Apply for a labour hire licence
Changes to labour hire laws in South Australia came into effect on Monday 20 July 2020.
These changes narrow the scope of the licensing scheme to high risk industries where particular types of work are undertaken.
Before you begin
Generally there must be at least two people 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. You must provide a National Police Certificate (NPC) no more than 12 months old for each nominated responsible person with your application - see Police clearance below.
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 for up to 30 days. Once the appointment is made you must notify CBS within seven days of the appointment.
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
All applicants (either as an individual or at least one company director) must meet knowledge and experience requirements before they will be granted a licence. Four options for achieving this are outlined below.
Successful completion of:
- BSBSMB401 - Establish legal and risk management requirements of small business
- 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'll need to contact a Registered Training Organisation to arrange this. Accredited online training offers both of the required units.
Successful completion of an accounting, business, economics or human resource-related degree or diploma from Australia or New Zealand. Equivalent degrees or diplomas from other countries may be considered.
The applicant holds a current equivalent interstate labour hire licence.
The applicant is a company listed on the Australian Stock Exchange.
Include a copy of a 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.
Objecting 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 Consumer and Business Services (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.