Private Employment Agents
Who is an agent?
Private Employment Agents Act 2005
Private Employment Agents (Code of Conduct) Regulation 2005
Information statement for work seekers
Review of the Private Employment Agents Act 1983
Who is an agent?
A person is a Private Employment Agent (PEA) if the person in the course of carrying on business and for gain:
- offers to find:
- casual, part-time, temporary, permanent or contract work for a person; or
- a casual, part-time, temporary, permanent or contract worker for a person; or
- negotiates the terms of contract work for a model or performer; or
- administers a contract for a model or performer and arranges payments under it; or
- provides career advice for a model or performer.
A number of exclusions apply e.g., if a person conducts the business of labour hire, then the person is an employer and not a PEA.
Private Employment Agents Act 2005
The Private Employment Agents Act 2005 ensures that:
- a strong ethical base is adopted and maintained when carrying on the business of a private employment agent
- the rights of work seekers are protected
- clear and enforceable standards are provided specifying basic services which are and are not appropriate
- work seekers are protected against indiscriminate fees being levied for the procurement of employment by employment agents
- records relating to an agent's transactions are maintained
For further information refer to the Private Employment Agents Act 2005 (PDF, 396 KB).
Private Employment Agents (Code of Conduct) Regulation 2005
As from 27 April 2005, Private Employment Agents in Queensland are no longer required to hold a licence but must comply with the Private Employment Agents (Code of Conduct) Regulation 2005 (PDF, 358 KB)
The Private Employment Agents Code of Conduct commenced on 29 April 2005 and covers issues such as:
- general responsibilities of an agent including responsibilities to work seekers (Part 2, Division 1, 2)
- fee charging restrictions (Part 2, Division 3)
- records to be kept by an agent including registers and correspondence (Part 2, Division 4)
- prohibitions against an agent publishing false information or making false statements (Part 2, Division 5)
- the requirement of an agent to give an information statement to a work seeker (Part 2, Division 5)
- particular rules of conduct for dealings with models and performers (Part 3).
Information statements
An important requirement of the Code of Conduct for Private Employment Agents is that an agent must give each work seeker an information statement regarding the agent's obligations to the work seeker and the work seeker's rights.
If the work seeker is a model or performer, the following information statement is to be given to the work seeker:
If the work seeker is not a model or performer, the following information statement is to be given to the work seeker:
Review of the Private Employment Agents Act 1983
The then Department of Industrial Relations developed a draft Public Benefit Test assessment that was designed to canvass a range of issues and alternatives for the future regulation of private employment agents after the expiry of the Private Employment Agents Act 1983 on 26 April 2005.
The purpose of the review was to ensure that any future regulatory framework for private employment agents in Queensland accords with National Competition Policy.
Under this policy regulation must not restrict competition unless it can be demonstrated that:
- the benefits of the restriction to the community as a whole outweigh the costs; and
- the objectives of the legislation can only be achieved by restricting competition.
The public was invited to provide comment on the Public Benefit Test assessment and to respond to the issues raised. The closing date for comments was 23 July 2004.
After consideration of submissions a review of the proposed regulation of Private Employment Agents(PDF, 248 KB) was issued.
The Government has now acted upon the recommendation of the review and following further consultation with industry stakeholders has introduced new legislation which ensures clear guidelines for Queensland Private Employment Agents and Work Seekers.
The new legislation sets standards of service for agents in the mandatory Private Employment Agents (Code of Conduct) Regulation 2005 (PDF, 358 KB)
Last updated 21 July 2009
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