advertising your ability to provide labour hire services throughout Australia – as many agencies do – please take a moment to consider whether you could be committing an offence in Queensland, South Australia, or Victoria if you don’t hold a licence in those States.

It’s not enough to hold a licence in just one State. That appears to be so regardless of where your business is located, because all three States have a provision that says it’s an offence to advertise your willingness to provide labour hire services unless you hold their licence[1]. They’ve also bestowed inter-state operation on their labour hire licensing laws.[2]

The Australian Capital Territory’s scheme, which has not commenced yet, does not appear to have a similar provision. However, whether advertising the ability to supply labour hire services in the Territory without holding a licence could be prosecuted as an attempt to commit an offence may be a question that warrants careful consideration.

So, have a look at what you claim, on your websites and in your marketing materials, to be able to do, and get it checked out.

Andrew C. Wood

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[1] Qld s, 10(2); SA s. 11(2); Vic s, 14.

[2] Qld s. 5; SA s. 4; Vic s. 6.