Additional 11 Allow automatic registration in other jurisdictions when No change proposed. feedback a licence applicant pays a single fee in one jurisdiction The Victorian Government does not have the capacity to and allow a single course of compliance reporting for require other jurisdictions to automatically register a licence Centralised labour hire providers operating in multiple licensed applicant once they are provided a licence by, or pay a fee to, compliance jurisdictions. the Authority. Likewise, the Victorian Government does not reporting across have the legal capacity to require other labour hire licensing jurisdictions jurisdictions to accept reporting provided under the Victorian scheme. Additional 4, 5, 6, 14, The scope of the Authority should be extended to No change proposed. feedback 18, 21, 27, include emerging employment models. The scheme is necessarily based on existing employment and 28 workplace frameworks. The planned reviews of the scheme can Extension of consider emerging models. Labour Hire Licensing Authority’s functions and powers Additional 32 Require a notice to comply regulation 20 to No changes proposed. feedback set out the material facts upon which it is Regulation 20(c) requires that a notice to comply must include reasonably believed that provisions of the Act Notice to the grounds for suspension or cancellation that are reasonably or the Regulations have been contravened and believed to which would cover the relevant material facts. comply what material facts in relation to the relevant It is not proposed to specify a minimum period of time to grounds for suspension or cancellation are comply with a notice to comply. It is considered necessary to reasonably believed to exist. provide the Authority with the flexibility to set compliance periods relevant to the particular issues of each case. Specify a minimum period of time to comply with a notice to comply.
Additional feedback Centralised compliance reporting across jurisdictions 11 Allow automatic registration in other jurisdictions when a licence applicant pays a single fee in one jurisdiction and allow a single course of compliance reporting for labour hire providers operating in multiple licensed jurisdictions. No change proposed. The Victorian Government does not have the capacity to require other jurisdictions to automatically register a licence applicant once they are provided a licence by, or pay a fee to, the Authority. Likewise, the Victorian Government does not have the legal capacity to require other labour hire licensing jurisdictions to accept reporting provided under the Victorian scheme. Additional feedback Extension of Labour Hire Licensing Authority’s functions and powers 4, 5, 6, 14, 18, 21, 27, 28 The scope of the Authority should be extended to include emerging employment models. No change proposed. The scheme is necessarily based on existing employment and workplace frameworks. The planned reviews of the scheme can consider emerging models. Additional feedback Notice to comply 32 Require a notice to comply regulation 20 to set out the material facts upon which it is reasonably believed that provisions of the Act or the Regulations have been contravened and what material facts in relation to the relevant grounds for suspension or cancellation are reasonably believed to exist. Specify a minimum period of time to comply with a notice to comply. No changes proposed. Regulation 20(c) requires that a notice to comply must include the grounds for suspension or cancellation that are reasonably believed to which would cover the relevant material facts. It is not proposed to specify a minimum period of time to comply with a notice to comply. It is considered necessary to provide the Authority with the flexibility to set compliance periods relevant to the particular issues of each case.
Response-to-Public-Submissions-on-the-Exposure-Draft-Labour-Hire-Licensing-Regulations-2018.docx