Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 7

Passenger vehicles

7. Passenger vehicles

Notwithstanding anything in this Act or any other law, where a person engaged
in driving a vehicle used for carrying passengers for reward has the use of
that vehicle pursuant to a contract of bailment (not being a bona fide
contract for the purchase of the vehicle whether by hire purchase or
otherwise) under which the person is required to pay any sum or sums (whether
of fixed amount or proportionate to mileage or receipts or otherwise) for the
use of the vehicle, then for the purposes of this Act-

   (a)  the person shall be deemed to be working under a contract of service
        with an employer;

   (b)  the person from whom the use of the vehicle is obtained under the
        contract of bailment shall be deemed to be that employer; and

   (c)  the amount received by the person for carrying passengers, less the
        amount paid or payable for the use of the vehicle shall be deemed to
        be remuneration.