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Worker and contractor assessment tool

Purpose of tool

The purpose of this tool is to assist a user to assess whether a person is a workerHas the same meaning as it has in section 3 of the Act. or taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act. of an employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirerA hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
under sections 3 and schedule 1 clause 9 of the ActMeans the Workplace Rehabilitation and Compensation Act 2013..

Limitations of tool

This tool does not provide assessments"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. in relation to whether a person is or was taken to be a worker before 1 July 2011 or for any periods that end on or before 30 June 2011.

For assistance in relation to assessments prior to these dates please contact your WorkCover AgentMeans an authorised agent appointed under section 501 of the Act..

This tool does not provide an assessment in relation to the following contractual arrangements"Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
:

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Disclaimer and Conditions of Use

The purpose of this tool is to provide general information and guidance to users. An assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. must not be treated as advice (legal or otherwise). An assessment is not a substitute for a determination from the VWA This means either the Victorian WorkCover Authority or a WorkCover agent..

This assessment tool has been prepared using the best information available to the VWA and while every effort is made to ensure that the material is accurate and up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Nor does it necessarily reflect the views of the VWA or indicate a commitment by the VWA to a particular application of legislation or other law.

Examples have been included in respect of some of the questions in this tool to provide additional guidance but they are not intended to be exhaustive.

The VWA does not guarantee, and accepts no liability and responsibility whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any assessment made on this site. The VWA recommends that users apply their own skill and care with respect to their use of and reliance on any information provided on this site. Professional advice in relation to your specific situation should be obtained before any action or decision is taken on the basis of any assessment made by this tool.

By entering this site, you will be deemed to have released and discharged the VWA from all liability in respect of any loss suffered as a result of relying on any assessment produced by this site. You will further be assuming all risks associated with the use of this site, including risks to your computer, software or data by any virus which might be transmitted, downloaded or activated via this site.

The VWA hereby excludes all liability to the extent permissible by law.

If you intend to rely on this tool for the purposes of declaring your rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Act. you must retain a copy of the assessment with your records. Records of the information used to answer each question must be kept to support the assessment made with this tool.

This tool does not supplant the terms of the law. If the VWA subsequently applies the law to an employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirerA hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
and the assessment is found to be incorrect, premium will be adjusted and additional amounts may be payable. However, the VWA may waive any default penalty"Default penalty" means a default penalty that may be issued under sections 452, 444 or 455 of the Act. , in part or in whole, that would otherwise apply if the VWA is satisfied that -

An assessment applies only to the employer / hirer to whom it is issued and it is not binding. Other employers / hirers cannot rely on it as a precedent.

Likewise, an employer / hirer's representative may not rely on an assessment obtained for one employer / hirer as a precedent for another client.

An assessment given in relation to a relevant period In relation to services provided under contractual arrangements means - the financial year in which those services are, or are to be, provided; or if those services are, or are to be, provided in two consecutive financial years, the twelve month period beginning on the date on which those services are first provided pursuant to the contractual arrangement. must not be considered as a precedent for any other period. Further, where the nature of the contractual arrangement "Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
has changed, an earlier assessment may no longer be valid. An employer / hirer should obtain a new assessment based on the new circumstances and may also be required to notify the VWA or their WorkCover Agent of the changed circumstances and submit a revised estimate of rateable remuneration.

All arrangements must be assessed individually because any changes in a person's or entity's circumstances may result in a different assessment.

ATTENTION!

An assessment cannot be used by an employer / hirer to reject or not accept a claim for compensation under the ActMeans the Workplace Rehabilitation and Compensation Act 2013.. The Act requires that the employer / hirer's WorkCover Agent be notified of any claim served on the employer / hirer. This requirement applies even if this tool provides an assessment that suggests that it is likely that the person is an independent contractor or not taken to be a worker.

Privacy

the VWA is bound by the Information Privacy Principles (IPP) under the Information Privacy Act 2000 (Vic) with respect to collection, use and disclosure of personal information.

Information entered into this tool, assessments made, and any personal data will not be stored by the VWA.

Copyright

The information contained in this site is protected by copyright. Material on this site is intended for your general information and use. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Any copies of downloaded material may be distributed in unaltered, complete form only (retaining this notice). Apart from permitted uses under the Copyright Act 1968, all other rights are reserved.

Requests for further authorisation to use material on this site (including requests to link to the VWA home page vwa.vic.gov.au from your site) should be made to webmaster@vwa.vic.gov.au.

Instructions

This self-assessment will take approximately 10 minutes to complete.

When completing this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. you may find it useful to have the following documents nearby:

  • Any relevant contracts or agreements
  • Financial records

Please note that your progress will not be saved and that your responses will be lost if you exit before completing all parts of the tool.

Commence assessment

Labour hire arrangements

Some businesses (in this tool called a “labour hire business “Labour hire business” means a legal entity that is a party to a labour hire arrangement and which on-hires or supplies workers to clients under that arrangement (and does not include the contractor or the client of the labour hire business).”) hire, provide or lend out individuals to other businesses (in this tool called a “client “Client” means a legal entity that is a party to a labour hire arrangement and is the entity to which workers are supplied by the labour hire business (and does not include the labour hire business or the contractor that agrees to perform the work). ”) to perform work for that client. The worker may work with the client on a short-term or longer-term basis, and the client may direct the worker about what work to do, but there is no contractual relationship between the worker and the client. The worker usually has a contractual relationship with the labour hire business, or with another legal entity (a contractor) that itself has a contractual relationship with the labour hire business.

