Industrial Relations & Employment Alert - Blake Dawson Waldron Lawyers

Independent Contractors Legislation Commences 1 March 2007

Our December 2006 Industrial Relations and Employment Alert confirmed that the Federal Government's independent contractors legislation had passed through the Federal Parliament, and would commence on a date to be proclaimed.

It has now been announced that the Independent Contractors Act 2006, and the associated Independent Contractors Regulations 2007 will commence on 1 March 2007.

The regulations, which have not previously been available, provide that claims under the services contracts review scheme that a contract is unfair and/or harsh, must be made not later than 12 months after the contract ends. However the Court will have a discretion to allow claims to be made after that time. Contrary to earlier speculation, the released regulations do not specify any remuneration cap on who make seek a review.

The Act and Regulations are available at: www.comlaw.gov.au.