Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 8

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

8. Liability of actual employer for unpaid remuneration for which an unpaid
remuneration claim has been made



(1) An actual employer served with a referred claim under section 7 may,
within 14 days after the service, accept liability for the whole or any part
of the amount of unpaid remuneration claimed by paying it to the outworker
concerned.

(2) An actual employer who accepts liability must serve notice in writing on
the apparent employer of that acceptance and of the amount paid.

(3) If the apparent employer has paid to the outworker concerned any part of
the amount of unpaid remuneration claimed for which the actual employer served
with the referred claim has not accepted liability, the apparent employer may
deduct or set-off the amount the apparent employer has paid to the outworker
from any amount that the apparent employer owes to the actual employer
(whether or not in respect of work the subject of the referred claim).