South Australian Current Acts

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LABOUR HIRE LICENSING ACT 2017 - SECT 8

8—Meaning of " "labour hire worker"

        (1)         Subject to subsection (2), an individual is a "labour hire worker" for another person if the individual enters into an arrangement with the other person under which—

            (a)         the other person may supply, to a third person, the individual to undertake work; and

            (b)         the other person is obliged to pay the individual, in whole or part, for the work (whether directly or indirectly through 1 or more intermediaries).

        (2)         An individual is not a labour hire worker for another person if—

            (a)         the individual is an in-house employee of the other person and is only supplied to a third person to do work on a temporary basis (which may be on 1 or more occasions); or

            (b)         the individual is, or is of a class of person, prescribed by the regulations.

        (3)         For the purposes of subsection (2)(a), an individual is an "in-house employee" of another person if—

            (a)         the individual is engaged as an employee by the other person on a regular and systematic basis; and

            (b)         in the circumstances of the case, it is reasonable to expect that the employment will continue; and

            (c)         the individual primarily performs work for the other person other than as a worker supplied to a third person to do work for the third person.



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