Queensland
Private Employment Agents Act 2005
Private Employment Agents
(Code of Conduct) Regulation
2015
Current as at 1 September 2015
Information about this reprint
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the Parliamentary Counsel.
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amendments with a retrospective commencement, an appropriate note would be included
on the cover of the replacement reprint and on the copy of this reprint at
www.legislation.qld.gov.au.
The endnotes to this reprint contain detailed information about the legislation and reprint.
For example—
•
The table of reprints endnote lists any previous reprints and, for this reprint, gives
details of any discretionary editorial powers under the Reprints Act 1992 used by the
Office of the Queensland Parliamentary Counsel in preparing it.
•
The list of legislation endnote gives historical information about the original
legislation and the legislation which amended it. It also gives details of
uncommenced amendments to this legislation. For information about possible
amendments to the legislation by Bills introduced in Parliament, see the Queensland
Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/
information.htm.
•
The list of annotations endnote gives historical information at section level.
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previous numbering system and distinctions between printed and electronic reprints are
not continued.
Queensland
Private Employment Agents (Code of
Conduct) Regulation 2015
Contents
Page
1
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
2
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
3
Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
Declared provisions for Act, pt 6. . . . . . . . . . . . . . . . . . . . . . . . . .
3
5
Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
6
Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Schedule 1
Private Employment Agents Code of Conduct . . . . . . . . . . . .
4
Part 1
Preliminary
1
Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
2
Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
3
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
4
Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Part 2
General rules of conduct
Division 1
General responsibilities
5
Knowledge of Act and code . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
6
Honesty, fairness and professionalism . . . . . . . . . . . . . . . . . . . . .
6
7
Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
8
Ensuring employees comply with Act and code . . . . . . . . . . . . . .
6
Division 2
Dealings with work seekers
9
Ethical representation of work seeker . . . . . . . . . . . . . . . . . . . . .
6
10
Preservation of work seeker’s potential . . . . . . . . . . . . . . . . . . . .
6
11
Advice about employment and placement options . . . . . . . . . . . .
7
12
Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
13
Keeping work seeker informed . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
14
Information about work seeker not to be disclosed . . . . . . . . . . .
8
15
Information about work seeker not to be improperly used . . . . . .
8
Private Employment Agents (Code of Conduct) Regulation 2015
Contents
16
Dealing with work seekers from overseas . . . . . . . . . . . . . . . . . .
8
17
Dealings with overseas placements . . . . . . . . . . . . . . . . . . . . . . .
8
Division 3
Fees
18
No fee as condition of finding work. . . . . . . . . . . . . . . . . . . . . . . .
9
19
No fee for particular services . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
20
Recovering fee for providing services for employer . . . . . . . . . . .
10
Division 4
Registers and correspondence
21
Worker register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
Employer register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
23
Placement register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
24
How long registers must be kept . . . . . . . . . . . . . . . . . . . . . . . . .
12
25
How long correspondence must be kept . . . . . . . . . . . . . . . . . . .
12
Division 5
Other provisions
26
False information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
27
Identification of agent in publications . . . . . . . . . . . . . . . . . . . . . .
13
28
Availability of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
29
Information statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Part 3
Particular rules of conduct for dealings with models and
performers
10
30
Who this part applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
31
Provision of written notice about engagements . . . . . . . . . . . . . .
15
32
Provision of financial statements . . . . . . . . . . . . . . . . . . . . . . . . .
15
1
Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
2
Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
4
List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
Endnotes
Page 2
Private Employment Agents (Code of Conduct) Regulation 2015
[s 1]
Private Employment Agents (Code of Conduct)
Regulation 2015
[reprinted as in force on 1 September 2015]
1
Short title
This regulation may be cited as the Private Employment
Agents (Code of Conduct) Regulation 2015.
2
Commencement
This regulation commences on 1 September 2015.
3
Code of conduct
The code of conduct in schedule 1 is the code of conduct
about private employment agents prescribed for section 6 of
the Act.
4
Declared provisions for Act, pt 6
Sections 14 to 23, 26, 29 and 32 of the code of conduct are
declared to be provisions to which part 6 of the Act applies.
