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News update
27/09/2019
News update

Portable Long Service Scheme: Reminder to register by 30 September 2019

NDS members are reminded to check if they need to register by 30 September for the new Portable Long Service Scheme.
News update
27/09/2019
News update

New legislation for labour hire providers

Under new Victorian legislation, labour hire providers are required to be licensed to operate.
Policy News
26/09/2019
Policy News

Work progressing on new Registration Scheme for Victorian Disability Workers

The recent Victorian Disability Service Safeguards Act 2018 brings into operation a voluntary Disability Worker Registration Scheme and a Code of Conduct.

New legislation for labour hire providers

Disability symbol on keyboard

27/09/2019

I need to know this because:
  • To operate legally in Victoria from 30 October 2019, labour hire providers must have applied for, or have a labour hire licence.
  • Significant penalties will apply to providers who are not operating legally, or host providers engaging unlicensed labour hire providers.
  • Host providers have obligations on them to only use licensed labour hire providers to obtain the services of labour hire workers.
  • The Labour Hire Authority is urging providers to submit complete applications early as they will be added to the online register on their website.

Providers who enter into labour hire arrangements or host providers who use labour hire providers to obtain the services of labour hire workers need to be aware of Victoria’s new Labour Hire Licensing Act.

To operate legally in Victoria from 30 October 2019, labour hire providers must have applied for, or have a labour hire licence. Significant penalties will apply to providers who are not operating legally, or host providers engaging unlicensed labour hire providers. 

Labour hire providers

A labour hire provider is a business that has an arrangement with one or more individuals under which the business:

  • supplies the individuals to perform work in and as part of a host’s business or undertaking and the provider is obliged to pay the individual for performance of the work;
  • in the course of providing recruitment or placement services, recruits individuals for, or places the individuals with a host who has to pay the individuals to perform work in and as part of the host’s business or undertaking and the provider procures or provides accommodation for the individuals for some or all of the period that they are working with the host; or
  • in the course of conducting contractor management services recruits the individuals as independent contractors to perform work in and as part of a host’s business or undertaking and manages the contract performance by the independent contractors.

Further information on the definitions of a labour hire service provider and requirements under the Act is available on the Labour Hire Authority website.

NDS is aware that some NDS members operate as labour hire organisations or work with labour hire providers. It is suggested that organisations providing home care, personal care or support work in home read this scenario to determine if they will need to be licensed under the Labour Hire Licensing Act.

Under the regulations, some classes of workers are excluded from the Scheme, such as secondees, students, workers from within the host entity (group entities), public sector employees and persons undertaking a vocational placement. 

Host providers

Host providers have obligations to only use licensed labour hire providers to obtain the services of labour hire workers, and can check the website for the online Register of Licensed Labour Hire Providers.

Hosts will be prohibited from using an unlicensed labour hire provider, and hosts doing so will be exposed to significant fines, with a maximum penalty exceeding $500,000.

The Labour Hire Authority

The Labour Hire Authority is urging providers to submit complete applications early so they can be added to the online register on their website for host providers.  If a decision has not been made by 29 October 2019, providers may continue to operate until a decision is made on their licence. An application guide and checklist is available.

For further information, providers may choose to subscribe to the Labour Hire Authority’s enewsletter, call 1300 545 200, or email .

Contact information
Anthea Gellie, Senior Policy Officer, NDIS Sector Development Project, 03 8341 4330,