People that need to be fit and proper are:
- each applicant
- each proposed nominated officer
- each executive officer (if the applicant is a corporation).
For partnerships, all partners are applicants and must be fit and proper.
Each of the relevant people will have to declare that they are a fit and proper person to provide labour hire service. A signed copy of the relevant person's declaration must be kept.
To establish if the relevant person is fit and proper the Chief Executive may consider if the person:
- has been convicted of any serious criminal offences
- has been convicted of an offence under a relevant law in the past five years
- has, in the past five years, applied for, or held, a Queensland or interstate labour hire licence that has been refused, suspended, cancelled, had a condition imposed, or disciplinary action taken against
- has, in the last five years, had applied for, or held, a statutory licence, accreditation or authority to carry out a business or practice in an occupation that has been refused, suspended, cancelled, a condition imposed or disciplinary action taken
- has been cautioned, suspended, cancelled or refused by a professional or industry body.
- has been insolvent or disqualified from managing corporations under the Corporations Act 2001
- has been an executive officer of a corporation while it was placed into administration, receivership or liquidation
- is under the control of, or substantially influenced by another person who is not a fit and proper person to provide labour hire services.
The Chief Executive may also make an inquiry about an applicant's criminal history for the purposes of determining whether they are a fit and proper person.
The Chief Executive will consider all relevant factors in deciding if the person is fit and proper. Each case is considered individually, taking into account the seriousness of, and circumstance surrounding the matter in question. The Chief Executive will consider the explanation offered, the relevance of any conviction, rehabilitation and evidence that the matter will not reoccur.
Serious criminal offence means an offence that is punishable on conviction by imprisonment of two years or more (an indictable offence) and involving any of the following:
- intentional use of violence towards another person
- causing of death or injury to a person
- endangerment of the life or health of a person
- rape or sexual assault of a person
- indecent treatment of a child
- child pornography
- the abduction, kidnapping or deprivation of liberty of a person
- theft of property
- importing, exporting, trafficking or producing drugs
- burglary or the unlawful entry of property
- importation, sale, misuse or concealment of weapons
- fraud, dishonesty, extortion or bribery
- damage or destruction of property or the environment
- breach of the peace or public order
- hindrance of, or interference with, the administration of law or justice or the conduct of a government entity or public authority.
Serious criminal offences also includes offences of counselling, procuring, or conspiring to commit any of the above that are also punishable on conviction by imprisonment of two years or more.
Illegal phoenix activity is when a new company is created to continue the business of an existing company that has been deliberately liquidated to avoid paying taxes, creditors and employee entitlements. Key government agencies are working together through the Phoenix Taskforce to protect public revenue, businesses and employee entitlements by reducing and deterring illegal phoenix activity. If you suspect phoenix behaviour, you can report it:
- by calling the phoenix hotline on 1800 807 875
- by email at phoenixhotlinereferrals [at] ato.gov.au
- Age Discrimination Act 2004 (Cth)
- Anti-Discrimination Act 1991 (Qld)
- Australian Human Rights Commission Act 1986 (Cth)
- Building and Construction Industry (Portable Long Service Leave) Act 1991 (Qld)
- Child Employment Act 2006 (Qld)
- Coal Mining Safety and Health Act 1999 (Qld)
- Contract Cleaning Industry (Portable Long Service Leave) Act 2005 (Qld)
- Disability Discrimination Act 1992 (Cth)
- Electrical Safety Act 2002 (Qld)
- Explosives Act 1999 (Qld)
- Fair Work Act 2009 (Cth)
- Fire and Emergency Services Act 1990 (Qld)
- Heavy Vehicle National Law Act 2012 (Qld)
- Independent Contractors Act 2006 (Cth)
- Industrial Relations Act 2016 (Qld)
- Labour Hire Licensing Act 2017 (Qld)
- Migration Act 1958 (Cth)
- Mining and Quarry Safety and Health Act 1999 (Qld)
- Payroll Tax Act 1971 (Qld)
- Queensland Building and Construction Commission Act 1991 (Qld)
- Racial Discrimination Act 1975 (Cth)
- Radiation Safety Act 1999 (Qld)
- Residential Services (Accreditation) Act 2002 (Qld)
- Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
- Safety in Recreational Water Activities Act 2011 (Qld)
- Sex Discrimination Act 1984 (Cth)
- Superannuation Guarantee (Administration) Act 1992 (Cth)
- Transport Operations (Marine Safety) Act 1994 (Qld)
- Transport Operations (Passenger Transport) Act 1994 (Qld)
- Work Health and Safety Act 2011 (Qld)
- Workers' Compensation and Rehabilitation Act 2003 (Qld)
- Any law or by law of a local council in relation to accommodation
- Corresponding state, territory or Commonwealth laws
A corresponding law is a law of another state, territory or the Commonwealth that provides for the same matter as a relevant Act or a provision of a relevant Act.
Last updated 01 July 2020