New labour hire laws to commence 1 March 2018 – CBS news

The Labour Hire Licensing Act 2017 will commence on 1 March 2018. The new law aims to protect workers from being exploited by providers of labour hire services.

Anyone who operates as a labour hire provider in South Australia must be licensed, and it will be unlawful for employers to use the services of an unlicensed operator.

A transitional period will be provided to allow industry time to be fully compliant. This means that all labour hire providers must be licensed by 1 September 2018. Applications must be lodged well ahead of this date to ensure that providers comply from 1 September.

A new online application form will be available from 1 March 2018. Applications can be lodged from this date. Labour hire providers will be taken to be licensed from the date the licence is granted.

The Labour Hire Licensing Regulations are currently being finalised.

Background

The South Australian Labour Hire Licensing Bill 2017 passed Parliament on 29 November 2017.

 


Labour Hire Licensing Bill 2017 process updates – CBS news

The South Australian Labour Hire Licensing Bill 2017 passed Parliament on 29 November 2017.

Once implemented, the laws will support a labour hire licensing regime that:
• makes it unlawful to operate as a labour hire provider without a licence, and for employers to use unlicensed operators
• protects workers from exploitation by providers of labour hire services
• protects licensed labour hire businesses from predatory business practices that may be engaged in by persons unsuitable to be licensed to provide labour hire services
• promotes the integrity of the labour hire industry.

Consumer and Business Services has begun the process of drafting the Labour Hire Licensing Regulations.


Reform to SA liquor laws – CBS news

Following extensive community and industry consultation, new liquor licensing laws have passed Parliament. The first stage of changes commenced on 18 December 2017.

The laws are part of comprehensive reforms to South Australia’s liquor licensing system, aiming to reduce red tape and administrative burden for industry, while strengthening our laws to minimise alcohol related violence.

Consumer and Business Services will work closely with industry bodies and liquor licence holders to ensure a smooth transition.

Future consultation

Further targeted consultation will occur in 2018, focusing on the new fee structure and aspects of the licensing regime, including:

  • new classes of licence, in particular details of the short term licence class
  • the seizure of evidence of age documents
  • disciplinary action before the Liquor and Gambling Commissioner for certain matters
  • minors on licensed premises.

The changes below commenced on 18 December 2017

Supply to minors

There are now stronger penalties for people who illegally supply alcohol to anyone under 18. Big parties and events will be targeted, where large groups of teenagers are supplied with alcohol.

Licensed businesses are still prohibited from supplying alcohol to people under 18 years old.

Entertainment consent

Licensed venues no longer need consent from Consumer and Business Services to host a range of entertainment, including music and comedy.

This makes it easier for businesses to host bands, supporting a vibrant live music scene.

Consent is still required for prescribed entertainment such as boxing, martial arts and sexually explicit entertainment.

Licensed premises must still follow the conditions of their development approval, and any conditions or approvals made under other legislation.

Temporary approval of responsible persons

These reforms streamline the responsible person process and support employment.

Temporary approval of a responsible person is now available for up to 6 months, while the employee undertakes the responsible person vetting process.

This allows employees to start work faster, without businesses needing to wait weeks or months for approval.

Applications to become a responsible person remain the same, with temporary approval being granted once the relevant forms have been lodged.

Individuals can now also apply to become a responsible person, while previously applications could only be made by the licensee employing the person.

The Liquor and Gambling Commissioner can revoke approval of a responsible person at any time.

Licence-holders can search whether a responsible person is approved, temporarily approved or revoked on the CBS website.

Exemptions for low-risk businesses

Low-risk businesses no longer require a liquor licence to treat their clients to a drink, reducing administrative burden and supporting industry.

Exempt businesses can sell or supply liquor without a licence in certain circumstances, including:

  • hairdressers and barbers
  • cruise ships
  • retirement villages
  • businesses selling gifts
  • jewellers
  • patient care accommodation.

