Private employment agents in Queensland
State legislation regarding private employment agents, trading hours, public holidays and child employment continues to apply to all businesses and employees in Queensland.
You are considered a private employment agent (PEA) if, in the course of carrying on business and for gain, you offer to do any of the following:
- find casual, part-time, temporary, permanent or contract work for a person
- find a casual, part-time, temporary, permanent or contract worker for a person
- negotiate the terms of contract work for a model or performer
- administer a contract for a model or performer and arrange payments under it
- provide career advice for a model or performer.
A number of exclusions apply. For example, 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 (PDF, 327KB) 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 Act.
Private Employment Agents (Code of Conduct) Regulation 2015
As a private employment agent in Queensland you are not required to hold a licence but must comply with the Private Employment Agents (Code of Conduct) Regulation 2015 (PDF, 282KB) .
The Private Employment Agents Code of Conduct 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).
An important requirement of the Private Employment Agents Code of Conduct 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:
- Last reviewed: 31 Mar 2016
- Last updated: 31 Mar 2016