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  • #987281
    happygirl
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    Hi there,
    We have a small Company that engages to consultants to go and deliver training programs on behalf of us to our clients.

    For all taxation purposes, we are not considered employers of these people, however would we have any obligation when it comes to Workers Compensation.

    Thanks in advance

    #1161941
    Greg_M
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    I think it will depend to a large extent on how your “consultants” have their business structured.

    If they operate through a Pty Ltd Co. (which is a legal entity in it’s own right – and can carry it’s own Workcover policy), I’d say you’re probably ok.

    If they don’t, and only use an ABN, I’d check it more carefully … chances are they may be classed as an employee by Workcover if the poo hits the fan.

    I’m not an expert, and my experience is in Victoria (but a lot of Workcover stuff is being standardised and going national), but I know many in the construction industry employing “contractors” (that comply with the ATO test) have still been pinged by Workcover if one of them has been injured.

    It’s a long while since I had an active relationship with Workcover, but when I did, they weren’t shy in letting you know they hadn’t lost too many court cases in defining someone as an employee … when everyone else thought they were contractors, including accountants.

    I’d be inclined to approach each jurisdiction you’re operating in and get a clear definition (given your consultants set up).

    Cheers

    PS I also think you’ll find you have an obligation to provide a safe work environment even for contractors and consultants … so you can still be liable indirectly.

    #1161942
    happygirl
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    Many thanks for such a detailed response. Much appreciated.

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