The current licence exemption for bed and breakfast style accommodation has also been extended. For example, bed and breakfasts with a capacity of up to 16 guests can now supply alcohol without a licence under certain conditions, while previously this was limited to 8 guests.

Other red-tape reduction

A number of other red-tape reduction measures also came into effect on 18 December:

  • abolishing the requirement for some licensed businesses to provide meals at the request of a member of the public or a lodger
  • removal of designated dining areas, reception areas and sampling areas
  • removal of most notification and advertising requirements that currently apply to licence applications
  • administrative changes to streamline the appointment of inspectors, clarify definitions and allow the Liquor and Gambling Commissioner to publish determinations and exclude information where appropriate.

Forms 5 & 6 – details to include in a sales contract (Second-hand Vehicle Dealers)

Changes were recently made to second-hand vehicle dealers legislation requiring additional details to be included in form 5 and form 6.

There is a transitional period to allow dealers time to understand their obligations under the amendments and to comply with the new form requirements.

The transitional period has been extended to 1 March 2018. After that date, forms 5 and 6 used by dealers must comply.

New requirements

Changes to the Second-Hand Vehicle Dealers Regulations 2010 were made through the Second-hand Vehicle Dealers (Simplify No 2) Variation Regulations 2017.

Additional details that must be included in Forms 5 and 6 are:

• dealer handling fee
• ownership and odometer declaration
• signatures of the parties to the contract.

 


Know your obligations when selling disability goods and services

Businesses, including not-for-profit businesses, have obligations under the Australian Consumer Law when selling goods and services to consumers with disability or to participants in the National Disability Insurance Scheme (NDIS).

It is important that you treat consumers fairly and take particular care when dealing with consumers that may be disadvantaged or vulnerable.

Here are some tips to help you do the right thing.

Contracts

Be clear about what products or services you are selling and what you are charging. A contract/service agreement can protect your business from misunderstandings so make sure you include all the important details, and make sure that consumers understand the contract before they sign it.

Contracts can be verbal too – so if you or your staff promise something you need to deliver it.

Communication with customers

Any advertising material or statements you make must be truthful and accurate. You cannot rely on small print or disclaimers to justify a misleading overall message.

Be aware of your obligations when using direct marketing like door-to-door or telemarketing:

  • There are certain days and times when you must not contact consumers.
  • Consumers have a 10-day cooling-off period.

You must not unduly harass or coerce consumers or engage in unconscionable conduct. This includes repetitive unnecessary or excessive contact or by using force (actual or threatened) that restricts another person’s choice or freedom to act.

You must not demand payment for goods or services the consumer did not request or that you did not supply.

Consumer guarantees

The goods or services you supply to a consumer come with automatic guarantees. This means they must be safe, work correctly and meet promises made about the condition, performance and quality. People delivering services must have the appropriate skills, experience and qualifications. As a business you must honour these guarantees. If a guarantee is not met you must provide a remedy such as a refund, repair or replacement.

As a business you can refuse to provide a refund if the consumer has changed their mind.

More information

See the guide for suppliers to help businesses selling to and supplying consumers with disability.

 


Know your rights when buying disability goods and services

When buying goods and services under the National Disability Insurance Scheme (NDIS) you’ll want to get the best result that meets your needs. This is important if you are buying or signing up for something that is worth a lot of money or that you will use for a long time.

Transcript of video

Here are some tips to help you make an informed decision.

Choose carefully

Ask questions to decide what you should buy. Compare options, quality and features. Find out about:

  • what exact services are included
  • ongoing sales and care support
  • any cancellation fees.

Take your time and don’t feel rushed. If you need help, talk to someone you trust, such as a family member, friend, community organisation, advocate or other support network.

Check out the seller

Ask around, talk to your friends and support networks, search online and look at independent product reviews.

