Contractor or deemed worker?

Employers may still be liable for individuals who hold themselves out to be contractors, but are in fact 'deemed workers' (Schedule 1, Clause 2 of the Workplace Injury Management Act 1998)("Schedule 1").

There is a common misconception that just because someone has an ABN and is paid via their ABN, it automatically means that person is a contractor. Determining the true nature of the relationship between an employer and a hired person needs to be examined in its entirety.

Relevant Law

Clause 2 of Schedule 1 of the 1998 provides:

"Where a contract:

(a) To perform any work exceeding $10 in value (not being work incidental to a trade or business regularly carried on by the contractor in the contractor's own name, or under a business or firm name), or