Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 8

Contractors

8. Contractors





(1) Notwithstanding anything in this Act or any other law, where any person
(in this section referred to as the principal) in the course of and 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)3-

   (a)  under or by which the contractor agrees to perform any work not being
        work incidental to a trade or business regularly carried on by the
        contractor in the name of the contractor or under a firm or business
        name; and

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

then for the purposes of this Act the contractor shall be deemed to be working
under a contract of service with an employer and the principal shall be deemed
to be that employer and the amount payable by the principal to the contractor
in respect of the performance of work under the first-mentioned 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.