Private Employment Agents Act 2005 - Queensland

Service summary

The purpose is to provide a code of conduct, the Private Employment Agents (Code of Conduct) Regulation 2005, as the main way of regulating the conduct of private employment agents in their relationships with persons looking for work or for workers.

The regulation includes a code of conduct for private employment agents, the code of conduct provides:

a) conduct standards for private employment agents;

b) principles for fair and ethical trading and dealing with work seekers;

c) standards of legislative knowledge for private employment agents;

d) the records that private employment agents must keep and provide; and

e) penalties for a contravention of the code.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Private employment agent

a person is a private employment agent if the person, in the course of carrying on business and for gain, offers to find: casual, part time, temporary, permanent or contract work for a person; or a casual, part time, temporary, permanent or contract worker for a person; or negotiates the terms of contract work for a model or performer; or a contract for a model or performer and arranges payments under it; or provides career advice for a model or performer. A person is not a private employment agent only because the person publishes for someone else, an advertisement about employment opportunities; or an advertisement offering employment opportunities with the person. Also, a person is not a private employment agent if, for an agreed rate of payment to the person, the person makes a worker of the person available to perform work, whether under a contract of service or a contract for service, for a client of the person; and the worker works under the clients direction; and the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.

Appeal

Appeal process

Lodgement

Compliance mechanisms and penalties

Inspectors authorised under the Act have powers to monitor compliance.

A prosecution for a charge of an offence must be by way of summary proceedings before an industrial magistrate.

Penalties may be imposed for such offences.

An injunction may be granted by the District Court against a private employment agent at any time restraining the private employment agent from either or both of the following:

  • engaging in stated conduct
  • acting as a private employment agent.

Review or appeal mechanisms

A person who is dissatisfied with the decision of an Industrial Magistrates Court in a proceeding for a charge of an offence against this Act may appeal to the Industrial Court.


Administering agency

Queensland Treasury
Private Sector Industrial Relations
Industrial Relations Services

Regulation(s) name

Private Employment Agents (Code of Conduct) Regulation 2015 (Queensland)

Contact details

Information Services
Queensland Treasury
Private Sector Industrial Relations
Industrial Relations Services


Phone:

07 3225 2299
mailbox@justice.qld.gov.au

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.