Changes to contractor provisions - Workplace Safety Legislation and Other Matters Amendment Act 2022

Overview

The WIRC Act allows WorkSafe to deem a contractor to be a worker for the purposes of claims management or calculating premiums. These provisions ensure that employers cannot contract out of their obligations in respect of their workers.

The provisions provide that the test to deem a contractor can apply over one of two relevant periods. The first is one financial year; the second is the first and last year where the contract extends over two financial years.

As it is currently drafted, the second relevant period is redundant because the first test already allows for a financial year to be considered in isolation. The amendments provide that the second test will apply where the contract occurs over two or more financial years, which allows WorkSafe to consider the start and end of a long-term contract relationship in detail.

This technical amendment that ensures that contracts can be considered in a more complete way and is not expected to have a significant impact on the way WorkSafe already assesses contractor relationships.