5
Approval of forms
The chief executive may approve forms for use for the
purposes of the code of conduct.
6
Repeal
The Private Employment Agents (Code of Conduct)
Regulation 2005, SL No. 71 is repealed.
Current as at 1 September 2015
Page 3
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
Schedule 1
Private Employment Agents
Code of Conduct
section 3
Part 1
1
Preliminary
Title
This code of conduct may be cited as the Private Employment
Agents Code of Conduct.
2
Object
The object of this code is to establish a framework that—
3
(a)
promotes ethical conduct by private employment agents
in their dealings with work seekers and others as part of
the business of a private employment agent; and
(b)
encourages the provision by private employment agents
of high quality placement and recruitment services for
work seekers and persons looking for workers.
Definitions
In this code—
employer register see section 22.
fee, for part 2, division 3, includes advantage and benefit.
placement register see section 23.
worker register see section 21.
work seeker means a person seeking work.
Page 4
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
4
Compliance with code
(1)
This code contains provisions with which a private
employment agent must comply.
Note—
Contravention of a provision of this code is a ground for starting a
proceeding for a charge of an offence if a maximum penalty is stated for
a contravention of the provision or for obtaining an injunction under part
6 of the Act.
(2)
This code applies despite an instruction or request that does
not comply with the code made by a work seeker or a person
looking for workers or, if the private employment agent is an
employee, the agent’s employer.
Part 2
General rules of conduct
Division 1
General responsibilities
5
Knowledge of Act and code
A private employment agent must have a reasonable
knowledge of the Act, this code, and any other Act relevant to
the private employment agent’s business.
Examples of relevant Acts—
•
Anti-Discrimination Act 1991
•
Fair Trading Act 1989
•
Fair Work Act 2009 (Cwlth)
•
Further Education and Training Act 2014
•
Industrial Relations Act 1999
•
Information Privacy Act 2009
•
Privacy Act 1988 (Cwlth)
•
Right to Information Act 2009
Current as at 1 September 2015
Page 5
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
6
7
•
Workers’ Compensation and Rehabilitation Act 2003
•
Work Health and Safety Act 2011
Honesty, fairness and professionalism
(1)
A private employment agent must act honestly, fairly and
professionally in the conduct of the agent’s business.
(2)
Without limiting subsection (1), an agent must treat work
seekers and persons looking for workers honestly and fairly.
Skill, care and diligence
A private employment agent must exercise reasonable skill,
care and diligence in the conduct of the agent’s business.
8
Ensuring employees comply with Act and code
(1)
A private employment agent must take reasonable steps to
ensure the agent’s employees comply with the Act and this
code.
(2)
Also, a private employment agent must promote—
(a)
compliance with all relevant legislation and industrial
instruments applying to work seekers and persons
looking for workers; and
(b)
ongoing training and skills development in the private
employment agents industry.
Division 2
9
Dealings with work seekers
Ethical representation of work seeker
A private employment agent must represent a work seeker in
an ethical and professional way.
10
Preservation of work seeker’s potential
A private employment agent—
Page 6
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
11
(a)
must not do anything that may unfairly jeopardise a
work seeker’s current work or future work
opportunities; and
(b)
must ensure a work seeker’s right to maximise the work
seeker’s potential for career development is preserved.
Advice about employment and placement options
A private employment agent must give a work seeker accurate
advice about employment and placement options, including
current labour market information.
12
Referrals
A private employment agent must promptly give a person
looking for workers information about a work seeker on the
basis of the work seeker’s suitability for a vacant position and
disregarding irrelevant considerations.
Example of an irrelevant consideration—
a prohibited ground of discrimination under the Anti-Discrimination Act
1991
13
Keeping work seeker informed
A private employment agent must, if a work seeker asks, give
the work seeker whichever of the following is relevant within
7 days of the request—
(a)
if the work seeker is not referred as a candidate for a
particular vacancy—genuine reasons the work seeker
was not referred as a candidate for the vacancy;
(b)
advice on the work seeker’s application for a vacancy;
(c)
if the work seeker is placed in a position—a copy of any
documents about the position in the agent’s possession
at the relevant time.
