Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 7

Liability of apparent employer for unpaid remuneration for which an unpaid remuneration claim has been made

7. Liability of apparent employer for unpaid remuneration for which an unpaid
remuneration claim has been made



(1) Except as provided by subsection (4), an apparent employer served with an
unpaid remuneration claim under section 6 is liable (subject to any
proceedings as referred to in section 9) for the amount of unpaid remuneration
claimed.

(2) An apparent employer may, within 14 days after being served with an unpaid
remuneration claim, refer the claim in accordance with this section to another
person the apparent employer knows or has reasonable grounds to believe is the
person for whom the work was done (the actual employer).

(3) An apparent employer refers an unpaid remuneration claim in accordance
with this section by-

   (a)  advising the outworker concerned in writing of the name and address of
        the actual employer; and

   (b)  serving a copy of the claim (a referred claim) on the actual employer.

(4) The apparent employer is not liable for the whole or any part of an amount
of unpaid remuneration claimed for which the actual employer served with a
referred claim accepts liability in accordance with section 8.

(5) An apparent employer cannot refer an unpaid remuneration claim under this
section to a person that is a business or body corporate owned or managed by
the outworker who made the claim.