Page 875 - Week 03 - Thursday, 2 April 2020

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video

---

(2) Also, a person is an employer for a covered industry if—

a. the person employs or engages someone else (a worker) to carry out work in the industry for another person engaged in the industry in the ACT for a fee or reward; and

b. there is no contract to carry out the work between the worker and the person for whom the work is carried out.

Note This section does not make an employment agent the employer of those for whom the agency finds work if the workers are engaged directly by the person for whom the work is to be carried out.

(3) However, the following are not employers:

a. the Territory;

b. the Commonwealth;

c. the Australian National University;

d. the University of Canberra;

e. for a stated covered industry—an entity prescribed in the covered industry schedule for the covered industry;

f. a person declared not to be an employer for the industry under section 13;

g. a person prescribed by regulation.

Note 1 Covered industry schedule—see the dictionary.

Note 2 Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(d) Working with vulnerable people — under the Working with Vulnerable People (Background Checking) Act 2011 an employer is defined under section 11 as:

In this Act:

employer, in relation to a regulated activity, means an entity for whom a person engages in the activity.

Examples—employer

1 principal contractor is an employer of a subcontractor

2 charitable organisation is an employer of a volunteer

3 religious organisation is an employer of a minister of religion

Note 1 Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(e) Anti-discrimination — under the Discrimination Act 1991 an employer is not defined except in relation to an unpaid worker which is defined in the dictionary as:

employer, in relation to an unpaid worker, means the person for whom the unpaid worker performs work.

---

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video