South Australian Consolidated Regulations South Australian Consolidated Regulations (1) For the purposes
of the definition of "contract of service in section 3(1) of the Act (but
subject to this regulation), the following classes of work under a contract,
arrangement or understanding are prescribed classes of work:
(a)
building work, other than wall or floor tiling, where—
(i)
the work is performed by one person to the contract,
arrangement or understanding (the worker) in the course of or for the purposes
of a trade or business carried on by another person to the contract,
arrangement or understanding (the employer); and
(ii)
the work is performed personally by the worker (whether
or not the worker supplies any tools, plant or equipment); and
(iii)
the worker does not employ any other person to carry out
any part of the work; and
(iv)
the value of any materials supplied, or reasonably
expected to be supplied, by the worker does not exceed—
(A) 4 per cent of the total amount payable,
or reasonably expected to be payable, under or pursuant to the contract,
arrangement or understanding; or
(B) $50,
whichever is the greater; and
(v)
the value of any one tool, or any single item of plant or
equipment, owned or leased by the worker for work purposes (whether or not it
is used in the performance of the particular work) does not exceed—
(A) in 1999—$12 000;
(B) in a subsequent year—an amount
(calculated to the nearest multiple of $100) that bears to $12 000 the
same proportion as the Consumer Price Index for the September quarter of the
immediately preceding year bears to the Consumer Price Index for the September
quarter, 1998;
(b)
cleaning work, where—
(i)
the work is performed by one person to the contract,
arrangement or understanding (the worker) in the course of or for the purposes
of a trade or business carried on by another person to the contract,
arrangement or understanding (the employer); and
(ii)
the work is performed personally by the worker (whether
or not the worker supplies any tools, plant or equipment); and
(iii)
the worker does not employ any other person to carry out
any part of the work; and
(iv)
—
(A) in the case of window cleaning
work—the value of any materials supplied, or reasonably expected to be
supplied, by the worker does not exceed—
— if the term of
the contract, arrangement or understanding is not more than one
month—$25;
— if the term of
the contract, arrangement or understanding is more than one month—an
average of $25 per month;
(B) in any other case—the value of
any materials supplied, or reasonably expected to be supplied, by the worker
does not exceed—
— if the term of
the contract, arrangement or understanding is not more than one
month—$50;
— if the term of
the contract, arrangement or understanding is more than one month—an
average of $50 per month;
(c)
driving a motor vehicle used for the purposes of transporting goods or
materials (whether or not the vehicle is registered in the driver's name)
where the driver is paid under the Local Government Employees Award or the
Adelaide City Corporation Award and where—
(i)
the work is performed by one person to the contract,
arrangement or understanding (the worker) in the course of or for the purposes
of a trade or business carried on by another person to the contract,
arrangement or understanding (the employer); and
(ii)
the work is performed personally by the worker (whether
or not the worker supplies any tools, plant or equipment); and
(iii)
the worker does not employ any other person to carry out
any part of the work; and
(iv)
the value of any materials supplied, or reasonably
expected to be supplied, by the worker does not exceed $50;
(d)
driving a taxi-cab or similar motor vehicle used for the purpose of
transporting members of the public where the driver does not hold or lease a
licence issued in relation to the vehicle and where—
(i)
the work is performed by one person to the contract,
arrangement or understanding (the worker) in the course of or for the purposes
of a trade or business carried on by another person to the contract,
arrangement or understanding (the employer); and
(ii)
the work is performed personally by the worker (whether
or not the worker supplies any tools, plant or equipment); and
(iii)
the worker does not employ any other person to carry out
any part of the work; and
(iv)
the value of any materials supplied, or reasonably
expected to be supplied, by the worker does not exceed $50;
(e)
driving or riding for fee or reward a vehicle, other than a commercial motor
vehicle, for the purpose of transporting by road goods or materials (including
money) where the driver or rider does not simultaneously own or operate more
than one vehicle for work purposes and where—
(i)
the work is performed by one person to the contract,
arrangement or understanding (the worker) in the course of or for the purposes
of a trade or business carried on by another person to the contract,
arrangement or understanding (the employer); and
(ii)
the work is performed personally by the worker (whether
or not the worker supplies any tools, plant or equipment); and
(iii)
the worker does not employ any other person to carry out
any part of the work; and
(iv)
the value of any materials supplied, or reasonably
expected to be supplied, by the worker does not exceed $50; and
(v)
the goods or materials being transported are not owned
(and have not been previously owned) by the driver or rider (as the case may
be), or by the employer;
(f)
performing as a singer, dancer, musician, ventriloquist, acrobat, juggler,
comedian or other entertainer at a hotel, discotheque, restaurant, dance hall,
club, reception house or other similar venue, but excluding work as an actor,
model or mannequin, or as any other type of entertainer, in performing as part
of a circus, concert recital, opera, operetta, mime, play or other similar
performance, where—
(i)
the work is performed by one person to the contract,
arrangement or understanding (the worker) in the course of or for the purposes
of a trade or business carried on by another person to the contract,
arrangement or understanding (the employer); and
(ii)
the work is performed personally by the worker (whether
or not the worker supplies any tools, plant or equipment); and
(iii)
the worker does not employ any other person to carry out
any part of the work; and
(iv)
the value of any materials supplied, or reasonably
expected to be supplied, by the worker does not exceed $50;
(g)
thoroughbred riding work where the work is performed by a licensed jockey
(and, for the purposes of the application of the Act to a licensed jockey as a
worker, TRSA will be taken to be his or her employer).
