It is essential that licensed labour hire providers keep their details up to date with the Labour Hire Authority (LHA) to ensure they can continue to hold a licence.
What kind of information does the LHA need?
You must notify the LHA if there are changes to any of the information you previously gave in your application or annual reporting.
Some examples of these changes include:
- Contact details for your business and all relevant persons. This includes phone numbers, emails and addresses. The LHA relies on having up-to-date information to communicate with providers about important licensing updates.
- Changes to your business’s ‘relevant persons’. If any new people become a ‘relevant person’ of your business (or if you have not reported all existing relevant persons to us), you must notify the LHA. All ‘relevant persons’ must be assessed by the LHA as fit and proper. A ‘relevant person’ includes:
- the nominated officer you have appointed
- company directors
- company secretaries
- other persons involved in senior decision-making roles in the business such as a consultant, major shareholder or director or a parent company. This might include, for example, persons who exercise a large degree of power and influence within the business, and persons who are responsible for activities such as setting targets, budgeting or making financial decisions.
- The status of your corporation. This applies if the corporation goes into liquidation, administration, or is deregistered.
- If your business is no longer compliant with its legal obligations, or relevant persons are no longer fit and proper.
- The business’s name. If your business’s legal name or registered business names change, you must tell the LHA. This is important because your licence certificate will need to be re-issued and public registers updated with your correct name.
- The business’s Australian Business Number (ABN). Please note the licence cannot be transferred.
You have 30 days from the date of the change to let the LHA know.
What happens if I don’t notify the LHA of these changes?
If you do not comply with these obligations, the LHA may take licensing action against you. This may include licence suspension, variation or cancellation.
Please note that the LHA may also take legal action against you in some instances. The maximum penalty for not telling the LHA when a business becomes non-compliant with its legal obligations or relevant persons are no longer fit and proper is over $581,000 for a body corporate. Penalties also apply for a failure to comply with the obligation to notify the LHA of other changes.
If your licence is suspended or cancelled, you cannot provide labour hire services in Victoria. Providers whose licences are cancelled also cannot reapply for a licence for two years.