Queensland labour hire licence – Information waiver policy

Implementation date: 1 July 2018

Version: 1

Purpose of policy

To document the waiver of the information requirement to provide the applicant’s Australian Business Number (ABN) at application for a labour hire licence and the licensee’s ABN at reporting on activities.

As a part of their statutory functions, the chief executive can waive the relevant information requirement if they are satisfied that the same information can be acquired by alternative means (s. 102 of the Labour Hire Licensing Act 2017).

For the purpose of administering this policy the chief executive delegates to the Director of the LHLCU (the director).

Scope of policy

This policy is applicable to all businesses based outside of Australia applying for a Queensland labour hire licence.

Principles

  • The director is responsible for the enforcement of this policy.
  • The director may exercise their discretion in deciding whether an applicant or a licensee is exempt from the requirement to provide an ABN at application or reporting.
  • The factors the director may rely on in waiving the information provision may include, but are not limited to:
  • existence of a unique identifier that reveals similar information to the ABN
  • existence of other means to find information
  • any other factor the director may consider to be relevant.
  • An applicant will be required to apply for an ABN in order to apply for a labour hire licence if the director deems that no alternative means of ascertaining the relevant information exists.

Process

  • The applicant must provide further information to the director as requested in the application process to exercise the waiver.
    • The response to a request for further information must contain the information sought by the request or information sufficient for the director to be satisfied that it is substantially the same information as provided in an ABN.
    • The director may exercise the waiver where satisfied that the relevant information can be obtained by alternate means.
    • The director will communicate their decision to the applicant.

    Contact: Natalie Wakefield
    Director, Labour Hire Licensing Compliance Unit
    Office of Industrial Relations 
    Department of Education and Training
    Phone: (07) 3874 7504
    Email: Natalie.wakefield@oir.qld.gov.au