In the ACT, contractors who are engaged on a regular and systematic basis or engaged with an expectation of engagement on a regular and systematic basis, are classed as ‘workers’ under workers compensation laws.
The following questions help to decide what is a regular and systematic basis:
- what are the terms of all relevant contracts?
- what is the working relationship between the contract principal (the farmer) and the contractor and all associated circumstances?
- what is/are the period or periods of the engagement?
- how frequent is the work?
- how many hours are worked?
- what is the type of work?
- what are normal arrangements for someone engaged to perform that type of work?
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