Maximum penalty—14 penalty units.
Current as at 1 September 2015
Page 7
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
14
Information about work seeker not to be disclosed
(1)
A private employment agent must not, without the work
seeker’s written permission, disclose the work seeker’s
identity or other details to a person looking for workers.
Maximum penalty—14 penalty units.
(2)
Also, a private employment agent must not otherwise disclose
a work seeker’s identity or other details other than as required
by law.
Maximum penalty—14 penalty units.
15
Information about work seeker not to be improperly used
A private employment agent must not use information about,
or provided by, a work seeker—
(a)
for a purpose other than finding work for the work
seeker; or
(b)
in a way that is contrary to the terms of any permission
given by the work seeker about the use of the
information.
Maximum penalty—14 penalty units.
16
Dealing with work seekers from overseas
A private employment agent must not refer a work seeker to a
person in Australia who is looking for workers if the work
seeker is not legally entitled to work in Australia.
Maximum penalty—14 penalty units.
17
Dealings with overseas placements
A private employment agent must not refer a work seeker to a
person in another country who is looking for workers if the
work seeker—
(a)
Page 8
is not entitled to work in the country; or
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
(b)
does not have a reasonable prospect of obtaining
permission to work in the country.
Maximum penalty—14 penalty units.
Division 3
18
Fees
No fee as condition of finding work
Other than as provided by the Industrial Relations Act 1999,
section 408D, a private employment agent must not seek or
accept a fee, deposit or bond—
(a)
from, or on behalf of, a work seeker in Australia as a
condition of finding or attempting to find work for the
work seeker outside Australia; or
(b)
from, or on behalf of, a work seeker residing, or
intending to reside, temporarily in Australia as a
condition of finding or attempting to find work for the
work seeker in Australia.
Maximum penalty—14 penalty units.
19
No fee for particular services
Other than as provided by the Industrial Relations Act 1999,
section 408D, a private employment agent must not, as a
condition of finding or attempting to find work for a work
seeker—
(a)
charge the work seeker a fee for services or resources
provided by the agent; or
(b)
require the work seeker to use services or resources
provided by or through a supplier nominated by the
agent; or
(c)
accept a financial benefit from a supplier nominated by
the agent for the provision of services or resources by
the nominated supplier because of a requirement
mentioned in paragraph (b).
Maximum penalty—14 penalty units.
Current as at 1 September 2015
Page 9
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
Examples of services—
20
•
preparation of a resume or portfolio
•
assistance, advice or training in interview preparation
Recovering fee for providing services for employer
(1)
A private employment agent is not entitled to recover from an
employer who uses the services of the agent a fee for finding
workers for the employer, unless, before providing the
service, the agent—
(a)
notifies the employer of the agent’s fee for the service;
and
(b)
gives the employer a written notice confirming the
amount of the agent’s fee for the service.
Maximum penalty—14 penalty units.
(2)
In this section—
employer means a person who asks a private employment
agent to find someone to do work for the person.
Division 4
21
Registers and correspondence
Worker register to be kept
(1)
A private employment agent must keep a register that
complies with subsection (2) (a worker register) of persons
looking for work.
Maximum penalty—14 penalty units.
(2)
Page 10
The worker register must include the following particulars for
each person who looks for work through the private
employment agent—
(a)
the person’s name, address, age, gender and occupation;
(b)
the type of work the person is looking for;
(c)
the date the particulars mentioned in paragraphs (a) and
(b) are entered in the register.
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
(3)
The private employment agent must not make or cause to be
made in the worker register an entry that the person knows to
be false.
Maximum penalty—14 penalty units.
22
Employer register
(1)
A private employment agent must keep a register of
employers (an employer register) that complies with
subsection (2).
Maximum penalty—14 penalty units.
