Employment Agents Registration Act 1993 (SA)

South Australia Employment Agents Registration Act 1993 An Act to regulate employment agents; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Exemptions 5 Non-derogation Part 2—Licensing scheme Division 1—Licensing of agents 6 Requirement to be licensed 7 Application for a licence 8 Term of licence 9 Application for renewal of a licence 10 Licence conditions 11 Appointment of a manager 12 Transfer and surrender of licences 13 Cancellation of licences 14 Person not entitled to fees etc if acts as agent in contravention of Division Division 2—Licensing appeals 15 Reviews Division 3—Supplementary provisions 16 Registered premises 17 Notice to be displayed 18 Death of licensee Part 3—Provisions applying to employment agents 19 Display of information at registered premises 20 Responsibilities to workers 21 Responsibilities to employers 22 Records etc to be kept Part 4—Miscellaneous 23 Inspections 24 Prohibition against assisting a person falsely to pretend to be an employment agent etc 25 Liability of agents for acts or omissions of employees etc 26 False or misleading information 28 Commencement of prosecutions 29 Delegation by Director 30 Regulations 31 Transitional provisions Legislative history Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Employment Agents Registration Act 1993. 3—Interpretation In this Act, unless the contrary intention appears— the Director means— (a) the person for the time being holding, or acting in, the office of the Chief Executive Officer of the Department of the Minister to whom the administration of this Act is committed; or (b) any other person directed by the Minister to exercise the powers of the Director under this Act; employer means a person by whom a worker is employed under an employment contract, or for whom work is done by a worker under an employment contract; employment means work done under an employment contract; employment agent means a person who, for monetary or other consideration, carries on the business of— (a) procuring workers for persons who desire to employ or engage others in any kind of work; or (b) procuring employment for persons who desire to be employed or engaged by others in any kind of work, but does not include— (c) a charitable or benevolent organisation which carries on any such activity on a non-profit basis; or (d) an organisation or association of a class excluded from this definition by the regulations; employment contract means— (a) a contract of service under which one person (the worker) is employed by another (the employer); or (b) a contract, arrangement or understanding (not being a contract of service) under which one person (the worker) is engaged by another (the employer) to perform remunerated work for the employer, other than where— (i) the work is ancillary to— (A) the supply of goods by the person performing the work; or (B) the use of goods that are the property of the person performing the work; or (C) the conveyance of goods by means of a vehicle provided by a person other than the employer; or (ii) the contract, arrangement or understanding is of a class excluded from this definition by the regulations; fee includes any remuneration, commission or other consideration; inspector means an inspector appointed under the Industrial Relations Act (S.A.) 1972; licence means a licence under this Act; manager means a person nominated under this Act to be the manager of a business carried on by an employment agent; registered premises means premises under section 16; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; worker means a natural person by whom work is performed under an employment contract. Note— For definition of divisional penalties (and divisional expiation fees) see Appendix. 4—Exemptions (1) The Minister may, by notice in the Gazette, confer exemptions from specified provisions of this Act— (a) on specified persons or persons of a specified class; or (b) in relation to specified premises or premises of a specified class. (2) An exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit. (3) The Minister may, at any time, by further notice in the Gazette— (a) vary or revoke an exemption under subsection (1); (b) vary or revoke a condition under subsection (2). (4) A person who contravenes or fails to comply with a condition of an exemption is guilty of an offence. Penalty: Division 5 fine. 5—Non-derogation (1) The provisions of this Act are in addition to and do not derogate from the provisions of any other Act. (2) Except as expressly provided, this Act will not be taken to limit or derogate from any civil remedy at law or in equity.