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Private Employment Agents Act 2005 – 23 September 2016

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Private Employment Agents Act 2005 – 23 September 2016

Private Employment Agents (Code of Conduct) Regulation 2015 – 1 September 2015

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A private employment agent (generally someone who finds work or a worker for a person) is bound by the code of conduct set out in the Schedule 1 to the Private Employment Agents (Code of Conduct) Regulation 2015. For the complete definition of ‘private employment agent’, refer to section 4 of the Act.

  • Sections 4, 6; Regulation 3, Schedule 1 (Code provision 4)

A person with a sufficient interest in a matter (and other prescribed entities) may apply to the District Court for an injunction against a private employment agent, to restrain the private employment agent from engaging in stated conduct/acting as a private employment agent. Note: The grounds for an injunction are set out in section 39 of this Act and the declared provisions of the Code (relevant to the grounds) are set out in regulation 4 of the Private Employment Agents (Code of Conduct) Regulation 2015.

  • Sections 36, 37, 38, 39, 40, 41; Regulation 4

A private employment agent must act honestly, fairly and professionally in the conduct of the agent’s business.

  • Schedule 1 of the Regulation (Code provisions 6, 7, 9, 10, 13)

A private employment agent must give a work seeker accurate advice about employment and placement options, including current labour market information.

  • Schedule 1 of the Regulation (Code provision 11)

A private employment agent must not refer a work seeker who is not legally entitled to work in Australia to a person in Australia who is looking for workers.

  • Schedule 1 of the Regulation (Code provision 16)

There are rules restricting a private employment agent charging fees on a work seeker. See Code provisions 18 and 19 of the Schedule to the Private Employments (Code of Conduct) Regulation 2015 for information.

  • Schedule 1 of the Regulation (Code provisions 18, 19)

A private employment agent may only recover fees from an employer for finding workers where the relevant notification is provided, that is, before providing the service, the agent: (a) notifies the employer of the agent’s fees for the services; and (b) gives the employer a written notice confirming the amount of the agent’s fee for the services.

  • Schedule 1 of the Regulation (Code provision 20)

A private employment agent is required to keep the following 3 registers: 1) worker register, 2) employer register and 3) placement register.

  • Schedule 1 of the Regulation (Code provisions 21, 22, 23, 24)

A private employment agent must ensure that each publication published by the agent includes the following particulars: (a) the name under which the agent carries on the business of a private employment agent; (b) the address at which the agent carries on business; and (c) the telephone number of the business.

  • Schedule 1 of the Regulation (Code provision 27)

Before a private employment agent provides a service for a work seeker, the agent must give the work seeker an information statement in the approved form.

  • Schedule 1 of the Regulation (Code provision 29)

A private employment agent whose business includes seeking work for models and performers or who are managers of models and performers, is to provide placement details to a model/performer who has been placed within 5 days of placement.

  • Section 3, Schedule; Schedule 1 of the Regulation (Code provisions 30, 31)

A private employment agent who receives an amount on behalf of a model or performer must hold the amount exclusively for the model or performer, and pay the amount to the model or performer within 7 days after receiving the amount. The agent must also provide a financial statement for the amount received to the model or performer within 10 days of receiving an amount.

  • Section 3, Schedule; Schedule 1 of the Regulation (Code provisions 30, 32)
Reason for law

To establish a framework that promotes ethical conduct by private employment agents in their dealings with work seekers and others as part of the business of a private employment agent (Schedule 1 of the Regulation, Code provision 2)

Relevant links

Private Employment Agents [Queensland Government]

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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