Victoria’s Labour Hire Authority (LHA) has taken the rare step of suspending the licence of major aged care staffing agency Barton Care Pty Ltd with immediate effect, citing serious concerns about worker qualifications and pay. The regulator found that the company had altered pay slips to disguise the fact that student visa holders were working beyond their permitted hours, while also paying staff below the minimum rate set out in the Aged Care Award.
LHA inspectors visited Barton Care’s premises after receiving intelligence, where they obtained records and spoke with management. The investigation uncovered that dozens of workers supplied by the agency held aged care qualifications that had previously been cancelled by the Australian Skills Quality Authority (ASQA). Of the qualifications reviewed, nearly 70 percent proved invalid, having been issued by training organisations that ASQA had already found non-compliant. In one alleged case, a worker obtained a qualification just nine days after arriving in Australia, despite the course typically taking six to nine months to complete.
Barton Care supplies hundreds of nurses, carers and support workers to facilities across Victoria, New South Wales, Tasmania and the Australian Capital Territory, meaning the fallout from the suspension extends well beyond one state. LHA has notified affected Victorian facilities of the suspension and referred impacted workers to the Migrant Workers Centre for support.
Regulator warns of serious risk to residents
The risk of ongoing harm to elderly residents cared for by unqualified staff prompted LHA to act immediately rather than wait for a standard review process. Acting Labour Hire Licensing Commissioner Michelle Osborne said in a statement the extraordinary step was necessary to put an immediate stop to potentially dangerous conduct, and that the harms identified were serious enough to warrant urgent action ahead of a final decision.
Barton Care now faces penalties exceeding $660,000 under the Labour Hire Licensing Act 2018 (Vic) if it continues supplying workers while suspended. The LHA has also issued a notice of intention to cancel the company’s licence outright, giving Barton Care 14 days to respond before a final decision is made.
The regulator has engaged with the Fair Work Ombudsman, the Aged Care Quality and Safety Commission and ASQA as part of its ongoing response and has urged anyone with concerns about labour hire practices affecting workers or vulnerable persons to report them through its Report a Problem tool.
