The Fair Trading Act 1987 and the Fair Trading Regulation 2007 includes new and improved consumer protection measures for job seekers in NSW.

Although it is no longer a requirement for an employment placement service to be licensed, they are required to comply with the Fair Trading Act. Section 60Q prohibits an employment placement service from charging a job seeker a fee. The maximum penalty that may be incurred for breaching this provision is $5,500.

Information standard

By law an employment placement service must provide a job seeker with a written notice with the following information set out:

• an employment placement service must not charge a job seeker a fee for the purpose of finding the job seeker employment;
• an employment placement service must not engage in misleading or deceptive conduct (such as advertising a position as being available when the agency knows no such position exists or knowingly giving misleading information to a job seeker about the nature of a position); and
• if a job seeker believes that an employment placement service has acted inappropriately, the job seeker may contact the Office of Fair Trading for information on possible action that may be taken.

Common questions & answers

When is an employment placement service required to provide the information standard to the job seeker?

The employment placement service is required to give the notice before it provides its first service to the job seeker.

In what format is the written notice to be provided?

The Regulations do not require the information to be provided in any particular style or format. They simply require that the information standard be provided in writing. The employment placement service may choose to email, mail or fax the information to their client.

Is it acceptable if the employment placement service verbally provides the information standard to the job seeker?

No. The employment placement service may advise the job seeker verbally but they must also follow this up by providing a written notice.

Are the legislative requirements relating to the provision of information standard fulfilled if the employment placement service displays a poster in their premises or places the information on their website?

No. The regulation requires an employment placement service to give the information to the job seeker as set out in the information standard.

Where can I get a copy of the Act and Regulations?

Follow the links on the List of legislation page on the Fair Trading website. Refer to Part 5C in the Act and Part 4 in the Regulation for the provisions that specifically refer to employment placement services.

Employment websites

Australian JobSearch
www.jobsearch.gov.au
Australia’s largest free online job board for job seekers, employers and service providers.

Australian Workplace
www.workplace.gov.au
Australian Workplace provides job seekers, employees, and employers with information about finding a job, starting work and workplace issues.

business.gov.au
www.business.gov.au
business.gov.au offers employers a wide range of services and information on topics such as employing people, superannuation, training and apprenticeships.

JobAccess
www.jobaccess.gov.au
JobAccess provides employers with information about employing people with disability. Topics include government incentives, common employer concerns and benefits to employers.

Job Network
www.jobnetwork.gov.au
Job Network is a no-fee recruitment service with a national network of over 1000 independent recruitment offices. Employers deal with a local team and receive specialised recruitment services.

JobWise
www.jobwise.gov.au
JobWise is a site dedicated to promoting mature age employment.

Office of Industrial Relations
www.industrialrelations.nsw.gov.au
The Office of Industrial Relations deals with employment conditions and wages.

Workplace Authority 
www.workplaceauthority.gov.au
The Workplace Authority is the central point of contact for advice and information on Australia's workplace system.