30 July 2024
A consultation draft of the Employment Agents Bill 2024 and the Employment Agents Regulations 2024 are now open for feedback.
Over recent years, especially following COVID-19, the nature of employment has changed; geographical boundaries are less relevant, many businesses, including employment agents operate remotely. With advancements in technology, employers and workers now have greater control and oversight over the job-seeking and hiring process through online platforms.
Employment Agents play an important role in matching labour demand and supply. The Employment Agents Registration Act 1993 and Employment Agents Registration Regulations 2010 currently govern the manner in which employment agents are to conduct their business in South Australia.
Employment agents that operate externally to South Australia (nationally and internationally) have expressed concern that the legislation currently governing the employment agents in South Australia is onerous, outdated, does not reflect the needs of the modern labour market, and does not account for technological advancements.
Following consideration of these concerns, the Government has released a consultation draft of the Employment Agents Bill 2024 (the Bill) and the Employment Agents Regulations 2024 (draft Regulations), and a Discussion Paper explaining how the new legislation will operate.
The draft legislation has been developed to remove the regulatory burden for employment agents to hold a licence, and carry out their business at a registered premises, and where the licence holder is a body corporate, manage the business under the personal supervision of a natural person who is a resident of South Australia. The framework established by the draft legislation maintains the essence of the current legislation by retaining and enhancing relevant compliance measures and protections for employers and workers through an enforceable code of conduct established within the draft regulations.
These changes will enable improved labour mobility across borders, whilst providing strong consumer protections within the industry beyond what the current licencing scheme currently does and will align the employment agent industry in South Australia with the advancements in technology and e-commerce which have enabled greater flexibility in recruitment.
Should you wish to provide comment on the draft Bill, please do so in writing and email to SWSAPolicy@sa.gov.au or send to:
Portable Long Service Leave Discussion
SafeWork SA
GPO Box 465
Adelaide, SA 5001
Please ensure your comments are provided before Friday 23 August 2024.
Feedback provided during the consultation period will be used to shape a final Bill prior to introduction into Parliament.
Further links: