Document ID: chunk:federal_register_of_legislation:F2022L00890:reg:7
Version: federal_register_of_legislation:F2022L00890
Segment Type: reg
Provision Reference: reg 7
Character Range: 2434–4253

7  Significant risk statement
     For section 42S(2) of the Act, the exclusion in section 6 is necessary because of the significant risk in the ACT to the health and safety of workers or the public.
    Notwithstanding the provisions under the AMR scheme relating to notification of an intention to work and information sharing powers and obligations, there could be a diminution in regulatory oversight under AMR of individuals operating as labour hire providers in the ACT from time to time.
    This is because under existing licensing arrangements (including mutual recognition), a labour hire provider is issued with an ACT licence, establishing a regular regime of assessment, as well as information gathering on activities. Part of this framework includes a requirement for the labour hire licensee to inform the Commissioner of their intended industry (or industries) of operation through the licence application process and to then notify the Commissioner of any changes to this once the supplier is operating. This information is included on the public register, allowing a hirer to easily confirm that the supplier is licensed to operate in the Territory. For individuals relying on ADR to supply labour hire, ongoing information about the industries in which the labour hire provider intends to operate may not be available to the Labour Hire Licensing Commissioner from time to time during the period of the licence, nor readily available to the hirer. This information is important for compliance and enforcement activities in administering the ACT's labour hire legislation and ensuring the objectives are met in deterring poor workplace practices and protecting workers in the labour hire sector.
    A three year exemption will provide time for further risk mitigation strategies to be implemented.