Employment Agents Registration Regulations 2010 (SA)

South Australia Employment Agents Registration Regulations 2010 under the Employment Agents Registration Act 1993

Contents 1 Short title 3 Interpretation 4 Employment agent 5 Employment contract 6 Application for licence 7 Application for renewal of licence 8 Notice of employment agent's scale of fees 9 Prescribed form for statement 10 Exemption of premises from Act Schedule 1—Forms Legislative history

1—Short title These regulations may be cited as the Employment Agents Registration Regulations 2010. 3—Interpretation In these regulations— Act means the Employment Agents Registration Act 1993; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; spouse—a person is the spouse of another if they are legally married. 4—Employment agent An organisation or association is excluded from the definition of employment agent in section 3 of the Act insofar as it administers a group training scheme jointly funded by the Commonwealth and State Governments for— (a) the procurement of apprentices or trainees for persons who desire to employ or engage such persons in any kind of work; or (b) the procurement of employment for apprentices or trainees. 5—Employment contract A contract, arrangement or understanding (not being a contract of service) for the engagement of a worker by an employer to perform remunerated work for the employer is excluded from the definition of employment contract in section 3 of the Act if the yearly remuneration payable to the worker is— (a) for the financial year ending on 30 June 2011—not less than $113 800; and (b) for each subsequent financial year—not less than the high income threshold (within the meaning of the Fair Work Act 2009 of the Commonwealth) applying under that Act for that financial year. 6—Application for licence (1) Pursuant to section 7(1)(c)(i) of the Act, the following persons are disqualified from giving a character reference for an applicant for a licence: (a) a person who has, within the previous 5 years, been convicted of an offence— (i) in connection with the promotion, operation or management of a business; or (ii) involving fraud or dishonesty; or (b) a person who is an associate of the applicant. (2) For the purposes of subregulation (1)(b), a person is an associate of an applicant if— (a) they are partners; or (b) they are both involved in the same business; or (c) they are both directors of the same company; or (d) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or (e) 1 is a spouse, domestic partner, parent, grandparent, child or grandchild of the other. (3) Pursuant to section 7(3) of the Act, an applicant that is a body corporate must furnish 2 character references for the natural person who is to act as the manager of the relevant business. (4) A character reference must be in the form set out in Schedule 1 Form 1. (5) For the purposes of section 7(4) of the Act, an application for a licence must be advertised at least once in a newspaper circulating generally throughout the State. (6) For the purposes of section 7(8) of the Act, the period of 1 month is prescribed. 7—Application for renewal of licence For the purposes of section 9(2) of the Act, the prescribed number of days is 14. 8—Notice of employment agent's scale of fees The form of a notice under section 19(1) of the Act is as set out in Schedule 1 Form 2. 9—Prescribed form for statement The prescribed form for a statement under section 20(4) of the Act is as set out in Schedule 1 Form 3. 10—Exemption of premises from Act Premises that are— (a) located at a place of business of an employer in order to facilitate the employment of people to work at that place; and (b) used by an employment agent on a temporary basis only, or that are only staffed by an employment agent on a part‑time or casual basis, are exempted from the operation of sections 16, 17 and 19 of the Act.