This tool has specific questions directed at businesses engaged in this kind of arrangement (in this tool called a “ labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
”). These questions are directed at whether a particular individual is, or is taken to be, a worker of the labour hire business. The questions are not directed at whether a particular individual is or is taken to be a worker of the client.

Recruitment agencies

Recruitment or placement agencies that place people into jobs (including “headhunters”) are generally not engaged in labour hire. The contractual arrangements that such firms generally enter into are not labour hire arrangements because they result in the creation of a contract of employment or a contract for services between the individual and the client.

For example:

  • An executive search agency that assists the client in finding employees, and where the client becomes the employer of the individual, is not a labour hire business.

Labour hire arrangements

For the purposes of this tool, a labour hire arrangement is a contractual arrangement “Contractual arrangement” means a contract or a series of such contracts, whether formal or informal and express or implied, between the contractor and the labour hire business. A contract may be oral or in writing and may be formal or informal. between a labour hire business and a contractor“Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). (whether a natural person"Natural person" includes a sole trader, an individual member of a partnership, a person who may benefit under a trust or a person who is an employee of a trust. or an incorporated entity"Incorporated entity" means an entity that operates under any incorporated business structure (e.g. an incorporated company registered under the Corporations Act 2001 or a trust with an incorporated company as the trustee). ) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

For example:

  • Where an organisation is providing temporary workers such as receptionists to its clients, and the client directs the receptionist in the performance of the job, there is a labour hire arrangement for the purposes of this tool.
  • Where an organisation is providing a specified service to its clients, eg a security firm that provides security services, such services including alarms, remote monitoring and provision of a security guard who is supplied by and directed by the labour hire business, there is a labour hire arrangement for the purposes of this tool.

In these circumstances the client will generally not be the employer of the individual who performs the work. The labour hire business may be the employer, depending on the precise circumstances.

Please indicate whether the individual is performing work under a labour hire arrangement as explained above:

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Introduction

Please select the financial year to which this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. applies:

Note: This tool is not intended to assess whether a person is or was taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act. before 1 July 2011 or for any periods that end on or before 30 June 2011.
Please click here for more information.

Please indicate whether the person performing the work is a:

Note: for the purposes of determining whether a person is a natural person or an incorporated entity, the fact that the person or entity has an Australian Business Number (ABN) is not a relevant consideration.

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Introduction

Please select the financial year to which this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. applies:

Note: This tool is not intended to assess:

Please indicate whether the contractor“Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). under the labour hire arrangement is a:

Note: for the purposes of determining whether the contractor is a natural person or an incorporated entity, the fact that the person or entity has an Australian Business Number (ABN) is not a relevant consideration

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Worker of a Labour Hire Employer Assessment

Assessment financial year: [populated by Q1]

Based on the information you have provided, it is likely that the individualAn individual means a natural person who is a member, director, shareholder or employee of the incorporated entity. is a workerHas the same meaning as it has in section 5 of the Act. of the labour hire business “Labour hire business” means any business structure (e.g. an individual, company, partnership, sole trader, trustee). . Remuneration paid or payable to the worker will need to be declared by the labour hire business for WorkCover insurance purposes.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Act. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Natural person

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement “Contractual arrangement” means a contract or a series of such contracts, whether formal or informal and express or implied, between the contractor and the labour hire business. A contract may be oral or in writing and may be formal or informal. needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
Yes
Financial year:
 
Contactor Legal status:
Natural person

Is the person an employee?

If a person is regarded in law as an employee of an employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirerA hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
(i.e. he or she is working under a contract of service), then that person will be a workerHas the same meaning as it has in section 3 of the Act. under the ActMeans the Workplace Injury Rehabilitation and Compensation Act 2013.. However, sometimes it can be difficult to tell whether a person is an employee or an independent contractor. The courts have identified a number of factors that will help determine whether a person is an employee or not. The following questions are directed towards assessing whether a person is an employee.

Does the employer / hirer have the right to control how the work is to be performed by the person?

 

Does the person have the right to engage others to perform all or part of the work to be performed?

 

Is the person required to work at set times as determined by the employer / hirer?

 

Does the employer / hirer have the right to determine or approve the location(s) where the work is usually performed?

 

Is the person an integral part of the business carried on by the employer / hirer? For example, does the person perform core functions of the business of the employer / hirer?

 

Is the person presented to the public as an emanation of the business carried on by the employer / hirer? For example, is it likely that a third party would consider the person to be a part of the business carried on by the employer / hirer?

 

Which of the following most accurately describes the payment arrangement under the contract between the person and the employer / hirer?

Select one of the following options.

The amount paid to the person is based on: 

Under the contractual arrangement "Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see section 7A of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see section 5I of the Act) a contract for the performance of door to door selling work by an individual within the meaning of section 5J of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of section 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of section 7 of the Act a contract between a land owner and a share farmer within the meaning of section 11 of the Act a contract between a hirer and an outworker within the meaning of section 17 of the Act a contract between an individual and a Crown or administrative unit within the meaning of section 14 of the Act a contract between a municipal council and a councillor within the meaning of section 14AA of the Act a contract between a person and a sporting contestant within the meaning of section 16 of the Act a contract between a person and a rider or driver in certain races within the meaning of section 16A of the Act
is the person liable for the cost of rectifying any defect in the work performed?

 

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Is the person taken to be a worker?

