Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 11

After section 16 of the Accident Compensation Act 1985 , insert —

    " 16A     Riders and drivers in certain races

If a person is engaged to participate as—

        (a)     a rider in a horse race or pony race; or

        (b)     a driver in a harness race—

conducted as part of a mixed sports gathering within the meaning of the Racing Act 1958 held in accordance with section 19 of the Racing Act 1958 —

        (c)     the rider or driver is deemed, for the purposes of this Act, while so participating, to be a worker; and

        (d)     the club, association or body of persons holding the mixed sports gathering is deemed, for the purposes of this Act, to be the employer of the rider or driver.

        17     Outworkers

    (1)     For the purposes of this Act—

        (a)     subject to subsection (2)—

              (i)     a natural person who is an outworker within the meaning of the Outworkers (Improved Protection) Act 2003 is deemed to be a worker; and

              (ii)     a person (other than a family entity) who engages a natural person who is an outworker to perform outwork within the meaning of the Outworkers (Improved Protection) Act 2003 is deemed to be the employer of the outworker;

        (b)     if a person engages a family entity to perform outwork within the meaning of the Outworkers (Improved Protection) Act 2003 —

              (i)     each person engaged by the family entity who performs outwork within the meaning of that Act is deemed to be a worker; and

              (ii)         the first-mentioned person is deemed to be the employer of each person referred to in subparagraph (i).

    (2)     Subsection (1)(a) does not apply if     the outworker     does not perform any of the outwork personally but engages a person to perform all the outwork.

    (3)     For the purposes of the definition of "family entity", the outworker or a member of the outworker's family ( relevant person ), or any two or more of them together ( relevant persons ) are to be taken to have a controlling interest in the family entity if—

        (a)     where the family entity is a corporation—

              (i)     its directors (by whatever name called); or

              (ii)     a majority of its directors; or

              (iii)     one or more of its directors is, or are, entitled to exercise a majority in voting power at meetings of the directors—

are under an obligation or understanding to act in accordance with the directions, instructions or wishes of the relevant person or relevant persons; or

        (b)     where the family entity is a corporation with a share capital—the relevant person or relevant persons directly or indirectly exercise, control the exercise of, or substantially influence the exercise of     more than 50% of the voting power attached to voting shares or any class of voting shares issued by the corporation; or

        (c)     where the family entity is a partnership—the relevant person or relevant persons together—

              (i)     own (whether or not beneficially) more than 50% of the capital of the partnership; or

              (ii)     are entitled (whether or not beneficially) to more than 50% of any profits of the partnership; or

        (d)     where the family entity is a trustee of a trust that carries on a business—the relevant person or relevant persons (whether or not a trustee or trustees of, or beneficiary or beneficiaries of, another trust) are beneficiaries in respect of more than 50% of the value of the interests in the trust.

    (4)         For the purposes of subsection (3)(d), a person who, as the result of the exercise of a power or discretion—

        (a)     by the trustee of a discretionary trust; or

        (b)     by any other person; or

        (c)     by a trustee of a discretionary trust and another person—

may benefit under a discretionary trust is deemed to be a beneficiary in respect of more than 50% of the value of the interests in the trust.

    (5)     In this section—

"corporation "has the same meaning as in section 57A of the Corporations Act;

"family entity", in relation to an outworker, means—

        (a)     a corporation;

        (b)     a partnership;

        (c)     a trustee of a trust that carries on a business—

that does not engage any person other than the outworker or a member of the outworker's family and in respect of which one or more of the outworker and members of the outworker's family have a controlling interest;

"member of the outworker's family", in relation to an outworker, means any of the following—partner, father, mother, grandfather, grandmother, son, daughter, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or cousin.".