Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies where —
(a) a
person (the worker ) for remuneration carries out work for another person (the
person mentioned in subsection (1)(a) ) in the course of trade or
business;
(b) that
person has the power of direction and control in respect of the work in a
similar manner to the power of an employer under a contract of employment;
(c)
there is no contract of employment between the worker and that person; and
(d)
neither section 23D nor section 23F applies.
(2) Where this section
applies, section 19 has effect as if —
(a) the
person mentioned in subsection (1)(a) were the employer of the worker;
and
(b) the
worker were the employee of that person,
in relation to any
matter that —
(c)
comes within section 19; and
(d) is a
matter over which that person has the capacity to exercise control.
(3) Where this section
applies, the further duties referred to in subsection (4) apply as
if —
(a) the
person mentioned in subsection (1)(a) were the employer of the worker;
and
(b) the
worker were the employee of that person.
(4) The further duties
mentioned in subsection (3) are —
(a) the
duties of an employee under section 20; and
(b) the
duties of an employer under section 23I(3).
(5) An agreement or
arrangement is void for the purposes of this section to the extent that it
purports to give control to the worker of any matter that —
(a)
comes within section 19; and
(b) is a
matter over which the person mentioned in subsection (1)(a) has the
capacity to exercise control.
(6) This section
applies despite anything to the contrary in, or any inconsistent provision of,
an agreement, whether made orally or in writing.
(7) A purported waiver
by a worker of a right that arises directly or indirectly under this section
is void.
[Section 23E inserted by No. 51 of 2004
s. 8.]