AustLII Tasmanian Numbered Acts

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WORKERS REHABILITATION AND COMPENSATION AMENDMENT ACT 2000 (NO. 99 OF 2000) - SECT 6

Sections 4A , 4B , 4C and 4D inserted

After section 4 of the Principal Act , the following sections are inserted in Part I:

4A.     Services of workers lent or on hire

If an employer lends or hires the services of a worker to another person, the employer continues to be the employer, for the purposes of this Act, of the worker while the worker is working for that other person.

4B.     Contractors

(1)  Subject to subsection (2) , where a person makes a contract with a contractor to perform work exceeding $100 in value that is not 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, and the contractor does not sublet the contract or employ any worker, the contractor is taken to be a worker employed by the person making the contract.
(2)  If a contractor to whom subsection (1) applies takes out his or her own personal accident insurance, the contractor is taken not to be a worker for the period during which that insurance remains valid.
(3)  If a contractor takes out his or her own personal accident insurance, the contractor is to provide the person with whom the contract is made with evidence of the contractor's insurance.
(4)  If a contractor does not take out his or her own personal accident insurance, he or she is to advise the person with whom the contract is made that the contractor has not taken out such insurance.

4C.     Salespersons

(1)  A salesperson, canvasser, collector or other person paid wholly or partly by commission is, for the purposes of this Act, taken to be a worker in the employment of the person by whom the commission is payable, unless the commission is received for or in connection with work incidental to a trade or business regularly carried on by the salesperson, canvasser, collector or other person or by a firm of which he or she is a member.
(2)  If more than one employer is employing a salesperson, canvasser, collector or other person at the time of an injury to that person, all the employers are liable to contribute to any compensation payable under this Act in respect of the injury in such proportion as, in default of agreement, the Tribunal determines.

4D.     Participants in training programs

(1)  A training program that includes the provision of workplace-based training and involves the provision of funding by the Commonwealth may be prescribed as a training program for the purposes of this section.
(2)  A class of payments may be prescribed as payments that are taken to be wages in respect of a participant in a prescribed training program.
(3)  A participant in a prescribed training program is taken to be a worker employed by the person providing the workplace-based training.
(4)  A payment prescribed under subsection (2) as wages in respect of a participant in a prescribed training program is, for the purposes of this Act, taken to be the participant's wages in the employment by the person providing the workplace-based training.
(5)  This section does not apply in respect of the participation of a person, or an injury received by a person, in a training program before the program was prescribed as a training program.



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