Small Business Information
Independent contractors
- Independent contracting in your state or territory
State and territory information on contracting. - Alternative dispute resolution
Disputes can be resolved without lawyers or court hearings. Consider alternative dispute resolution methods if you're involved in a dispute with your hirer. - Going to court
As an independent contractor, your business relationship is governed by commercial law. The type of dispute will determine which court will hear your claim. - How do I know if I am an independent contractor?
You will need to determine whether you are classified as an independent contractor before entering a contract. Your status will affect your rights and obligations with your employer or the business you contract with. - 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 insurance. - What are my taxation obligations?
There are special tax rules for independent contractors to ensure that you do not use business structures to avoid your income tax obligations. - How is my intellectual property affected?
IP created by an independent contractor is by law considered the property of the independent contractor, unless otherwise stated in the contract. - Independent contractors & the common law
The Independent Contractors Act 2006 relies on the common law meaning of independent contractor. The common law is a set of legal principles, which have been developed through decisions in the courts. - Unfair contracts and sham contracts
Under the Independent Contractors Act 2006, an unfair contract is one where a person performs work on terms that are 'unfair' or 'harsh'. - Arbitration
In arbitration, the disputing parties will present their case/argument to an arbitrator. It is similar to a court procedure and is the most formal type of alternative dispute resolution. - Conciliation
A conciliator will provide advice and help a contractor and hirer to define a dispute, develop options and reach an agreement. Conciliators are advantageous because they usually have experience, knowledge or legal qualifications in the area of dispute. - Dispute resolution
If you have a dispute with your hirer, there are a number of options available to help you resolve it and preserve your business relationship. - Free or low cost mediation services in your state or territory
State and territory information on free or low cost mediation services. - Independent contractors
Independent contractors run their own business, hiring out their services to other businesses and organisations. Unlike most employees, independent contractors negotiate their own fees and working arrangements, and can work for a variety of clients at one time. - Independent contractors: the essential handbook (audio)
Download an audio recording of Independent contractors: the essential handbook. - Legal advisory services in your state or territory
State and territory information for legal advisory services. - Magistrates courts & tribunals in your state or territory
State and territory information on magistrates courts and tribunals. - Mediation
Mediation is an effective way of resolving disputes and preserving business relationships. You and your hirer can work with an impartial person to identify the disputed issues, develop options, consider alternatives and try to reach an agreement. - Payment disputes in the building & construction industry
If you work in the building and construction industry, you may be able to get help to recover payments from a hirer through security of payments laws. - Security of payments laws in your state or territory
State and territory information on security of payments laws.
Source: This information is brought to you by business.gov.au