The Independent Contractors Amendment Regulation 2010 (No 1) received Royal Assent on 15 June 2010.
The Independent Contractors Act 2006 (IC Act) protects the freedom of independent contractors to enter into contracting arrangements and recognises that these arrangements should be regulated by commercial, not workplace relations, law.
The amendment, which comes into effect on 1 July 2010 preserves new laws in South Australia, Tasmania and the ACT that would otherwise be excluded by the IC Act.
In South Australia the amendment will come into effect later than 1 July 2010 as the relevant state law is not yet operational.
The new state laws afford independent contractors certain employee like entitlements. These entitlements are similar to those already accessible by independent contractors in other jurisdictions, such as claiming payment for work done up and down the contract chain.
Also, another effect of the new laws is that there is now a security of payments regime in every jurisdiction.
The IC Act came into effect on 1 March 2007 with the aim of protecting the status of independent contractors. In order for the new laws to be protected the IC Act had to be amended to name the relevant state and territory laws.
It is important that all independent contractors be aware of the prevailing legislation in their state or territory.
The ABCC advises that you should consider seeking independent legal advice relevant to your particular circumstance.