Table 4.1b: Coverage of contractors and labour hire workers

 Are individual contractors covered under legislation?Are labour hire workers covered under legislation?
NSWNot unless contractor is a deemed worker pursuant to Schedule 1, Workplace Injury Management and Workers Compensation Act 1998Yes, labour hire firm held to be employer — Clause 2A. Schedule 1, 1998 Act
VicNot unless the contractor is a deemed worker pursuant to clause 9 of Schedule 1Yes, labour hire firm held to be employer (definition of ‘worker’ in s3)
Qld

No. The following guidance for determining whether a person is a worker is provided:

Worker guidelines and Worker determination

Yes, labour hire firm held to be employer
WANo, unless employed under contract for service and remunerated in substance for personal manual labour or serviceYes, labour hire firm held to be employer
SAYes, if undertaking prescribed work or work of a prescribed class — s4(1) — contract of service and Regulation 5 — contract of service and other termsYes, labour hire firm held to be employer s4(4). See Employment Services (Labour Hire) Guidelines 
Tas

Worker may include contractors:

  • where contract is for work exceeding $100 in value which is not related to a trade or business regularly carried on by the contractor in the contractor’s own name or under a business or firm name — s4B
  • taxi and luxury hire car drivers —  s4DA & s4DB
  • salesperson paid by commission — s4C
  • jockeys — s4DC.

Some forms of contract may misrepresent the contract’s true nature. The final arbiter is the Tasmanian Civil and Administrative Tribunal.

Yes, labour hire firm held to be employer
NTNo, unless contractor works under a contract and, in relation to the contract, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 — s 3BYes, if the individual’s contract or agreement is with the Labour Hire firm, the firm is the employer – 3B(16) Return to Work Act 1986.
ACTNo, if employed under contract for services. However, there are provisions for the coverage of regular contractors (s11).

Yes, where the individual is not an executive officer of the corporation and:

  • the individual has been engaged by the labour hirer under a contract for services to work for someone other than the labour hirer
  • there is no contract to perform work between the individual and person for who work is to be performed, or
  • the individual does all or part of the work. – (s12)
C’wealth ComcareNo, compensation only through employment of employeesPossibly, depending on the nature of the contract
C’wealth SeacareNo, compensation only through employment of employeesPossibly, according to definition of nature of contract
C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) - Not unless they are members of the Defence force or the subject of a Ministerial determination under which they are to be treated as members of the Defence Force for the purposes of the Act - s7A or s8

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) — Not unless they are members of the Defence force or the subject of a Ministerial determination under which they are to be treated as members of the Defence Force for the purposes of the Act — s5.

MRCA — Not unless they are members of the Defence force or the subject of a Ministerial determination under which they are to be treated as members of the Defence Force for the purposes of the Act - s7A or s8

DRCA — Not unless they are members of the Defence force or the subject of a Ministerial determination under which they are to be treated as members of the Defence Force for the purposes of the Act — s5.

New ZealandYesYes, labour hire firm held to be employer