Employment Agents Act review 2015
Consumer Protection is seeking industry and stakeholder opinions on proposed changes to the Employment Agents Act 1976 (the Act) which include the introduction of negative licensing and changes to conduct requirements.
Status: CLOSED, closing date 11 September
The Employment Agents Act 1976 (the Act) establishes a licensing system for employment agents and governs the manner in which licensed agents conduct their business in Western Australia.
A person applying for an employment agent’s licence is required to be fit and proper and of good character, and the Commissioner for Consumer Protection (the Commissioner) must be satisfied that adequate management and supervision will be provided to safeguard the interests of jobseekers. The fee to apply for an employment agent licence is $970 for a three year licence, and the renewal fee is $720.
There are currently approximately 590 licensed employment agents in Western Australia.
Once licensed, an employment agent must comply with the conduct requirements contained within the Act. A key requirement is that employment agents are prohibited from charging fees to job seekers. Other conduct requirements include maintaining financial and other records, and submitting a scale of fees chargeable to employers to the Commissioner for approval.
The Department monitors the employment agent industry through its compliance program. It conducts checks on licensees to ensure they are complying with the requirements under the Act, and investigates any complaints received from the public regarding employment agents. The number of complaints received by the Department is low (an average of 15 per year, the majority of which are found to be unsubstantiated).
The proposed changes include a negative licensing system and changes to conduct requirements.
Under a negative licensing system, employment agents would be required to comply with regulated standards in terms of work or conduct.
However an agent may be excluded from the industry if they have breached regulated standards in the Act.
Compliance will still be a key element. The Department will continue to investigate any allegations of unjust conduct by agents and take action against those found to have breached the requirements under the Act.
Downloads and resources
Legislation: Employment Agents Act 1976
Consultation paper: Review of Employment Agents Act 1976 July 2015
Have your say
Feedback from this consultation will be used to shape reform of the Act and, more generally, the regulation of employment agents.
Survey is now closed.
Enquiries can be made by calling Consumer Protection's Advice Line on 1300 304 054 or by email.
More information about the current employment agent licensing procedures and forms are available from the links below:
- Becoming an employment agent
- Employment agent fees and forms
- Change or transfer an employment agent's licence
Full details of the review and the proposed changes are detailed in the consultation paper.