Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 1.1.8.

Independent contractors

1.1.8. Independent contractors



(1) A provision of these Regulations that sets out a way that an employer
complies with a duty under section 21 or 35 of the Act in relation to
employees extends to the employer's duty under that section to an independent
contractor engaged by the employer and any employees of the independent
contractor.

(2) If a provision of these Regulations (other than subregulation (1))
provides that an employer's duty under another provision of these Regulations
extends to an independent contractor-



   (a)  that other provision applies as if a reference to an employee were a
        reference to an independent contractor engaged by the employer and any
        employees of the independent contractor; and

   (b)  the duty of the employer under that other provision extends to an
        independent contractor engaged by the employer, and any employees of
        the independent contractor, in relation to matters over which the
        employer has control or would have control if not for any agreement
        purporting to limit or remove that control.