(2)
(3)
The employer register must include the following particulars
for each employer—
(a)
the employer’s name and place of business;
(b)
the type of work the employer is offering and the
number of persons wanted for the work;
(c)
the date the particulars mentioned in paragraphs (a) and
(b) are entered in the register.
The private employment agent must not make or cause to be
made in the employer register an entry that the person knows
to be false.
Maximum penalty—14 penalty units.
(4)
In this section—
employer means a person who asks a private employment
agent to find someone to do work for the person.
23
Placement register
(1)
A private employment agent must keep a register of
placements (a placement register) that complies with
subsection (2).
Maximum penalty—14 penalty units.
(2)
The placement register must include the following particulars
for each person the private employment agent places into
work with an employer—
Current as at 1 September 2015
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Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
(3)
(a)
the person’s name;
(b)
the employer’s name;
(c)
the type of work the person will do for the employer;
(d)
the date the particulars mentioned in paragraphs (a) to
(c) are entered in the register.
The private employment agent must not make or cause to be
made in the placement register an entry that the person knows
to be false.
Maximum penalty—14 penalty units.
(4)
In this section—
employer means a person who asks a private employment
agent to find someone to do work for the person.
24
How long registers must be kept
A private employment agent must keep the agent’s worker
register, employer register and placement register in the
agent’s possession for at least 6 years after the end of the year
to which the last entry in the register relates.
Maximum penalty—14 penalty units.
25
How long correspondence must be kept
(1)
A private employment agent must keep all relevant
correspondence received by the private employment agent for
at least 6 years after the day the correspondence was received.
Maximum penalty—14 penalty units.
(2)
A private employment agent must keep all relevant
correspondence sent by the private employment agent for at
least 6 years after the day the correspondence came into
existence.
Maximum penalty—14 penalty units.
(3)
Page 12
In this section—
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
relevant correspondence means correspondence that relates
to the conduct of the private employment agent’s business as a
private employment agent.
Division 5
26
Other provisions
False information
A private employment agent must not—
(a)
publish any false information in the course of carrying
on the business of a private employment agent; or
(b)
make, or knowingly permit an employee of the agent to
make, a false statement to a work seeker about—
(i)
the nature or availability of any work; or
(ii) the Act; or
(iii) this code; or
(iv) any Act relevant to employment or workplace
health and safety; or
(v) any relevant industrial instrument.
Maximum penalty—14 penalty units.
27
Identification of agent in publications
A private employment agent must ensure that each publication
published by, or for, the agent includes the following
particulars—
(a)
the name under which the agent carries on the business
of a private employment agent;
(b)
the address at which the agent carries on business;
(c)
the telephone number of the business.
Maximum penalty—14 penalty units.
Current as at 1 September 2015
Page 13
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
28
Availability of code
A private employment agent must—
(a)
ensure a copy of this code is always available at the
private employment agent’s place of business for perusal
on request; or
(b)
if a copy is not available at the private employment
agent’s place of business—immediately tell a person
who asks to see the code where the person can obtain a
copy.
Maximum penalty—14 penalty units.
29
Information statements
(1)
Before a private employment agent provides a service for a
work seeker, the agent must give the work seeker a statement
(an information statement) in the approved form.
Maximum penalty—14 penalty units.
(2)
Page 14
The approved form must include the following information—
(a)
that a private employment agent must not charge fees in
contravention of the Industrial Relations Act 1999,
section 408D;
(b)
that the agent and the agent’s employees have a working
knowledge of State and Commonwealth legislation
affecting the placement and employment of persons
seeking work;
(c)
that the agent will make all placements as required
under the relevant legislation;
(d)
the name and other contact details of the department
from whom the person may obtain information about
action that may be taken if the person believes a private
employment agent has acted illegally, inappropriately or
in a false and misleading way.
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
Part 3
30
Particular rules of conduct for
dealings with models and
performers
Who this part applies to
(1)
This part applies to private employment agents—
(a)
whose business includes seeking work for models and
performers; or
(b)
who are managers of models and performers.
(2)
A private employment agent to whom this part applies must
comply with this part and part 2.
(3)
In this section—
manager means a manager within the meaning of the
Industrial Relations Act 1999, section 408C.
