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Objecting to a licence application

3 August 2023
Objecting to a licence application (1)

If you have concerns about an application or renewal of a provider’s labour hire licence, you can formally submit an objection within 14 days to the Labour Hire Authority (LHA).

LHA encourages ‘interested persons’ to lodge an objection if they have concerns regarding a relevant person of an application not being fit and proper, or the applicant not complying with their legal obligations.

Local councils, trade unions, industry peak bodies, workers, hosts and labour hire providers are all considered ‘interested persons’.

You can find recently submitted applications for a licence or licence renewal on the LHLO Received Labour Hire Applications public register. Objections can be made by clicking on ‘Raise an objection to this application’ next to the relevant application.

The applicant will receive a copy of the notice of objection and will have 14 days to provide a response.

Objections perform a valuable role in identifying potential concerns, and form an important part of the assessment and determination of licence applications.

After considering an objection, LHA may take action including to:

  • refuse the application
  • grant the licence
  • grant the licence with conditions
  • grant the licence for a period less than the maximum period of three years
  • take further action such as prosecuting the applicant or referring the matter to another appropriate regulator.

The legal basis of these objections is outlined in the glossary on the LHA website.

Objection sustained

Recently, an objection was submitted to LHA alleging that a labour hire licence applicant had been operating without a licence, a potential contravention of licensing law.

The applicant provided a response to the objection, which:

  • acknowledged their engagement in prohibited conduct
  • detailed the circumstances that led to the situation
  • outlined the steps they had taken to ensure future compliance.

The applicant also cooperated in response to additional questions, and LHA was satisfied – based on the available evidence – that they were compliant with their other legal obligations.

Following the review of the objection, and having considered the responses and materials provided by the applicant, a decision was made to grant the licence for 24 months rather than the maximum licence period of three years.

LHA will continue to monitor the provider, and reserves the right to pursue the prohibited conduct matter further should other information or circumstances arise.

LHA encourages interested persons to lodge an objection if there are concerns regarding a relevant person of an application not being fit and proper, or regarding an applicant not complying with their legal obligations.