Private Employment Agents (Code of Conduct) Regulation 2005

Queensland Private Employment Agents Act 2005 Private Employment Agents (Code of Conduct) Regulation 2005 Current as at 1 July 2014 Reprint note This is the last reprint before repeal. Repealed on 1 September 2015 by 2015 SL No. 93 s 6.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include 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. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Private Employment Agents (Code of Conduct) Regulation 2005 Contents 1 2 3 4 Schedule Part 1 1 2 3 4 Part 2 Division 1 5 6 7 8 Division 2 9 10 11 12 13 14 15 16 17 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Declared provisions for Act, pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . 3 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Private Employment Agents Code of Conduct . . . . . . . . . . . . 4 Preliminary Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 General rules of conduct General responsibilities Knowledge of Act and code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Honesty, fairness and professionalism . . . . . . . . . . . . . . . . . . . . . 6 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Ensuring employees comply with Act and code . . . . . . . . . . . . . . 6 Dealings with work seekers Ethical representation of work seeker . . . . . . . . . . . . . . . . . . . . . 6 Preservation of work seeker’s potential . . . . . . . . . . . . . . . . . . . . 6 Advice about employment and placement options . . . . . . . . . . . . 7 Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Keeping work seeker informed . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Information about work seeker not to be disclosed . . . . . . . . . . . 8 Information about work seeker not to be improperly used . . . . . . 8 Dealing with work seekers from overseas . . . . . . . . . . . . . . . . . . 8 Dealings with overseas placements . . . . . . . . . . . . . . . . . . . . . . . 8

Private Employment Agents (Code of Conduct) Regulation 2005 Contents Division 3 18 19 20 Division 4 21 22 23 24 25 Division 5 26 27 28 29 Part 3 30 31 32 Fees No fee as condition of finding work. . . . . . . . . . . . . . . . . . . . . . . . No fee for particular services . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovering fee for providing services for employer . . . . . . . . . . . Registers and correspondence Worker register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employer register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Placement register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How long registers must be kept . . . . . . . . . . . . . . . . . . . . . . . . . How long correspondence must be kept . . . . . . . . . . . . . . . . . . . Other provisions False information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identification of agent in publications . . . . . . . . . . . . . . . . . . . . . . Availability of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular rules of conduct for dealings with models and performers Who this part applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of written notice about engagements . . . . . . . . . . . . . . Provision of financial statements . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 10 10 11 11 12 12 13 13 14 14 15 15 15 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 17 18 19 Page 2

Private Employment Agents (Code of Conduct) Regulation 2005 [s 1] Private Employment Agents (Code of Conduct) Regulation 2005 [as amended by all amendments that commenced on or before 1 July 2014] 1 Short title This regulation may be cited as the Private Employment Agents (Code of Conduct) Regulation 2005 . 2 Code of conduct The code of conduct in the schedule is the code of conduct about private employment agents prescribed for the Act, section 6. 3 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. 4 Approval of forms The chief executive may approve forms for use for the purposes of the code of conduct. Current as at 1 July 2014 Page 3

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule Schedule Private Employment Agents Code of Conduct section 2 Part 1 Preliminary 1 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— (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. 3 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 July 2014

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule 4 Compliance with code (1) The code contains provisions with which a private employment agent must comply. Editor’s 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 overrides an instruction or request that does not comply with the code from 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 • Further Education and Training Act 2014 • Industrial Relations Act 1999 • Information Privacy Act 2009 • Privacy Act 1988 (Cwlth) • Right to Information Act 2009 • Workers’ Compensation and Rehabilitation Act 2003 Current as at 1 July 2014 Page 5

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule • Work Health and Safety Act 2011 • Workplace Relations Act 1996 (Cwlth) 6 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. 7 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 Dealings with work seekers 9 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 July 2014

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule (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. 11 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 July 2014 Page 7

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule 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) is not entitled to work in the relevant country; or Page 8 Current as at 1 July 2014

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule (b) does not have a reasonable prospect of obtaining permission to work in the relevant country. Maximum penalty—14 penalty units. Division 3 Fees 18 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 July 2014 Page 9

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule Examples of services — • preparation of a resume or portfolio • assistance, advice or training in interview preparation 20 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 fees for the services; and (b) gives the employer a written notice confirming the amount of the agent’s fee for the services. 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 Registers and correspondence 21 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) 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. Page 10 Current as at 1 July 2014

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule (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) 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. (3) 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 July 2014 Page 11

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule (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. (3) 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) In this section— Page 12 Current as at 1 July 2014

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule relevant correspondence means correspondence that relates to the conduct of the private employment agent’s business as a private employment agent. Division 5 Other provisions 26 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 relevant Act about 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 July 2014 Page 13

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule 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) 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. Page 14 Current as at 1 July 2014

Part 3 Private Employment Agents (Code of Conduct) Regulation 2005 Schedule Particular rules of conduct for dealings with models and performers 30 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) 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. 32 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 July 2014 Page 15

Private Employment Agents (Code of Conduct) Regulation 2005 Schedule 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 July 2014

Endnotes Private Employment Agents (Code of Conduct) Regulation 2005 Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 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 Explanation = 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 Key (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 3 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 Current as at 1 July 2014 Page 17

Private Employment Agents (Code of Conduct) Regulation 2005 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further 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 legislation.queries@oqpc.qld.gov.au. 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. Reprint No. 1 1A 1B Amendments included none 2009 Act No. 13 2011 Act No. 18 Effective 29 April 2005 1 July 2009 1 January 2012 Notes Current as at 1 July 2014 Amendments included 2014 SL No. 103 Notes 4 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. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Private Employment Agents (Code of Conduct) Regulation 2005 SL No. 71 made by the Governor in Council on 28 April 2005 notfd gaz 29 April 2005 pp 1392–5 commenced on date of notification exp 1 September 2015 (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. amending legislation— Right to Information Act 2009 No. 13 ss 1–2, 213 sch 5 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 132) Work Health and Safety Act 2011 No. 18 ss 1–2, 404 sch 4 pt 2 div 1 date of assent 6 June 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 238) Page 18 Current as at 1 July 2014

Private Employment Agents (Code of Conduct) Regulation 2005 Endnotes Further Education and Training Regulation 2014 SL No. 103 pts 1, 9 notfd <www.legislation.qld.gov.au> 20 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) 5 List of annotations SCHEDULE—PRIVATE EMPLOYMENT AGENTS CODE OF CONDUCT Knowledge of Act and code s 5 amd 2009 Act No. 13 s 213 sch 5; 2011 Act No. 18 s 404 sch 4 pt 2 div 1; 2014 SL No. 103 s 22 © State of Queensland 2014 Authorised by the Parliamentary Counsel Current as at 1 July 2014 Page 19