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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3541 ..

3

Clause 4

Proposed section 5

Page 14, line 1-

Omit the proposed section, substitute the following section:

5 Labour hire arrangements

(1) This section applies if-

(a) an individual has been engaged by a person (the labour hirer ) under a contract for services to work for someone other than the labour hirer; and

(b) there is no contract to perform the work between the individual and the person (the principal ) for whom the work is to be performed; and

(c) the individual personally does part or all of the work; and

(d) if the labour hirer is a corporation-the individual is not an executive officer of the corporation.

(2) The individual is taken to be a worker employed by the principal.

(3) However, the regulations may exempt the individual and principal from this section.

(4) If the regulations exempt an individual and principal from this section, the individual is taken to be a worker employed by the labour hirer.

4

Clause 4

Proposed subsection 5B (2)

Page 15, line 13-

Omit the proposed subsection, substitute the following subsection:

(2) To remove any doubt, the fact that the treatment or manufacture of articles or materials, or the performance of services, takes place on premises not under the control or management of the principal does not affect the determination of-

(a) whether the outworker is a worker for this Act; or

(b) if the outworker is a worker for this Act-who is, or who is taken to be, the outworker's employer for this Act.

4

Clause 24

Proposed section 27A

Page 44, line 1-

Omit the proposed section, substitute the following section:

27A Role of OH&S Council

(1) To remove any doubt, it is a function of the OH&S Council to advise the Minister on matters relating to workers compensation.

Note This function is given to the OH&S Council under the Occupational Health and Safety Act 1989, s 10 (1) (a) (ii).

(2) In this section:

122 OH&S Council -see the Occupational Health and Safety Act 1989, section 5 (1), definition of council.

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