31
Provision of written notice about engagements
(1)
Within 5 days after a private employment agent receives from
a person looking for workers any information mentioned in
subsection (2) in relation to a model or performer’s placement
in work, the agent must give the model or performer a written
notice about the placement stating the information.
Maximum penalty—14 penalty units.
(2)
32
The information is—
(a)
the work conditions; and
(b)
the nature of the work to be undertaken; and
(c)
the rates of payment for the work; and
(d)
the pay arrangements.
Provision of financial statements
(1)
As soon as practicable, but no later than 10 days after
receiving an amount payable to a model or performer, a
Current as at 1 September 2015
Page 15
Private Employment Agents (Code of Conduct) Regulation 2015
Schedule 1
private employment agent must give the model or performer a
statement—
(a)
giving particulars of the amount received; and
(b)
showing the amount paid to the model or performer for
the engagement.
Maximum penalty—14 penalty units.
(2)
A private employment agent who receives an amount from
someone else on behalf of a model or performer must—
(a)
hold the amount exclusively for the model or performer;
and
(b)
pay the amount to the model or performer within 7 days
after receiving the amount.
Maximum penalty—14 penalty units.
(3)
The private employment agent must pay the amount to the
model or performer personally or deposit the amount into an
account nominated by the model or performer at a nominated
financial institution.
Maximum penalty—14 penalty units.
Page 16
Current as at 1 September 2015
Private Employment Agents (Code of Conduct) Regulation 2015
Endnotes
Endnotes
1
Index to endnotes
Page
2
Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
4
List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
2
Key
Key to abbreviations in list of legislation and annotations
Key
AIA
amd
amdt
ch
def
div
exp
gaz
hdg
ins
lap
notfd
num
o in c
om
orig
p
para
prec
pres
prev
3
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
Explanation
Key
Acts Interpretation Act 1954
amended
amendment
chapter
definition
division
expires/expired
gazette
heading
inserted
lapsed
notified
numbered
order in council
omitted
original
page
paragraph
preceding
present
previous
(prev)
proc
prov
pt
pubd
R[X]
RA
reloc
renum
rep
(retro)
rv
s
sch
sdiv
SIA
SIR
SL
sub
unnum
Explanation
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
previously
proclamation
provision
part
published
Reprint No. [X]
Reprints Act 1992
relocated
renumbered
repealed
retrospectively
revised version
section
schedule
subdivision
Statutory Instruments Act 1992
Statutory Instruments Regulation 2012
subordinate legislation
substituted
unnumbered
Table of reprints
A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary
Counsel each time a change to the legislation takes effect.
The notes column for this reprint gives details of any discretionary editorial powers under
the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory
requirements that all amendments be included and all necessary consequential
amendments be incorporated, whether of punctuation, numbering or another kind. Further
Current as at 1 September 2015
Page 17
Private Employment Agents (Code of Conduct) Regulation 2015
Endnotes
details of the use of any discretionary editorial power noted in the table can be obtained by
contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003
9601 or email [email protected].
From 29 January 2013, all Queensland reprints are dated and authorised by the
Parliamentary Counsel. The previous numbering system and distinctions between printed
and electronic reprints is not continued with the relevant details for historical reprints
included in this table.
Current as at
Amendments included
1 September 2015
none
4
Notes
List of legislation
Regulatory impact statements
For subordinate legislation that has a regulatory impact statement, specific reference to the statement
is included in this list.
Explanatory notes
All subordinate legislation made on or after 1 January 2011 has an explanatory note.
Private Employment Agents (Code of Conduct) Regulation 2015 SL No. 93
made by the Governor in Council on 20 August 2015
notfd <www.legislation.qld.gov.au> 21 August 2015
ss 1–2 commenced on date of notification
remaining provisions commenced 1 September 2015 (see s 2)
exp 1 September 2025 (see SIA s 54)
Note—The expiry date may have changed since this reprint was published. See the
latest reprint of the SIR for any change.
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 18
Current as at 1 September 2015