Be aware that sometimes businesses exaggerate the benefits of a product of service, or may even make claims that aren’t true. If you have doubts about a claim, ask the salesperson for evidence to back up their claims. Remember it’s okay to say ‘no’ to a salesperson.

Be careful with your details

Be careful with your personal information such as bank, tax file number and pension or Centrelink information. Sometimes people will try to trick you into giving them your personal information so they can steal your money.

If something goes wrong

When you buy products or services, by law, the business guarantees that:

  • products are safe, work correctly and meet promises made about the condition, performance and quality.
  • services will be provided with acceptable care and skill, will give the results as agreed, and will be carried out within a reasonable time.

If a guarantee is not met, you have the right to ask for a repair, replacement or refund. To do this, you will need to show proof of your purchase. Proof can be a receipt, a bank or credit card statement. Make sure you keep a copy of receipts, warranties and anything you sign.

If you have a problem with a product or service you should first contact the business you bought it from. If they refuse to help, contact Consumer and Business Services on 131 882.

For more information

Guides are available to help consumers with disability understand their rights under the law. You can read these guides by visiting www.accc.gov.au/disabilityresources


New liquor licensing laws pass Parliament

Following extensive community and industry consultation, new liquor licensing laws were passed by Parliament yesterday.

The Liquor Licensing (Liquor Review) Amendment Bill 2017 will reduce red tape and administrative burden for industry, while strengthening our laws to minimise alcohol related violence.

More details can be found on the Attorney-General’s Department website.

The changes will be implemented in different stages, with further consultation in 2018 on the new fee structure and aspects of the new licensing regime.

Consumer and Business Services will work closely with industry bodies and liquor licence holders to ensure a smooth transition.

You are encouraged to sign-up for liquor licensing reform announcements and consultation opportunities.

Subscribe to the liquor licensing reform mailing list.


Ride or accommodation sharing – CBS news

If you buy or hire goods and services through an online marketplace or sharing economy platform, you are protected by the Australian Consumer Law (ACL), in the same way as you would be if you were to buy in store.

Traders are protected by the ACL and also have obligations to consumers, like guaranteeing that the services and goods they’re providing comply with the law.

Transcript – the sharing economy – introduction (DOC 13KB)

Consumers – If you buy goods and services

Your rights don’t change if you hire goods or buy services online, through an app or sharing platform, or if you make in-store purchases. You have consumer guarantee rights.

If there is a problem:

  • Check the platform’s terms and conditions and their complaint management process, if they have one.
  • You may be able to cancel the contract and get a refund if a consumer guarantee isn’t met

Follow these simple steps to resolve the issue:

  • speak to the seller or service provider
  • contact the platform through their internal dispute resolution process, if they have one
  • write a factual customer review and rate the trader on the platform
  • contact Consumer and Business Services for advice if the matter isn’t resolved with the platform and/or trader.

Transcript – the sharing economy – remedies (DOC 13KB)

Transcript – the sharing economy – cancellations (DOC 13KB)

Transcript – the sharing economy – disputes (DOC 13KB)

Traders – If you hire or sell goods and services

Your rights:

  • platform operators must not mislead or deceive you
  • you have consumer guarantee rights when buying services from a platform operator
  • there are certain circumstances where it is illegal for a platform operator to refuse to supply you
  • you can refuse to provide a refund if the consumer has simply changed their mind.

If you believe a consumer has not held up their end of a contract for a good or service, some platforms have their own internal resolution process to deal with this. Read your platform’s community rules and internal resolution process guidelines.

Contact Consumer and Business Services for advice if you aren’t able to resolve a problem with the platform or consumer first.

 Your obligations

  • Be transparent about the product or service you are advertising so there are no surprises to consumers
  • Avoid misleading or deceptive statements
  • Make sure reviews provided about your service or product are not misleading or fake
  • You must comply with product safety obligations.

Transcript – the sharing economy – advertising (DOC 13KB)

Transcript – the sharing economy – reviews (DOC 13KB)