• Prosecution

The Labour Hire Authority (LHA) has filed eight criminal charges against the owner of a labour hire company, alleging that he knowingly provided false information to LHA.

The charges carry a maximum total penalty of more than $220,000.

LHA’s action, filed in the Magistrates’ Court, alleges that Hanh Tranh Truong:

• falsely stated in his labour hire licence application that he was not already supplying labour hire workers to horticulture businesses
• continued to provide false information in response to subsequent LHA enquiries.

Providing false or misleading information to LHA or an inspector is a criminal offence under the Labour Hire Licensing Act 2018 (Vic), carrying maximum penalties per charge of more than:

• $40,000 for an individual
• $160,000 for a company.

LHA granted Truong’s labour hire licence based on the allegedly false information in his original application.

After the licence was granted, LHA alleges that Mr Truong further contravened the Act by:

• providing false information in declarations and responses to LHA requests for information
• failing to produce information relating to his business when requested by LHA
• submitting false or misleading information to LHA in his first annual report, including stating that he only provided one worker to a host for the reporting period.
  

Providers must submit accurate annual reports as a condition of their licence

Penalties of over $160,000 for a business and $40,000 for an individual can apply for non-compliance with licence conditions such as annual reporting.

Non-compliance with annual reporting obligations may also result in licensing action such as conditions being imposed, or licence suspension or cancellation.

The nominated officer of a licensed provider is required to complete the annual report within 28 days from the end of each reporting period through their LHLO account.

LHA may contact a business if an annual report is incomplete, missing relevant documentation, or if further information is required.

If potential issues are identified, LHA may also ask providers to supply further information, or a report may be passed on to compliance officers for review and potential action.

If you have any problems lodging your report on time, please contact LHA before your reporting period ends to discuss your individual circumstances.

For most providers, annual reporting is quick and simple. To help licensed providers collect the information and supporting documents needed to complete their annual reporting, LHA has published an annual reporting guide and checklist.

Actions for hosts – protect your business

Some labour hire companies use misleading or deceptive conduct to attempt to conceal unlawful or criminal activities – this conduct can be directed towards hosts, as well as LHA.

While it is not alleged in the case against Mr Truong, licence fraud – identified by LHA as an emerging issue – is designed to mislead hosts into believing an unlicensed provider has a licence.

This can expose hosts to the risk of involvement with criminal elements, and of participating directly in unlawful conduct.

Licence fraud can typically involve providers:

• producing fraudulent paper licences
• doctoring digital files relating to their licensing status
• claiming to be a specific licensed company without that provider's knowledge, then giving a host their own contact and bank details for payment.

Hosts can take two quick actions to protect their business and support LHA in working towards a fairer industry for businesses and workers:

• Check the provider’s licence on the Labour Hire Licence Register.
• Subscribe to be notified of any changes to licence status using the Follow my Providers tool.

For more information for hosts on how to protect their business when engaging labour hire, visit labourhireauthority.vic.gov.au/host