Even if a person is not an employee, he or she may be taken to be a worker under the ActMeans the Workplace Injury Rehabilitation and Compensation Act 2013.. The following questions are directed towards assessing whether a person is taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act. under schedule 1 clause 9 of the Act.

Is or was the contractual arrangement "Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
between the employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirer A hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
and the person a contractual arrangement in connection with the operation of the business or trade of the employer / hirer?

 

Please enter the start and end dates of the contractual arrangement in the fields provided below. (If the contractual arrangement is ongoing, please enter the start date and select 'Ongoing').

Start date:

Note: This tool is not intended to assess whether a person is or was taken to be a worker before 1 July 2011 or for any periods that end on or before 30 June 2011.
Please click here for more information.

Based on the dates entered above, the relevant period In relation to services provided under contractual arrangements means - the financial year in which those services are, or are to be, provided; or if those services are, or are to be, provided in two consecutive financial years, the twelve month period beginning on the date on which those services are first provided pursuant to the contractual arrangement. for the purposes of this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. is [please enter date] to [please enter date].

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Under the contractual arrangement"Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
, was more than 50% of the amount(s) paid, or payable to the contractor"Contractor" means any business structure (e.g. an individual, company, partnership, sole trader, trustee) that enters into a contractual arrangement with a hirer for the performance of services. between [populated by algorithm] and [populated by algorithm] for the provision of materials or equipment?

 

Under the contractual arrangement, between [populated by algorithm] and [populated by algorithm]:

(a) was at least 80% of the contractor's gross contract income"Gross contract income" means the amounts payable to a contractor under a contractual arrangement before the contractor's expenses, deductions or taxes are accounted for. a direct result of services Services includes results (whether goods or services) of work performed. performed by the same individual An individual means a natural person who is – the contractor; or if the contractor is a partnership, an individual member of the partnership; or if the contractor is a company, a member, director, shareholder or employee of the company; or if the contractor is a trustee of a trust, a person who may benefit under that trust or is an employee of the trustee. ?

 

(b) was at least 80% of the contractor's total time to complete the services taken up by the same individual?

 

Was the contractor's gross contract income at least 80% of the contractor's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the contractual arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [populated by algorithm] and [populated by algorithm]?

 

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Under the contractual arrangement"Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
, can it be expected that more than 50% of the amount(s) paid, or payable to the contractor“Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). between [populated by algorithm] and [populated by algorithm] will be for the provision of materials or equipment?

 

Under the labour hire arrangement, between [populated by algorithm] and [populated by algorithm]:

(a) can it be expected that at least 80% of the contractor's gross contract income"Gross contract income" means the amounts payable to a contractor under a contractual arrangement before the contractor's expenses, deductions or taxes are accounted for. will be a direct result of servicesServices includes results (whether goods or services) of work performed. performed by the same individual An individual means a natural person who is – the contractor; or if the contractor is a partnership, an individual member of the partnership; or if the contractor is a company, a member, director, shareholder or employee of the company; or if the contractor is a trustee of a trust, a person who may benefit under that trust or is an employee of the trustee. ?

 

(b) can it be expected that at least 80% of the contractor's total time to complete the services will be taken up by the same individual?

 

Can it be expected that the contractor's gross contract income will be at least 80% of the contractor's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the contractual arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [populated by algorithm] and [populated by algorithm]?

 

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Under the contractual arrangement"Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
, has or can it be expected that more than 50% of the amount(s) paid, or payable to the contractor"Contractor" means any business structure (e.g. an individual, company, partnership, sole trader, trustee) that enters into a contractual arrangement with a hirer for the performance of services. between [populated by algorithm] and [populated by algorithm] are or will be for the provision of materials or equipment?

 

Under the contractual arrangement, between [populated by algorithm] and [populated by algorithm]:

(a) has or can it be expected that at least 80% of the contractor's gross contract income"Gross contract income" means the amounts payable to a contractor under a contractual arrangement before the contractor's expenses, deductions or taxes are accounted for. is or will be a direct result of servicesServices includes results (whether goods or services) of work performed. performed by the same individual An individual means a natural person who is – the contractor; or if the contractor is a partnership, an individual member of the partnership; or if the contractor is a company, a member, director, shareholder or employee of the company; or if the contractor is a trustee of a trust, a person who may benefit under that trust or is an employee of the trustee. ?

 

(b) has or can it be expected that at least 80% of the contractor's total time to complete the services is or will be taken up by the same individual?

 

Has or can it be expected that the contractor's gross contract income is or will be at least 80% of the contractor's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the contractual arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [populated by algorithm] and [populated by algorithm]?

 

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Is an individual taken to be a worker of the labour hire business?

Where the contractor“Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). who participates in a labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
is an incorporated entity"Incorporated entity" means an entity that operates under any incorporated business structure (e.g. an incorporated company registered under the Corporations Act 2001 or a trust with an incorporated company as the trustee). , it is possible that an individualAn individual means a natural person who is a member, director, shareholder or employee of the incorporated entity. associated with that incorporated entity may be taken to be a worker This has the same meaning as "deemed to be a worker" under the Act. of the labour hire business “Labour hire business” means a legal entity that is a party to a labour hire arrangement and which on-hires or supplies workers to clients under that arrangement (and does not include the contractor or the client of the labour hire business). under the ActMeans the Workplace Injury Rehabilitation and Compensation Act 2013.. The following questions are directed towards assessing whether an individual is taken to be a worker of the labour hire business under schedule 1 clause 9 of the Act.

