Work and business licences

Labour hire licence

Consumer and Business Services (CBS) has recommenced accepting applications for labour hire licences.

All labour hire providers operating in SA must :

  • lodge their application by 31 August 2019
  • be licensed by 1 November 2019.

Further exemptions to the licensing scheme have been added and are outlined below.

If you have already applied for a labour hire licence see the labour hire update on the CBS website.

From 1 November 2019 if you provide labour hire services without being licensed, or engage an unlicensed labour hire provider, penalties may apply.

Who needs a licence?

You will require a licence if:

  • your business provides workers to work for someone else in and as part of that other person’s business
  • you have an arrangement with your workers to supply them to another person to do work
  • the workers you provide to the other person are paid, whether in full or in part, by your business - eg even if payment is only for accommodation.

Check for licensed labour hire providers on the CBS public register.

Who doesn't need a licence?

A labour hire licence is not required where the business provides workers:

  • but providing labour hire services is not a core function of the business - eg The core function of a doctors surgery is to provide health care services to the community, however, from time to time, a surgery may provide doctors or nursing staff to work in another surgery or hospital
  • to another business within the same group of companies - eg parent company supplying workers to a subsidiary company
  • to work in another business where both businesses are part of the same franchise
  • to work in another business that are not part of a franchise but are collectively operating using the same banner, branding or trading name.

A labour hire licence is not required if you:

  • hold a current building, plumbing, gas fitting or electrical contractor licence
  • hold a current security or investigation agent licence that is not restricted to being an employee only

For more detailed information see the labour hire update - Consumer and Business Services

Before you apply

Responsible persons

Generally there must be at least two responsible persons who are responsible for the day-to-day management and operation of the business. Consider how many responsible persons you will need for your business, considering the size and scope of your business functions and the number of branches.

Each person must be fit and proper to be a responsible person.

Each responsible person must be reasonably available to be contacted during business hours.

In your application for a labour hire licence you will be required to provide details of the responsible persons.

If at any time a responsible person is absent from your business you may appoint a substitute responsible person for up to 30 days. Once the appointment is made you must notify CBS within seven days of the appointment. See 'Changing a responsible person' on this page for more information.

Responsible person - application

Finances

You must provide a letter from a chartered accountant, certified practicing accountant or IPA public accountant confirming that you are solvent. The letter must be dated within six months of your licence application.

Knowledge and experience

To meet the business knowledge and experience requirements to be granted a licence, you must meet one of the options below.

If you apply prior to 31 August 2019, and have not completed one of the business pathways, a condition will be placed on your licence. You will need to show evidence of successful completion of one of the pathways by the time of your first renewal.

Your renewal is due 12 months after the date the licence is granted.  If you don’t provide this your licence may be suspended or cancelled.

If you apply after 31 August 2019, you must have completed one of the business pathways to be eligible for a licence.

Option 1

Successful completion of:

  • BSBSMB401 - Establish legal and risk management requirements of small business; and
  • BSBHRM505 - Manage remuneration and employee benefits

Apply for Recognition of Prior Learning if you believe that your past work experience or other qualifications can be assessed against any of the above qualifications. You will need to contact a Registered Training Organisation to arrange this.

Option 2

Successful completion of an accounting, business, economics or human resource related degree or diploma from Australia or New Zealand.

Police clearance

Include with your application a copy of your National Police Certificate (NPC) no more than 12 months old. The police check must disclose all history. Clearances to work with children or vulnerable people are not sufficient.

Apply for an NPC through:

You do not need an NPC if you:

  • are a director of a company listed on the Australian Stock Exchange
  • have lodged an NPC with CBS within the last year
  • are an overseas resident and have never lived in Australia
  • have held a licence within the last year and are applying for an equivalent licence.

How to apply

Complete the online application form

Apply now

Fees

Fees include the application and annual amounts.

Application typeCost

Natural person application fee

$562 + $225 (first year’s fee)

Body corporate application fee

$562 + $1226 (first year’s fee)

Application to change a responsible person

$123

Application to apply for substitute responsible person

$123

Changing a responsible person

Once you have an existing labour hire licence and need to change a responsible person you must:

  • complete the online application form to seek approval from Consumer and Business Services (CBS)
  • pay the notification fee.

New responsible persons will still need to be displayed on the objection register for 14 days.

You can appoint a substitute responsible person for up to 30 days if a responsible person will be absent from the business. You must notify CBS within 7 days of the appointment.

The application form to change a responsible person or notify CBS of a substitute responsible person will be available from 14 June 2019.

Renew a licence

Licences are renewed each year. Your renewal date will be 12 months from the grant date of your licence. You will receive your renewal by email. Within 28 days after your renewal date you must:

  • pay the renewal fee
  • lodge information about your business, as indicated on your renewal notice - eg number of workers, details of the industry in which work was carried out.

If your licence has been surrendered or cancelled, you will need to apply for a new one.

Renewal fees

Application typeAnnual fee

Natural person

$225.00

Body corporate

$1226.00

Changes affecting your licence

Notify CBS if you:

Object to an application

All applications for a labour hire licence are published online on the Objection Register. A government agency, local council or industrial association may object to an application if they believe that the applicant, director or nominated responsible person is not fit and proper to hold a licence.

The objection must be in writing and lodged with CBS within 14 days of the licence application being published. CBS will notify the applicant of the objection and allow 14 days for a response.

CBS will consider the objection and the applicant’s response when determining whether to grant a licence.

Objection Register


Related information

Contact

CBS Occupational Licensing
91 Grenfell Street
Adelaide

GPO Box 1719
Adelaide SA 5001

Email: occupational@sa.gov.au
Phone: 131 882


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Page last updated 14 June 2019

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/licensing/labour-hire-licence
Last Updated:
14/06/19
Printed on:
17/06/19
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2019
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