This information is brought to you by business.gov.au Independent contractors As a basic definition, independent contractors run their own business, and hire out their time to businesses and other organisations as a service.
How do I determine my status? Before entering into a contract, it's important that you understand the differences between employees and independent contractors.
What are my entitlements? Independent contractors and hirers should be aware of their entitlements and obligations regarding superannuation, leave and redundancy, OH&S, and workers compensation.
What are my taxation obligations? As an independent contractor, you may have to pay tax at a different rate to employees. You may also have to arrange to pay your own tax.
How is my intellectual property affected? Although you may have contributed to or created material, products and ideas as an independent contractor, you may not be entitled to intellectual property ownership such as copyright.
Independent contractors and the common law The Independent Contractors Act 2006 relies on the common law meaning of independent contractor. The common law is a set of unwritten legal principles, which have been developed through decisions in the courts.
Unfair contracts and sham contracts An unfair contract under the Independent Contractors Act 2006, is one where a person performs work on terms that are 'unfair' or 'harsh'. A 'sham' contracting arrangement occurs when an employer deliberately disguises an employment relationship as an independent contracting arrangement, instead of engaging the worker as an employee.
Dispute resolution and mediation As an independent contractor, you can choose from a range of options to settle disputes, including going to court. However, resolving your dispute outside the court system may be a better way of preserving your business relationships.