Is or was the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
made in connection with the operation of the business or trade of the labour hire business?

 

Please enter the start and end dates of the labour hire arrangement in the fields provided below. (If the labour hire arrangement is ongoing, please enter the start date and select 'Ongoing').

Start date:

Note: This tool is not intended to assess whether an individual under a labour hire arrangement is or was taken to be a worker before 1 July 2011 or for any periods that end on or before 30 June 2011.
Please click here for more information.

Based on the dates entered above, the relevant period In relation to services provided under contractual arrangements means - the financial year in which those services are, or are to be, provided; or if those services are, or are to be, provided in two consecutive financial years, the twelve month period beginning on the date on which those services are first provided pursuant to the contractual arrangement. for the purposes of this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. is [please enter date] to [please enter date].

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Under the labour hire arrangement“Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
, has or can it be expected that more than 50% of the amount(s) paid, or payable by the labour hire business“Labour hire business” means a legal entity that is a party to a labour hire arrangement and which on-hires or supplies workers to clients under that arrangement (and does not include the contractor or the client of the labour hire business). to the incorporated entity"Incorporated entity" means an entity that operates under any incorporated business structure (e.g. an incorporated company registered under the Corporations Act 2001 or a trust with an incorporated company as the trustee). between [populated by algorithm] and [populated by algorithm] are or will be for the provision of materials or equipment?

 

Under the labour hire arrangement, between [populated by algorithm] and [populated by algorithm]:
(a) has or can it be expected that at least 80% of the incorporated entity's gross contract income“Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. is or will be a direct result of services Services includes results (whether goods or services) of work performed. performed by the same individualAn individual means a natural person who is a member, director, shareholder or employee of the incorporated entity.?

 

(b) has or can it be expected that at least 80% of the incorporated entity's total time to complete the services is or will be taken up by the same individual?

 

Has or can it be expected that the incorporated entity's gross contract income is or will be at least 80% of the incorporated entity's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [populated by algorithm] and [populated by algorithm]?

 

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Under the labour hire arrangement“Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
, can it be expected that more than 50% of the amount(s) paid, or payable by the labour hire business“Labour hire business” means a legal entity that is a party to a labour hire arrangement and which on-hires or supplies workers to clients under that arrangement (and does not include the contractor or the client of the labour hire business). to the incorporated entity"Incorporated entity" means an entity that operates under any incorporated business structure (e.g. an incorporated company registered under the Corporations Act 2001 or a trust with an incorporated company as the trustee). between [populated by algorithm] and [populated by algorithm] will be for the provision of materials or equipment?

 

Under the labour hire arrangement, between [populated by algorithm] and [populated by algorithm]:
(a) can it be expected that at least 80% of the incorporated entity's gross contract income“Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. will be a direct result of services Services includes results (whether goods or services) of work performed. performed by the same individualAn individual means a natural person who is a member, director, shareholder or employee of the incorporated entity.?

 

(b) can it be expected that at least 80% of the incorporated entity's total time to complete the services will be taken up by the same individual?

 

Can it be expected that the incorporated entity's gross contract income will be at least 80% of the incorporated entity's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [populated by algorithm] and [populated by algorithm]?

 

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Under the labour hire arrangement“Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
, was more than 50% of the amount(s) paid, or payable by the labour hire business“Labour hire business” means a legal entity that is a party to a labour hire arrangement and which on-hires or supplies workers to clients under that arrangement (and does not include the contractor or the client of the labour hire business). to the incorporated entity"Incorporated entity" means an entity that operates under any incorporated business structure (e.g. an incorporated company registered under the Corporations Act 2001 or a trust with an incorporated company as the trustee). between [populated by algorithm] and [populated by algorithm] for the provision of materials or equipment?

 

Under the labour hire arrangement, between [populated by algorithm] and [populated by algorithm]:
(a) was at least 80% of the incorporated entity's gross contract income“Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. a direct result of servicesServices includes results (whether goods or services) of work performed. performed by the same individualAn individual means a natural person who is a member, director, shareholder or employee of the incorporated entity.?

 

(b) was at least 80% of the incorporated entity's total time to complete the services taken up by the same individual?

 

Was the incorporated entity's gross contract income at least 80% of the incorporated entity's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [populated by algorithm] and [populated by algorithm]?

 

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Worker Assessment

Assessment financial year: [populated by Q1]

Based on the information you have provided, it is likely that the person is a workerHas the same meaning as it has in section 3 of the Act. of the employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirerA hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
. Remuneration paid or payable to the workerHas the same meaning as it has in section 5 of the Act. will need to be declared for WorkCover insurance purposes.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Act. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Legal Status: [populated by Q2]

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contract needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
No
Financial year:
 
Legal status:
 
Does the employer / hirer have the right to control how the work is to be performed by the person?
 
Does the person have the right to engage others to perform all or part of the work to be performed?
 
Is the person required to work at set times as determined by the employer / hirer?
 
Does the employer / hirer have the right to determine or approve the location(s) where the work is usually performed?
 
Is the person an integral part of the business carried on by the employer / hirer? For example, does the person perform core functions of the business of the employer / hirer?
 
Is the person presented to the public as an emanation of the business carried on by the employer / hirer? For example, is it likely that a third party would consider the person to be a part of the business carried on by the employer / hirer?
 
Which of the following most accurately describes the payment arrangement under the contract between the person and the employer / hirer?
 
