Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:5_3
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 5 cl 3
Character Range: 141486–142502

3  Section 6 of Schedule 1 (definition of federal system employee)
Repeal the definition, substitute:

federal system employee means:
 (a) an individual so far as he or she is employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of federal system employer, by a federal system employer, except on a vocational placement; or
 (b) an individual who is employed in Victoria, so long as the provisions of this Schedule that would apply to:
 (i) the individual as a federal system employee; or
 (ii) an association of which the individual is a member;
  fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria; or
 (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in either or both of the ways mentioned in paragraphs (a) and (b).