Independent Contractors Regulations 2007

Select Legislative Instrument 2007 No. 23 as amended

made under the

This compilation was prepared on 7 February 2012
taking into account amendments up to SLI 2011 No. 155

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

                        1      Name of Regulations [see Note 1]                                    3

                        2      Commencement                                                              3

                        3      Interpretation                                                                   3

                        4      Saving of various State and Territory laws                        3

                        5      Time limit on applications for review of services contracts — prescribed circumstances (time limit for applications)                                                              4

                        6      Limitation on applications for review of services contracts — other proceedings in progress  5

                        7      Modification of Act                                                         6

Schedule 1                  Modification of Act                                                         7

Notes                                                                                                            8

1              Name of Regulations [see Note 1]

                These Regulations are the Independent Contractors Regulations 2007.

2              Commencement

                These Regulations commence on 1 March 2007.

3              Interpretation

Act means the Independent Contractors Act 2006.

4              Saving of various State and Territory laws

                For paragraph 7 (2) (c) of the Act, the laws of a State or Territory that are mentioned in the table are specified.

Note   Under subsection 7 (1) of the Act, the rights, entitlements, obligations and liabilities of a party to a services contract are not affected by a law of a State or Territory to the extent that the law would otherwise do one or more of the things specified in that subsection.

However, subsection 7 (2) of the Act provides that subsection 7 (1) does not apply in relation to various State and Territory laws, including laws specified in regulations made for the purposes of paragraph 7 (2) (c) of the Act, to the extent that the law is so specified.

5              Time limit on applications for review of services contracts — prescribed circumstances (time limit for applications)

         (1)   For section 13 of the Act, and subject to subregulation (2), a circumstance in which an application must not be made under subsection 12 (1) of the Act is that the time limit for making an application of that kind has expired.

         (2)   However, if a person satisfies the Court that there are exceptional circumstances justifying the making of the application:

                (a)    subregulation (1) does not apply; and

               (b)    the Court may, on application by the person, allow an application under subsection 12 (1) of the Act to be made at any time after the time limit expires.

         (3)   The time limit expires after a period of 12 months starting on the date on which a services contract ends.

6              Limitation on applications for review of services contracts — other proceedings in progress

                For paragraph (b) of the definition of other review proceedings in subsection 14 (3) of the Act, the provisions of the laws of the Commonwealth, or of a State or Territory, that are mentioned in the table are specified.

Note   The expression other review proceedings is defined in subsection 14 (3) of the Act, and includes proceedings in relation to a services contract under a provision of a law of the Commonwealth, or of a State or Territory, that is specified in regulations made for the purposes of paragraph 14 (3) (b) of the Act.

7              Modification of Act

                For subsection 42 (2) of the Act, paragraph 35 (4) (b) of the Act is modified as set out in Schedule 1.

Schedule 1        Modification of Act

(regulation 7)

1.1           Paragraph 35 (4) (b), except the note

substitute

               (b)    either:

                          (i)    if a State or Territory contractor law relates to visiting medical officers (however described) — 1 September 2014; or

                         (ii)    in any other case — the first day after the end of the period of 4 years and 6 months that started on the reform commencement.

Notes to the Independent Contractors Regulations 2007

Note 1

The Independent Contractors Regulations 2007 (in force under the Independent Contractors Act 2006) as shown in this compilation comprise Select Legislative Instrument 2007 No. 23 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments