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Safety laws and labour hire licensing: What you need to know

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Waterfront Place

Level 31, 1 Eagle Street

Brisbane, QLD 4000

Australia

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Join us for drinks and canapes while you gain valuable insights into how recent changes to QLD laws will affect your business.

Guest speakers:

Tony James, Director of Corporate Services of the Office of Industrial Relations: Labour Hire Licensing - Why is it here, what does it mean and do I really need to get a licence?

Raymond Hassall, Executive Director of the National Heavy Vehicle Regulator: Chain of responsibility legislation

Alan Girle, Workplace Health and Safety expert and Director, Australian Business Lawyers & Advisors: Director and officer liability - one size fits all?

Staying abreast of recent legislative amendments could be the difference between succeeding in business or facing crippling consequences for non-compliance.

Who should attend? Directors and WHS officers, Business owners, senior management executives, WHS professionals, host employers and labour hire executives.

Register to secure your place today and get the best overview from various perspectives on these dramatic changes.

Numbers are strictly limited. Don't risk missing out and risk putting your business in jeopardy! Book now.


Speakers:

Tony James - Executive Director
Industrial Relations
Office of Industrial Relations

Tony commenced in the Queensland public sector as a cadet Industrial Inspector in 1981 and worked within the Industrial Relations Inspectorate in various compliance roles across the state including senior inspector (prosecutions) and District Inspector.

In the late 1990’s Tony moved into state government corporate services occupying various senior roles in financial and business services, human resource management and as chief information officer (IT). In the mid 2000’s Tony moved back into ‘program delivery’ as Senior Director of Programs for Workplace Health and Safety Qld, and also as Executive Director of the Electrical Safety Office. In 2011 Tony ‘rejoined’ the Industrial Relations Division as Executive Director and has leadership responsibility for advising and implementing the Government’s industrial relations agenda for Queensland’s public and private sector, the latter as a participant in the national workplace relations system.

Raymond Hassall- Executive Director
Regulatory and Legal Services
National Heavy Vehicle Regulator

Raymond Hassall leads the Regulatory and Legal Services business unit that provides advice and legal services. These include workplace, contract and commercial matters in addition to the delivery of privacy, right to information and government accountability services and oversight of the organisation’s probity framework and internal audit arrangements. Raymond has extensive experience within public administration and leading regulatory reform at the state and national levels in a range of policy areas. This experience also includes legal and regulatory policy design, administrative review, strategic analysis, high-level stakeholder liaison and managing parliamentary and cabinet processes.

Alan Girle - Director
Australian Business Lawyers & Advisors
With over 25 years’ experience Alan Girle is a specialist workplace and employment lawyer with focus on work health and safety (WHS) and other regulatory law.

He has assisted governments and businesses prosecute, defend and negotiate, in a variety of regulatory court actions. His experience ranges from WHS matters to environmental regulation and has appeared before most state courts and tribunals, including Royal Commissions of Inquiry and coronial inquests. Alan started his legal career at the Crown Law Office in Queensland and before joining Australian Business Lawyers & Advisors he had developed extensive experience in the private sector. He has defended numerous executives and companies throughout Australia and was recommended in the 2014-2018 Doyle's Guide as a "Leading Workplace Health & Safety Lawyers – Brisbane" and consistently selected by his peers for inclusion in Best Lawyers in the "Occupational Health & Safety Law" category.

Alan’s focus is on assisting clients following a workplace incident, including crisis management, incident investigation and regulatory response. He also assists clients in improving their compliance and risk-prevention strategies, by providing training, executive briefings and conducting compliance audits. His ability to draft submissions to government concerning legislative reform is also highly valued, having worked intensely on legislative reform in his former role as Director of Safety and Health in the Queensland Resources Council.


Event program

5:15pm: Registration opens

5:30pm: Drinks and canapes

6:15pm - 6:45pm: Tony James - Executive Director
Industrial Relations
Office of Industrial Relations

Labour Hire Licensing – Why is it here, what does it mean and do I really need to get a licence?

Labour hire businesses have until the 15 June 2018 to apply for a license to operate under Queensland’s labour hire licensing laws.The Labour Hire Licensing Act establishes a mandatory labour hire licensing scheme to protect labour hire workers from exploitation and promote the integrity of the labour hire industry. Key features of the Act include:

• labour hire providers based anywhere in the world that operate in Queensland have to be licensed to operate in Queensland

• persons who engage labour hire providers to only engage licensed providers

• labour hire licensees to satisfy fit and proper person test

• the labour hire business is financially viable

• licensees must provide six monthly reports in relation to compliance with relevant laws

• strong penalties for breach of obligations

• establishing a labour hire licensing compliance unit with a field services inspectorate with responsibility for awareness, monitoring and enforcement functions.

Staying abreast of the requirements of the Labour Hire Licensing Act and keeping on top of obligations can be the difference between operating or being excluded from Queensland. Every business that thinks it could be affected should now review whether their Queensland operations are affected.

6:45pm - 7:15pm: Raymond Hassall- Executive Director
Regulatory and Legal Services
National Heavy Vehicle Regulator

Chain of responsibility legislation

The pending amendments to the Heavy Vehicle National Law introduce new safety duties that represent a significant evolution in the legal framework as it applies to all participants in the transport industry. While the laws better align the obligations of chain of responsibility parties and executive officers with national safety laws, improve compliance and simplify enforcement, all affected parties will need all to come to grips with this new environment to maximise the safety and productivity benefits it offers.

7:15pm - 7:45pm Alan Girle - Director
Work Health and Safety
Australian Business Lawyers & Advisors

Director and officer liability - One size fits all?

With penalties of up to 20 years imprisonment, what is exposure of different types of officers to jail time or huge fines?

The concept of “officer” captures a wide range of roles within a corporate entity. The managing director, non-executive directors and even site managers are all “officers” as defined under legislation, but each has a very different role and capacity to influence the operations of the company. Common sense says that each should be exposed to a different level of risk when it comes to imprisonment and monetary penalties. However, the legislation is largely silent on whether there are sub-categories of “officer”. Is there a different level of risk or is it a case of one size fits all? This paper looks at what the Courts have said about the concept of “officer” and what distinction the Courts have made between differing roles within the scope of the definition of “officer”.

With onerous obligations for “officers” under safety laws; and with ignorance of the law being no defence; everyone with board or managerial responsibilities should be interested in the discussion about what their level or exposure is.

7:45pm - 8:00pm Questions and answers

8:00pm: Briefing concludes

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Waterfront Place

Level 31, 1 Eagle Street

Brisbane, QLD 4000

Australia

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