A labour hire licence check is the first job when a seasonal crew starts work in a second state. Victoria, Queensland, South Australia and the ACT each license labour hire providers, and each puts a duty on the business that uses one. New South Wales has no general scheme today. This article compares the schemes that apply to interstate labour hire from the host's side and gives Victoria the most space, because its definition of labour hire changed on 1 October 2026.
The blog already holds single-state detail: the Brisbane post covers Queensland licensing in more detail, the Adelaide post covers South Australian licensing for hosts, and the agriculture post sets out licence checks for harvest crews.
Four licensing schemes and one gap
Victoria, Queensland, South Australia and the ACT each run a licensing scheme, and New South Wales has none.
Victoria
Under the Labour Hire Licensing Act 2018 (Vic), providers must be licensed and hosts must only use licensed providers. The host obligations for a labour hire licence are set out in the Labour Hire Authority's guidance for hosts: a host that engages an unlicensed provider can face penalties exceeding $660,000 for a corporation, plus interruption to its business if the Authority finds an unlicensed provider has supplied workers.
Queensland
In Queensland, a person must hold a licence to provide labour hire services (section 10 of the Labour Hire Licensing Act 2017) and must not, without a reasonable excuse, enter an arrangement with an unlicensed provider (section 11). It is a reasonable excuse if the provider was shown on the register as a licence holder when the arrangement was entered. Check the current version of the Act on the Queensland legislation site for later changes.
South Australia
South Australia's Labour Hire Licensing Act 2017 requires a licence to provide labour hire services (section 11) and bars a person from entering an arrangement with an unlicensed provider without a reasonable excuse (section 12). As in Queensland, a provider shown on the register as a licence holder when the arrangement was entered is a reasonable excuse. Check Consumer and Business Services SA for current scope and start dates.
Australian Capital Territory
In the ACT, providing labour hire services without a licence is an offence (section 33 of the Labour Hire Licensing Act 2020). A person also must not enter an arrangement with an unlicensed provider (section 35), which carries a civil penalty, unless the provider was on the register at the time or the person has a reasonable excuse.
New South Wales
NSW has no general labour hire licensing scheme today. The NSW Government has pledged, in a ministerial release, to introduce a bill within 100 days of re-election to license labour hire providers in all industries, and host businesses would then only be able to use registered providers. A pledge is not law, so check the current position with the NSW Government before you rely on it. In the meantime, ask any NSW supplier for evidence of workers compensation cover and payroll compliance.
What changed in Victoria on 1 October 2026
From 1 October 2026, the definition of providing labour hire services under Victoria's Act focuses on whether an arrangement has the character of labour supply. The Labour Hire Authority says in its October notice that any arrangement with that character, anywhere in a supply chain, requires the provider to hold a licence. That includes bare intermediary companies, which do not directly employ workers but on-supply workers employed by other companies.
The Authority's own caveat matters here: "In most cases, this will not affect when a labour hire licence is required but will make clearer that businesses require a licence to supply labour anywhere in a supply chain." So for most businesses this is a clarification, not a new obligation.
The new definition also reaches some placement arrangements, such as recruiting or placing workers where the provider also supplies their accommodation. If you use a recruitment or placement agency, check each regulator's definition rather than assuming either way.
Which licence counts when a crew crosses a border
Check the provider on the register of each state where your people will work. Whether one state's licence covers work in another is a question for the regulator in the state where the work happens, so ask it before you assume it does.
Chandler Personnel, an independent Melbourne-based blue collar specialist, has pages on warehousing labour hire in Victoria, warehousing labour hire in Queensland and warehousing labour hire in NSW. Where a state runs a licence register, check any provider on it before the first shift.
A pre-peak licence check routine for hosts
The Labour Hire Authority's checklist for new providers is written for Victoria, but its steps work as a baseline in any state that runs a register.
- Check the register, not the paperwork. The Authority says not to rely on paper documentation, because it could be illegitimate or out of date.
- Match the business to the entry. Confirm the company offering services is the one on the register, note who is named as running the business, and contact the nominated officer using the register's details.
- Watch for warning signs. The Authority lists quotes lower than market value, bank account names that do not match or keep changing, and directors linked to liquidated entities.
- Put it in writing. Sign a written contract that identifies the provider and includes an obligation to advise of any subcontracting arrangements or changes to licence status.
- Get notified. In Victoria, Follow My Providers notifies you of changes to a provider's licence status.
Once the licences are confirmed, the next question is how to run two or three suppliers through one peak, which the post on using multiple labour hire suppliers covers.
Records to keep for each state
In Victoria, the Authority's inspectors may require a host to produce documents about its use of labour hire providers. In Queensland, South Australia and the ACT, the register entry on the day you entered the arrangement is what the protection in each Act turns on. Keep a dated file for each provider and each state.
- Register evidence. A dated copy of the provider's register entry in each state, taken on or before the day you signed.
- Contract terms. The signed contract, including the duty to advise of subcontracting and licence changes.
- Work locations. Which state each worker worked in and on which dates, so you know which scheme applied to which person.
- NSW evidence. Workers compensation and payroll evidence from the supplier, plus the date you last checked the NSW position.
Related Resources
- Labour Hire Authority guidance for hosts
- October notice on supply chains
- Queensland labour hire licensing Act
- Queensland licensing in more detail
- South Australian licensing for hosts
- Licence checks for harvest crews
Frequently Asked Questions
Does NSW require a labour hire licence?
Not today. NSW has no general labour hire licensing scheme. The NSW Government has pledged to introduce a bill within 100 days of re-election to license providers in all industries, after which host businesses could only use registered providers. A pledge is not law and carries no start date, so check the current position with the NSW Government before you rely on it.
What penalties can a host face for using an unlicensed provider in Victoria?
The Labour Hire Authority says a host that engages an unlicensed provider can face penalties exceeding $660,000 for a corporation. A host also faces interruption to its business if the Authority finds an unlicensed provider has supplied workers to it. The Authority adds that hosts can be liable for a provider's contraventions under workplace and migration law.
How often should I re-check a provider's licence?
The Labour Hire Authority's host guidance does not set a re-check interval. It tells hosts to check a new provider on the Labour Hire Licence Register before engaging it, to check current providers on the register too, and to subscribe to Follow My Providers for notice of any change in a provider's licence status. A fresh dated check before each peak is a sensible routine. Check each state's regulator for its own guidance.
What should I ask a provider that supplies workers in more than one state?
Ask for the licence details in each state where workers will work, and check each against that state's register yourself. Ask in writing whether the provider uses another business to fill any part of your order. Ask for notice of subcontracting and of any licence change. For NSW, ask for workers compensation and payroll evidence.
Check the licence in every state you staff
List every state where a seasonal worker will work, then check each provider on that state's register and file the evidence before the peak begins. Keep the NSW position under review. When you are ready to staff the peak, you can request staff from Chandler Personnel.