Under the contractual arrangement is the person liable for the cost of rectifying any defect in the work performed?
 

Deemed Worker Assessment

Assessment financial year: [populated by Q1]

Relevant period: From [populated by algorithm] to [populated by algorithm]

Based on the information you have provided, it is likely that the individualAn individual means a natural person who is – the contractor; or if the contractor is a partnership, an individual member of the partnership; or if the contractor is a company, a member, director, shareholder or employee of the company; or if the contractor is a trustee of a trust, a person who may benefit under that trust or is an employee of the trustee. is taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act.. Remuneration paid or payable to the incorporated entity that is the contractor“Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). will need to be declared for WorkCover insurance purposes.

Please note: This tool will not calculate the amount of remuneration that is required to be declared. For information about the amount of remuneration, click here.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Act. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Contractor Legal Status: [populated by Q2]

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement "Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
No
Financial year:
 
Legal status:
 
Does the employer / hirer have the right to control how the work is to be performed by the person?
 
Does the person have the right to engage others to perform all or part of the work to be performed?
 
Is the person required to work at set times as determined by the employer / hirer?
 
Does the employer / hirer have the right to determine or approve the location(s) where the work is usually performed?
 
Is the person an integral part of the business carried on by the employer / hirer? For example, does the person perform core functions of the business of the employer / hirer?
 
Is the person presented to the public as an emanation of the business carried on by the employer / hirer? For example, is it likely that a third party would consider the person to be a part of the business carried on by the employer / hirer?
 
Which of the following most accurately describes the payment arrangement under the contract between the person and the employer / hirer?
 
Under the contractual arrangement is the person liable for the cost of rectifying any defect in the work performed?
 
Is or was the contractual arrangement between the employer / hirer and the person a contractual arrangement in connection with the operation of the business or trade of the employer / hirer?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the contractual arrangement, was more than 50% of the amount(s) paid, or payable to the contractor between [populated by algorithm] and [populated by algorithm] for the provision of materials or equipment?
 
Under the contractual arrangement between [populated by algorithm] and [populated by algorithm]:

Was at least 80% of the contractor's gross contract income a direct result of services performed by the same individual?
 
Was at least 80% of the contractor's total time to complete the services taken up by the same individual?
 
Was the contractor's gross contract income at least 80% of the contractor's gross services income between [populated by algorithm] and [populated by algorithm]?
 
Under the contractual arrangement, can it be expected that than 50% of the amount(s) paid, or payable to the contractor between [populated by algorithm] and [populated by algorithm] will be for the provision of materials or equipment?
 
Under the contractual arrangement between [populated by algorithm] and [populated by algorithm]:

Can it be expected that at least 80% of the contractor's gross contract income will be a direct result of services performed by the same individual?
 
Can it be expected that at least 80% of the contractor's total time to complete the services will be taken up by the same individual?
 
Was the contractor's gross contract income at least 80% of the contractor's gross services income between [populated by algorithm] and [populated by algorithm]?
 
Under the contractual arrangement, has or can it be expected that more than 50% of the amount(s) paid, or payable to the contractor between [populated by algorithm] and [populated by algorithm] are or will be for the provision of materials or equipment?
 
Under the contractual arrangement between [populated by algorithm] and [populated by algorithm]:

Has or can it be expected that at least 80% of the contractor's gross contract income is or will be a direct result of services performed by the same individual?
 
Can it be expected that at least 80% of the contractor's total time to complete the services is or will be taken up by the same individual?
 
Has or can it be expected that the contractor's gross contract income is or will be at least 80% of the contractor's gross services income between [populated by algorithm] and [populated by algorithm]?
 

Independent Contractor Assessment

Assessment financial year: [populated by Q1]

Relevant period: From [populated by algorithm] to [populated by algorithm]

Based on the information you have provided, it is likely that the contractor “Contractor” means any business structure (e.g. an individual, company, partnership, sole trader, trustee). is an independent contractor and the individualAn individual means a natural person who is – the contractor; or if the contractor is a partnership, an individual member of the partnership; or if the contractor is a company, a member, director, shareholder or employee of the company; or if the contractor is a trustee of a trust, a person who may benefit under that trust or is an employee of the trustee. is not taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act.. Amounts paid or payable to the contractor will likely not need to be declared for WorkCover insurance purposes.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Act. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Contractor Legal Status: [populated by Q2]

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement "Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

ATTENTION!
Assessments made with this tool cannot be used by an employer / hirer to reject or not accept a claim. The Act requires that the employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirerA hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
's WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. be notified of any claim served on the employer / hirer. This requirement applies even if this tool provides an assessment that the person is an independent contractor.

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover Agent to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
No
Financial year:
 
Legal status:
 
Does the employer / hirer have the right to control how the work is to be performed by the person?
 
Does the person have the right to engage others to perform all or part of the work to be performed?
 
Is the person required to work at set times as determined by the employer / hirer?
 
Does the employer / hirer have the right to determine or approve the location(s) where the work is usually performed?
 
Is the person an integral part of the business carried on by the employer / hirer? For example, does the person perform core functions of the business of the employer / hirer?
 
Is the person presented to the public as an emanation of the business carried on by the employer / hirer? For example, is it likely that a third party would consider the person to be a part of the business carried on by the employer / hirer?
 
Which of the following most accurately describes the payment arrangement under the contract between the person and the employer / hirer?
 
Under the contractual arrangement is the person liable for the cost of rectifying any defect in the work performed?
 
