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TASMANIA
__________
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Application of Act)
5. Section 4AA inserted
4AA. Services of domestic or personal nature
6. Section 4B substituted
4B. Employment-like relationships
4BA. Contractors under labour hire arrangements
7. Repeal of Act
[Bill 60]-XI
2
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT BILL 2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
22 November 2012
(Brought in by the Minister for Workplace Relations, the
Honourable David James O'Byrne)
A BILL FOR
An Act to amend the Workers Rehabilitation and
Compensation Act 1988
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Workers
Rehabilitation and Compensation Amendment
Act 2012.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 60] 3
Workers Rehabilitation and Compensation Amendment Act 2012
Act No. of
s. 3
3. Principal Act
In this Act, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
4. Section 4 amended (Application of Act)
Section 4(5) of the Principal Act is amended by
omitting paragraph (c).
5. Section 4AA inserted
After section 4 of the Principal Act, the
following section is inserted in Part I:
4AA. Services of domestic or personal nature
(1) A person who is, by virtue only of
section 4B or 4BA, employed by another
person to provide services -
(a) to the other person at a residence
occupied by the other person; and
(b) that are services of a domestic or
personal nature; and
(c) that are not provided, in any
week, for more than 8 hours -
is not to be taken for the purposes of this
Act, while so employed, to be a worker
employed by the other person.
*No. 4 of 1988
4
Workers Rehabilitation and Compensation Amendment Act 2012
Act No. of
s. 6
(2) In this section -
services of a domestic or personal
nature means services -
(a) provided in relation to a
private residence and
consisting of cooking,
cleaning, gardening or
other work of a domestic
nature; or
(b) consisting of the
provision of care,
supervision, or education,
to a child; or
(c) consisting of the
provision of assistance in
the maintenance, care or
enhancement of a
person's body or the
provision of
companionship to the
person.
6. Section 4B substituted
Section 4B of the Principal Act is repealed and
the following sections are substituted:
4B. Employment-like relationships
(1) Where a person (the contractor) is
engaged under a contract with another
person that results in a legal obligation
5
Workers Rehabilitation and Compensation Amendment Act 2012
Act No. of
s. 6
on the other person to make
superannuation contributions in respect
of the contractor, the contractor is to be
taken for the purposes of this Act, while
so engaged, to be a worker employed by
the other person.
(2) Where a person (the contractor) -
(a) makes a contract with another
person for the contractor to
perform work; and
(b) is wholly or principally
remunerated under the contract
for his or her personal labour and
skills; and
(c) is not engaged under the contract
to achieve a specific result; and
(d) must personally perform the work
under the contract and cannot
delegate the work to another
person he or she employs,
engages or contracts with -
the contractor is to be taken for the
purposes of this Act, while so engaged
under the contract, to be a worker
employed by the other person.
(3) In determining whether subsection (2)
applies in relation to a person who is a
contractor under that subsection, the fact
that the contractor, or a business or firm
of the contractor, has been assigned an
6
Workers Rehabilitation and Compensation Amendment Act 2012
Act No. of
s. 6
Australian Business Number is not to be
taken into account.
(4) Section 4(5)(a) does not apply to, or in
relation to, a person who is a contractor
under this section, while the person is
engaged under the contract in relation to
which the person is such a contractor.
4BA. Contractors under labour hire arrangements
(1) Where -
(a) a person (the contractor) has
been engaged by another person
(the labour hirer) under a
contract for services to perform
work for someone other than the
labour hirer; and
(b) there is no contract to perform the
work between the contractor and
the person for whom the work is
to be performed; and
(c) the contractor does all or part of
the work personally; and
(d) if the labour hirer is a
corporation, the contractor is not
an officer, within the meaning of
section 9 of the Corporations Act,
of the corporation -
the contractor is to be taken for the
purposes of this Act, while so engaged,
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Workers Rehabilitation and Compensation Amendment Act 2012
Act No. of
s. 7
to be a worker employed by the labour
hirer.
(2) In determining whether subsection (1)
applies in relation to a person who is a
contractor under that subsection, the fact
that the contractor, or a business or firm
of the contractor, has been assigned an
Australian Business Number is not to be
taken into account.
(3) Section 4(5)(a) does not apply to, or in
relation to, a person who is a contractor
under subsection (1), while the person is
engaged under the contract in relation to
which the person is such a contractor.
7. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
8 Government Printer, Tasmania