Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 5A

    (1)     For the purposes of this Act, a person is taken to be an employer of a worker, and the worker is taken to be an employee of the person, if a provider of labour hire services supplies the worker to, recruits the worker for or places the worker with the person to perform work for the person.

    (2)     Despite subsection (1), a person is not taken to be an employer of a worker if—

        (a)     the person is included in a class of person prescribed by the regulations; or

        (b)     the person provides services prescribed by the regulations.

    (3)     Despite subsection (1), a worker is not taken to be an employee of an employer if—

        (a)     the worker is included in a class of individual prescribed by the regulations; or

        (b)     the worker provides services prescribed by the regulations.