Is or was the contractual arrangement between the employer / hirer and the person a contractual arrangement in connection with the operation of the business or trade of the employer / hirer?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the contractual arrangement, was more than 50% of the amount(s) paid, or payable to the contractor between [populated by algorithm] and [populated by algorithm] for the provision of materials or equipment?
 
Under the contractual arrangement between [populated by algorithm] and [populated by algorithm]:

Was at least 80% of the contractor's gross contract income a direct result of services performed by the same individual?
 
Was at least 80% of the contractor's total time to complete the services taken up by the same individual?
 
Was the contractor's gross contract income at least 80% of the contractor's gross services income between [populated by algorithm] and [populated by algorithm]?
 
Under the contractual arrangement, can it be expected that than 50% of the amount(s) paid, or payable to the contractor between [populated by algorithm] and [populated by algorithm] will be for the provision of materials or equipment?
 
Under the contractual arrangement between [populated by algorithm] and [populated by algorithm]:

Can it be expected that at least 80% of the contractor's gross contract income will be a direct result of services performed by the same individual?
 
Can it be expected that at least 80% of the contractor's total time to complete the services will be taken up by the same individual?
 
Can it be expected that the contractor's gross contract income will be at least 80% of the contractor's gross services income between [populated by algorithm] and [populated by algorithm]?
 
Under the contractual arrangement, has or can it be expected that more than 50% of the amount(s) paid, or payable to the contractor between [populated by algorithm] and [populated by algorithm] are or will be for the provision of materials or equipment?
 
Under the contractual arrangement between [populated by algorithm] and [populated by algorithm]:

Has or can it be expected that at least 80% of the contractor's gross contract income is or will be a direct result of services performed by the same individual?
 
Has or can it be expected that at least 80% of the contractor's total time to complete the services is or will be taken up by the same individual?
 
Has or can it be expected that the contractor's gross contract income is or will be at least 80% of the contractor's gross services income between [populated by algorithm] and [populated by algorithm]?
 

Not Taken To Be a Worker Assessment

Assessment financial year: [populated by Q1]

Relevant period: From [populated by algorithm] to [populated by algorithm]

Based on the information you have provided, it is likely that the individual An individual means a natural person who is – the contractor; or if the contractor is a partnership, an individual member of the partnership; or if the contractor is a company, a member, director, shareholder or employee of the company; or if the contractor is a trustee of a trust, a person who may benefit under that trust or is an employee of the trustee. is not taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act.. Amounts paid or payable to the individual will likely not need to be declared for WorkCover insurance purposes.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Act. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Contractor Legal Status: [populated by Q2]

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement "Contractual arrangement" means a contract for the performance of work or a series of such contracts between a contractor and a hirer during a test period. A contract may be oral or in writing and may be formal or informal.

However, a contractual arrangement does not include -
a contract for the carrying of goods between a hirer and an owner driver (see schedule 1 clause 8 of the Act); a contract for the performance of work by a secretary of a co-operative housing society within the meaning of the Co-operative Housing Societies Act 1958 (see schedule 1 clause 4 of the Act) a contract for the performance of door to door selling work by an individual within the meaning of schedule 1 clause 5 of the Act a contract for the performance of work by an individual that is a timber contractor within the meaning of schedule 1 clause 6 of the Act a contract of bailment between a taxi driver and another person within the meaning of schedule 1 clause 7 of the Act a contract between a land owner and a share farmer within the meaning of schedule 1 clause 12 of the Act a contract between a hirer and an outworker within the meaning of schedule 1 clause 19 of the Act a contract between an individual and a Crown or administrative unit within the meaning of schedule 1 clause 14 of the Act a contract between a municipal council and a councillor within the meaning of schedule 1 clause 15 of the Act a contract between a person and a sporting contestant within the meaning of schedule 1 clause 17 of the Act a contract between a person and a rider or driver in certain races within the meaning of schedule 1 clause 18 of the Act
needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

ATTENTION!
Assessments made with this tool cannot be used by an employer / hirer to reject or not accept a claim. The Workplace Injury Rehabilitation and Compensation Act 2013 requires that the employer"Employer" has the same meaning as it has in section 3 of the Act and also includes any person who is a member of the same group as the employer within the meaning of section 431 of the Act. / hirerA hirer means any business structure (e.g. an individual, company, partnership, sole trader or trustee) that operates a business and enters into a contractual arrangement with a contractor for the purposes of that business. A hirer does not include a non-commercial party such as private householder.

A hirer includes any person who is a member of the same group as the hirer within the meaning of section 431 of the Act.
's WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. be notified of any claim served on the employer / hirer. This requirement applies even if this tool provides an assessment that the person is not taken to be a worker.

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover Agent to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
No
Financial year:
 
Legal status:
 
Does the employer / hirer have the right to control how the work is to be performed by the person?
 
Does the person have the right to engage others to perform all or part of the work to be performed?
 
Is the person required to work at set times as determined by the employer / hirer?
 
Does the employer / hirer have the right to determine or approve the location(s) where the work is usually performed?
 
Is the person an integral part of the business carried on by the employer / hirer? For example, does the person perform core functions of the business of the employer / hirer?
 
Is the person presented to the public as an emanation of the business carried on by the employer / hirer? For example, is it likely that a third party would consider the person to be a part of the business carried on by the employer / hirer?
 
Which of the following most accurately describes the payment arrangement under the contract between the person and the employer / hirer?
 
