Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:1_901
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 1 cl 901
Character Range: 5215–6578

901  Misrepresenting a proposed employment relationship as a proposed independent contract arrangement

 (1) A person contravenes this subsection if:
 (a) the person offers to enter into a contract with an individual; and
 (b) the person makes a representation to the individual that the contract, if entered into, would be a contract for services under which the individual would perform work for the person as an independent contractor; and
 (c) the contract, if entered into, would be a contract of employment under which the person would be the employer of the individual, rather than a contract for services under which the individual would perform work as an independent contractor.

Note: In this subsection, employer and employment have the meanings given by subsections 6(1) and 7(1) respectively.

 (2) A person does not contravene subsection (1) if the person proves that, at the time the person made the representation concerned, the person did not know that, and was not reckless as to whether, if the contract were entered into, the contract would be a contract of employment rather than a contract for services.

Note: In this subsection, employment has its ordinary meaning—see paragraph 4(2)(pb) of Schedule 2.

 (3) Subsection (1) is a civil remedy provision.

Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.