Notice of Preparation of Regulatory Impact Statement - Labour Hire Licensing Amendment (Construction) Regulations 2026

Notice is given in accordance with section 11 of the Subordinate Legislation Act 1994 that a Regulatory Impact Statement (RIS) has been prepared in relation to the proposed Labour Hire Licensing Amendment (Construction) Regulations 2026 (the proposed Regulations).

This notice details the Minister's decision to consult publicly on proposed regulations that would introduce new regulations to amend the Labour Hire Licensing Regulations 2018 (the Regulations).

The reason for the proposed Regulations, to be made under the Labour Hire Licensing Act 2018 (the Act) is to prescribe certain construction activities to be covered by Victoria’s labour hire licensing scheme.

The objectives as stated in the proposed Regulations are to:

• provide clarity to businesses in the construction industry on the coverage of labour hire licensing requirements; and
• reduce harmful conduct on construction sites associated with unlicensed labour hire activity, thereby improving the overall integrity of labour hire in the construction industry.

The RIS aims to resolve potential ambiguity associated with certain construction workforce arrangements that exhibit labour supply characteristics but could be perceived as remaining outside the Act’s definition of ‘provides labour hire services’.

The RIS examines three options, each of which prescribe certain construction activities as labour hire under the Regulations. The options differ in the extent of construction activities prescribed.

The proposed Regulations explicitly prescribe the supply of an individual to perform one or more of the following activities on a construction site as covered by the labour hire regulatory scheme:

• crane operating (including the driving, rigging, dogging and spotting of a crane);
• traffic management or traffic control;
• security guarding or crowd control;
• concreting.

The prescribed activities are subject to common specified thresholds, including that the activities are carried out on major government projects, as well as exclusions to ensure a proportionate regulatory response.

A copy of the RIS and the proposed Regulations can be obtained in electronic form by visiting Engage Victoria. A request for a hard copy of the RIS and the proposed Regulations can be made by emailing the Executive Director, Private Sector branch, Industrial Relations Victoria, Department of Treasury and Finance at irv.info@dtf.vic.gov.au.

The purpose of this notice is to invite public comments on the RIS and the proposed Regulations. All comments must be in writing and lodged at Engage Victoria or via email irv.info@dtf.vic.gov.au by no later than 5.00 PM on 21 September 2026.

All comments and submissions will be treated as public documents and may be published on the Engage Victoria website https://engage.vic.gov.au/ unless the submission clearly indicates it is to be treated confidentially.

Colin Brooks MP

Minister for Industrial Relations