Under the contractual arrangement is the person liable for the cost of rectifying any defect in the work performed?
 
Is or was the contractual arrangement between the employer / hirer and the person a contractual arrangement in connection with the operation of the business or trade of the employer / hirer?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 

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Deemed Worker Assessment

Assessment financial year: [populated by Q1]

Relevant period: From [populated by algorithm] to [populated by algorithm]

Based on the information you have provided, it is likely that the individual An individual means a natural person who is a member, director, shareholder or employee of the incorporated entity. performing work under the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
is taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act. of the labour hire business “Labour hire business” means any business structure (e.g. an individual, company, partnership, sole trader, trustee). . Remuneration paid or payable to the incorporated entity“Incorporated entity” means an entity that operates under any incorporated business structure (e.g. an incorporated company registered under the Corporations Act 2001 or a trust with an incorporated company as the trustee). that is the contractor “Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). will need to be declared for WorkCover insurance purposes.

Please note: This tool will not calculate the amount of remuneration that is required to be declared. For information about the amount of remuneration, click here.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Workplace Rehabilitation and Compensation Act 2013. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Contractor Legal Status: Incorporated entity

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement “Contractual arrangement” means a contract or a series of such contracts, whether formal or informal and express or implied, between the contractor and the labour hire business. A contract may be oral or in writing and may be formal or informal. needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
Yes
Financial year:
 
Legal status:
 
Is or was the labour hire arrangement made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the labour hire arrangement, has or can it be expected that more than 50% of the amount(s) paid, or payable by the labour hire business to the incorporated entity between [Start date] and [End date] are or will be for the provision of materials or equipment?
 
Under the labour hire arrangement between [Start date] and [End date] has or can it be expected that at least 80% of the incorporated entity's gross contract income“Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. is or will be a direct result of services performed by the same individual?
 
(b) has or can it be expected that at least 80% of the incorporated entity's total time to complete the services is or will be taken up by the same individual?
 
Has or can it be expected that the incorporated entity's gross contract income is or will be at least 80% of the incorporated entity's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [Start date] and [End date]
 
Is or was the labour hire arrangement“Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the labour hire arrangement, can it be expected that more than 50% of the amount(s) paid, or payable by the labour hire business to the contractor between [Start date] and [End date] will be for the provision of materials or equipment?
 
Under the labour hire arrangement between [Start date] and [End date] can it be expected that at least 80% of the contractor's gross contract income“Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. will be a direct result of services performed by the same individual?
 
(b) can it be expected that at least 80% of the contractor's total time to complete the services will be taken up by the same individual?
 
Can it be expected that the contractor's gross contract income will be at least 80% of the contractor's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [Start date] and [End date]
 
Is or was the labour hire arrangement“Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the labour hire arrangement, was it expected that more than 50% of the amount(s) paid, or payable by the labour hire business to the contractor between [Start date] and [End date] was for the provision of materials or equipment?
 
Under the labour hire arrangement between [Start date] and [End date] was it expected that at least 80% of the contractor's gross contract income“Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. was a direct result of services performed by the same individual?
 
(b) was it expected that at least 80% of the contractor's total time to complete the services was taken up by the same individual?
 
Was it expected that the contractor's gross contract income was at least 80% of the contractor's gross services income"Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [Start date] and [End date]
 

Independent Contractor Assessment

Assessment financial year: [populated by Q1]

Relevant period: From [populated by algorithm] to [populated by algorithm]

Based on the information you have provided, it is likely that the contractor “Contractor” means any business structure (e.g. an individual, company, partnership, sole trader, trustee). is an independent contractor and the individualAn individual means a natural person who is a member, director, shareholder or employee of the incorporated entity. performing work under the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
is not taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act. of the labour hire business “Labour hire business” means any business structure (e.g. an individual, company, partnership, sole trader, trustee). . Amounts paid or payable to the contractor will likely not need to be declared for WorkCover insurance purposes.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of schedule 1 clause 24 of the Workplace Injury Rehabilitation and Compensation Act 2013. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Contractor Legal Status: Incorporated entity

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement “Contractual arrangement” means a contract or a series of such contracts, whether formal or informal and express or implied, between the contractor and the labour hire business. A contract may be oral or in writing and may be formal or informal. needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

ATTENTION!
Assessments made with this tool cannot be used by a labour hire business to reject or not accept a claim. The Workplace Injury Rehabilitation and Compensation Act 2013 requires that the labour hire business's WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. be notified of any claim served on the labour hire business. This requirement applies even if this tool provides an assessment that the contractor is an independent contractor.

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover Agent to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
Yes
Financial year:
 
Legal status:
 
Is or was the labour hire arrangement made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the labour hire arrangement, has or can it be expected that more than 50% of the amount(s) paid, or payable by the labour hire business to the incorporated entity between [Start date] and [End date] are or will be for the provision of materials or equipment?
 
Under the labour hire arrangement between [Start date] and [End date] has or can it be expected that at least 80% of the incorporated entity's gross contract income “Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. is or will be a direct result of services performed by the same individual?
 
(b) has or can it be expected that at least 80% of the incorporated entity's total time to complete the services will be taken up by the same individual?
 
Has or can it be expected that the incorporated entity's gross contract income is or will be at least 80% of the incorporated entity's gross services income "Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [Start date] and [End date]
 
Is the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
, can it be expected that more than 50% of the amount(s) paid, or payable by the labour hire business to the contractor between [Start date] and [End date] will be for the provision of materials or equipment?
 
