Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 12

Liability of principal contractor for remuneration payable to outworkers of subcontractor

12. Liability of principal contractor for remuneration payable to outworkers
of subcontractor



(1) This section applies where-

   (a)  a person (the principal contractor) has entered into a contract for
        the carrying out of work by another person (the subcontractor); and

   (b)  outworkers employed or engaged by that subcontractor are engaged in
        carrying out the work (the relevant outworkers); and

   (c)  the work is carried out in connection with a business undertaking of
        the principal contractor.

(2) The principal contractor is liable for the payment of any remuneration of
the relevant outworkers that has not been paid for work done in connection
with the contract during any period of the contract unless the principal
contractor has a written statement given by the subcontractor under this
section for that period of the contract.

(3) The principal contractor may withhold any payment due to the subcontractor
under the contract until the subcontractor gives a written statement under
this section for any period up to the date of the statement. Any penalty for
late payment under the contract does not apply to any payment withheld under
this subsection.

(4) Sections 60 and 61 apply to the recovery of remuneration payable by a
principal contractor under this section as if a reference in those sections to
an employer were a reference to the principal contractor.