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Department of Justice and Community Safety

APPLYING FOR AN EMPLOYMENT AGENT LICENCE - SOLE-TRADER OR PERSONAL

ARE YOU ELIGIBLE FOR THIS LICENCE?

The Agents Act 2003 and Agents Regulation 2003 determine eligibility for a Employment Agent Licence. You can find the Act and the Regulations on the following website: www.legislation.act.gov.au

  • You must be an adult (18 years of age or older)
  • You must hold the relevant qualifications
  • You must not be disqualified from obtaining the licence

Section 27 of the Agents Act 2003 lists those matters that will disqualify you from being licensed - please refer to the section. For the purpose of answering questions in the statutory declaration (Form 09 AG), "relevant office" means any offence involving dishonesty

APPLICATION FORMS

There are a number of forms you must complete and lodge with the Office of Regulatory Services, Business and Industry Licensing Unit:

  • Application form front page - Form 01 EAP
  • Personal particulars form - Form 04 (this also requires 2 forms of personal identification - see Infotext G O1)
  • Statutory declaration for an agent licence or salesperson registration - Form 09 AG
  • National Police Check from the Australian Federal Police
  • Additional particulars (about qualifications, licensed employer and advertisement in newspaper) - Form 21
  • Premises particulars - Form 24 AG (if you intend to operate your own business in the ACT)

Downloads

Employment Agent Licence (Personal) Application Package- includes all of the above forms plus instructions

QUALIFICATIONS

The Agents Regulation 2003 currently does not prescribe any qualifications for the purpose of obtaining an employment agent licence.

POLICE RECORDS CHECK

You must obtain and lodge with us a National Police Check. You must apply to the Australian Federal Police for this report. It may take several weeks for you to obtain this report from the AFP.

We will NOT license you until we have received the police records check and have determined that you are eligible for the relevant licence.

If you have any convictions or finding of guilt in a court, whether Magistrates, Children’s or other courts, recorded against you, whether in the ACT or any other state, territory or country, you must declare these on the police consent form. The rule of "spent convictions" applies. Details of convictions or findings of guilt that have become "spent" will not be provided to us by the Australian Federal Police.

ADVERTISEMENT

You must publish a notice of your intention to apply for a licence (specifying the licence category or categories), in a daily ACT newspaper, before you apply for a licence (see suggested working for this on the rear of Form 21). You must lodge your application within 10 business days after the notice is published and include a copy of the page on which your notice of intention is published.

MUTUAL RECOGNITION

The principle of mutual recognition does not apply to employment agents.

LICENCE CERTIFICATE

Your licence will be in the form of an A4 licence certificate, showing your name, place of business and expiry date.

LICENCE FEES

We will advise you about licence fees and the method of payment. We will contact you when the period for objections to be lodged has passed and the Commissioner for Fair trading has determined your eligibility to be licensed. Licences expire annually on 30 June.