(2) For the purposes
of subregulation (1)—
(a) the
value of any tool, plant or equipment owned or leased by a worker is the price
that, at the time that the worker enters into the relevant contract,
arrangement or understanding, the worker would reasonably be expected to pay
if the worker were to purchase an equivalent, unused, tool or item of plant or
equipment; and
(b) a
vehicle will not be taken to be used for work purposes if its sole or
principal use is to transport the worker, and any tools, plant or equipment,
to any work site.
(3) If—
(a) a
licensed gas fitter is engaged by Boral Energy Limited to perform building
work; and
(b) the
licensed gas fitter supplies materials for the purposes of that work,
that work is not included in the classes of work prescribed by
subregulation (1).
(4) If—
(a) a
person performs work as an outworker; and
(b) any
aspect of that work is governed by an award or industrial agreement that is
expressed to apply to outworkers (or a specified class or classes of
outworkers),
that work is prescribed work for the purposes of the definition of
"contract of service" in section 3(1) of the Act.
(5) Subject to
subregulation (6), the work of a minister, priest or other member of a
religious order is a prescribed class of work for the purposes
of the definition of "contract of service" in section 3(1) of the Act.
(6) Pursuant to
section 3(7) of the Act, the following persons are excluded from the
application of the Act:
(a) a
minister ministering within The Anglican Church of Australia in South
Australia; or
(b) a
priest or other member of a religious order ministering within the Catholic
Church of South Australia; or
(c) a
pastor ministering within the Lutheran Church of Australia South Australia
District Inc.; or
(d) an
ordained minister, deaconess or lay pastor of The Uniting Church in Australia
ministering in South Australia in an approved placement under the
"Classification of Ministers" of that Church; or
(e) an
officer of The Salvation Army appointed in South Australia under the orders
and regulations for officers of The Salvation Army.
(7) The work of a
Review Officer appointed under the Act is prescribed
work for the purposes of the definition of "contract of service" in section
3(1) of the Act (and, for the purposes of the application of the Act to such a
Review Officer as a worker, the Crown will be taken to be his or her
employer).
(8) For the purposes
of the definition of "local government corporation in section 3(1) of the Act,
the following bodies are prescribed as being within this definition:
(a)
committees of a council under the Local Government Act 1999 ;
(b)
subsidiaries of a council (or councils) established under the Local
Government Act 1999 ;
(c)
control boards established under the Animal and Plant Control (Agricultural
Protection and Other Purposes) Act 1986 ;
(d) the
Local Government Finance Authority of South Australia established under the
Local Government Finance Authority Act 1983 ;
(e) the
Local Government Superannuation Board continued under the Local
Government Act 1999 ;
(f)
Local Government Training Authority (S.A.) Incorporated;
(g)
Council Purchasing Authority Pty. Limited.
(10) For the purposes
of section 3(6) of the Act, a prescribed circumstance is where a person (the
principal) contracts with another person (the contractor) who is not
registered as an employer under the Act.
(11) Pursuant to
section 3(7) of the Act, but subject to subregulation (12), a worker who
is employed by an employer to participate as a contestant in a sporting or
athletic activity (and to engage in training or preparation with a view to
such participation, and other associated activities) is, in relation to that
employment, excluded from the application of the Act.
(12)
Subregulation (11) does not apply to—
(a) a
person authorised or permitted by a racing controlling authority within the
meaning of the Authorised Betting Operations Act 2000 to ride or drive in
a race within the meaning of that Act; or
(b) a
boxer or wrestler employed or engaged for a fee to take part in a boxing or
wrestling match.
(13) A person (the
"driver") who is employed or engaged by
another (the "principal") to transport goods or materials (including money) by
motor vehicle in the course of or for the purposes of a trade or business
carried on by the principal is excluded from the application of this Act
if—
(a) the
motor vehicle is a commercial motor vehicle; and
(b) the
motor vehicle is owned, leased or hired by the driver; and
(c) the
motor vehicle is not owned by, leased from or hired out by, or otherwise
supplied by (directly or indirectly)—
(i)
the principal; or
(ii)
a third person who is related to the principal; and
(d) the
goods or materials are not owned (and have not been previously owned) by the
driver or by the principal.
(14) For the purposes
of subregulation (13), a principal and another person will be taken to be
related if—
(a) they
are employer and employee; or
(b) the
other person is accustomed or under an obligation (whether formal or informal)
to control the use of the relevant motor vehicle in accordance with the
directions or determinations of the principal.
(15) Pursuant to
section 3(7) of the Act, a person to whom the Seafarers Rehabilitation and
Compensation Act 1992 of the Commonwealth applies is excluded from the
application of the Act.