Under the labour hire arrangement between [Start date] and [End date] can it be expected that at least 80% of the contractor's gross contract income “Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. will be a direct result of services performed by the same individual?
 
(b) can it be expected that at least 80% of the contractor's total time to complete the services will be taken up by the same individual?
 
Can it be expected that the contractor's gross contract income will be at least 80% of the contractor's gross services income "Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [Start date] and [End date]
 
Is or was the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?
 
Under the labour hire arrangement “Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
, was it expected that more than 50% of the amount(s) paid, or payable by the labour hire business to the contractor between [Start date] and [End date] was for the provision of materials or equipment?
 
Under the labour hire arrangement between [Start date] and [End date] was it expected that at least 80% of the contractor's gross contract income “Gross contract income” means the amounts payable to the contractor under the labour hire arrangement before the contractor’s expenses, deductions or taxes are accounted for. was a direct result of services performed by the same individual?
 
(b) was it expected that at least 80% of the contractor's total time to complete the services will be taken up by the same individual?
 
Was it expected that the contractor's gross contract income will be at least 80% of the contractor's gross services income "Gross services income" means the contractor's overall income from the provision of services of the same kind as those under the labour hire arrangement, before the contractor's expenses, deductions or taxes are accounted for. between [Start date] and [End date]
 

Not Taken To Be a Worker Assessment

Assessment financial year: [populated by Q1]

Relevant period: From [populated by algorithm] to [populated by algorithm]

Based on the information you have provided, it is likely that the individual An individual means a natural person who is a member, director, shareholder or employee of the incorporated entity performing work under the labour hire arrangement“Labour hire arrangement” means a contractual arrangement between a labour hire business and a contractor (whether a natural person or an incorporated entity) under which the labour hire business obtains the services of one or more individuals for a client of the labour hire business.

NOTE: In this tool, the term “labour hire” is used more broadly than it is used in the WorkCover Insurance Premiums Orders. Users of this tool should not use the definition of labour hire in the Premiums Order. Users should be aware that a business that is not treated as labour hire under the Premiums Order may be treated as labour hire under this tool.
is not taken to be a workerThis has the same meaning as "deemed to be a worker" under the Act.. Amounts paid or payable to the contractor “Contractor” means a legal entity (whether a natural person or an incorporated entity) that is a party to a labour hire arrangement and that agrees to perform work for a client of the labour hire business (and does not include the labour hire business or the client of the labour hire business). will likely not need to be declared for WorkCover insurance purposes.

If you wish to use this assessment"Assessment" means an assessment produced for or in respect of an employer / hirer or a labour hire business by the online worker and contractor assessment tool. as evidence to support your declaration of rateable remunerationThis means remuneration that is subject to a premium within the meaning of section schedule 1 clause 24 of the Workplace Injury Rehabilitation and Compensation Act 2013. you must complete the following fields and retain both a copy of this assessment and the summary of your responses as part of your records:

Contractor Legal Status: [populated by Q2]

This information will not be gathered or stored by the Victorian WorkCover Authority.

Please be aware that every contractual arrangement “Contractual arrangement” means a contract or a series of such contracts, whether formal or informal and express or implied, between the contractor and the labour hire business. A contract may be oral or in writing and may be formal or informal. needs to be considered individually and that any changes in circumstances may result in a different assessment.

Contractor tool version: 2.0

Assessment completed: [system generated date/time]

ATTENTION!
Assessments made with this tool cannot be used by a labour hire business “Labour hire business” means a legal entity that is a party to a labour hire arrangement and which on-hires or supplies workers to clients under that arrangement (and does not include the contractor or the client of the labour hire business). to reject or not accept a claim. The Workplace Injury Rehabilitation and Compensation Act 2013 requires that the labour hire business's WorkCover AgentMeans an authorised agent appointed under section 501 of the Act. be notified of any claim served on the labour hire business. This requirement applies even if this tool provides an assessment that the individual is not taken to be a worker.

If you think that the assessment provided by this tool is incorrect it is recommended that you contact your WorkCover Agent to discuss the details of your circumstance.

Please note that assessments do not have the force of law. While every effort has been made to ensure that the material used to produce this assessment is up to date, it may not necessarily reflect the most recent court decisions or developments in the law. Users are recommended to seek professional advice in relation to their specific circumstances before any action or decision is taken on the basis of this assessment. Please see the disclaimer and conditions of use for further information.

Response summary:

Please indicate whether the individual is performing work under a labour hire arrangement:
Yes
Financial year:
 
Legal status:
 
Does the employer / hirer have the right to control how the work is to be performed by the person?
 
Does the person have the right to engage others to perform all or part of the work to be performed?
 
Is the person required to work at set times as determined by the employer / hirer?
 
Does the employer / hirer have the right to determine or approve the location(s) where the work is usually performed?
 
Is the person an integral part of the business carried on by the employer / hirer? For example, does the person perform core functions of the business of the employer / hirer?
 
Is the person presented to the public as an emanation of the business carried on by the employer / hirer? For example, is it likely that a third party would consider the person to be a part of the business carried on by the employer / hirer?
 
Which of the following most accurately describes the payment arrangement under the contract between the person and the employer / hirer?
 
Under the contractual arrangement is the person liable for the cost of rectifying any defect in the work performed?
 
Is or was the labour hire arrangement made in connection with the operation of the business or trade of the labour hire business?
 
Under the contractual arrangement, what were the start and end dates between which the services are, were or are expected to be provided?