Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 6

Timber contractors

6. Timber contractors





(1) Notwithstanding anything in this Act or any other law, where-



   (a)  any person (in this section referred to as the principal) in the
        course of or for the purposes of a trade or business carried on by the
        person enters into a contract with any natural person or natural
        persons (in this section referred to as the contractor) under which
        the contractor agrees-

   (i)  to fell trees or cut firewood and deliver the timber or firewood
        obtained from them to the principal;

   (ii) to fell trees or cut scrub on land in the occupation of the principal;
        or

   (iii) to clear such land of stumps or logs; and

   (b)  the contractor does not either sublet the contract or employ workers
        or although employing workers actually performs any part of the work
        personally-

the contractor shall for the purposes of this Act be deemed to be working
under a contract of service with an employer and the principal shall for those
purposes be deemed to be the employer in relation to the contractor within the
meaning of this Act and the amount payable by the principal to the contractor
in respect of the performance of work under the contract shall be deemed to be
remuneration and shall be deemed to include any payment that would be a
superannuation benefit if made in relation to a person in the capacity of an
employee.

(2) If an amount referred to in subsection (1) is included in a larger amount
paid or payable by a principal under a contract referred to in subsection (1)
that part of the larger amount which is not attributable to the performance of
work relating to the contract by a contractor under the contract may be
prescribed.

(3) If the contractor is a partnership, the contractor is deemed for the
purposes of subsection (1)(b) to have performed a part of the work personally
if one or more members of the partnership actually performs any part of the
work personally.

(4) This section applies to contracts entered into whether before or after the
appointed day.