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This is the Independent Contractors Regulation 2016.
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Commonwealth legislation
Independent Contractors Regulation 2016 specifies which State and Territory laws apply to services contracts, imposes a 12‑month time bar on court applications to review a finished services contract as harsh or unfair (unless the Court permits for exceptional circumstances), and identifies parts of the Australian Consumer Law as "other review proceedings".
It affects independent contractors and the businesses that engage them by clarifying cross‑jurisdictional legal overlap and by restricting late contract‑challenge opportunities, shifting timing and litigation risk to contracting parties.
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Direct links to the current provisions in Independent Contractors Regulation 2016.
This is the Independent Contractors Regulation 2016.
This instrument is made under the Independent Contractors Act 2006.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Court;
(b) services contract.
In this instrument:
Act means the Independent Contractors Act 2006.
For the purposes of paragraph 7(2)(c) of the Act, the following are specified: (a) all of the Building and Construction Industry Security of Payment Act 1999 (NSW); (b) Parts 1 to 4 of Chapter 8, and the Dictionary at the end, of the Health Services Act 1997 (NSW); (c) all of the Building and Construction Industry Security of Payment Act 2002 (Vic.); (d) all of the Building and Construction Industry Payments Act 2004 (Qld); (da) all of the Building Industry Fairness (Security of Payment) Act 2017 (Qld); (db) Chapter 10A of the Industrial Relations Act 2016 (Qld), and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of that Chapter; (e) all of the Queensland Building and Construction Commission Act 1991 (Qld); (ea) all of the Building and Construction Industry (Security of Payment) Act 2021 (WA); (f) all of the Construction Contracts (Former Provisions) Act 2004 (WA); (g) all of the Owner‑Drivers (Contracts and Disputes) Act 2007 (WA); (h) all of the Building and Construction Industry Security of Payment Act 2009 (SA); (i) all of the Building and Construction Industry Security of Payment Act 2009 (Tas.); (j) all of the Building and Construction Industry (Security of Payment) Act 2009 (ACT); (k) all of the Construction Contracts (Security of Payments) Act 2004 (NT).
Note: The effect of State and Territory laws specified for the purposes of paragraph 7(2)(c) of the Act on the rights, entitlements, obligations and liabilities of a party to a services contract is not limited by subsection 7(1) of the Act.
For the purposes of section 13 of the Act (which prohibits an application to the Court in prescribed circumstances to review a services contract), this section prescribes the circumstances that both of the following apply: (a) 12 months have passed since the services contract ended; (b) the Court has not allowed the making of the application after being satisfied that there are exceptional circumstances justifying the making of the application.
For the purposes of paragraph (b) of the definition of other review proceedings in subsection 14(3) of the Act, sections 20, 21 and 250 of the Australian Consumer Law are specified.
Note: The reference to the Australian Consumer Law is a reference to the Australian Consumer Law as applied under Division 2 of Part XI of the Competition and Consumer Act 2010 (as a law of the Commonwealth) and as applied as a law of each State and Territory that is a party to the Intergovernmental Agreement for the Australian Consumer Law: see section 140K of that Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Independent Contractors Regulation 2016.
This instrument is made under the Independent Contractors Act 2006.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Court;
(b) services contract.
In this instrument:
Act means the Independent Contractors Act 2006.
For the purposes of paragraph 7(2)(c) of the Act, the following are specified: (a) all of the Building and Construction Industry Security of Payment Act 1999 (NSW); (b) Parts 1 to 4 of Chapter 8, and the Dictionary at the end, of the Health Services Act 1997 (NSW); (c) all of the Building and Construction Industry Security of Payment Act 2002 (Vic.); (d) all of the Building and Construction Industry Payments Act 2004 (Qld); (da) all of the Building Industry Fairness (Security of Payment) Act 2017 (Qld); (db) Chapter 10A of the Industrial Relations Act 2016 (Qld), and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of that Chapter; (e) all of the Queensland Building and Construction Commission Act 1991 (Qld); (ea) all of the Building and Construction Industry (Security of Payment) Act 2021 (WA); (f) all of the Construction Contracts (Former Provisions) Act 2004 (WA); (g) all of the Owner‑Drivers (Contracts and Disputes) Act 2007 (WA); (h) all of the Building and Construction Industry Security of Payment Act 2009 (SA); (i) all of the Building and Construction Industry Security of Payment Act 2009 (Tas.); (j) all of the Building and Construction Industry (Security of Payment) Act 2009 (ACT); (k) all of the Construction Contracts (Security of Payments) Act 2004 (NT).
Note: The effect of State and Territory laws specified for the purposes of paragraph 7(2)(c) of the Act on the rights, entitlements, obligations and liabilities of a party to a services contract is not limited by subsection 7(1) of the Act.
For the purposes of section 13 of the Act (which prohibits an application to the Court in prescribed circumstances to review a services contract), this section prescribes the circumstances that both of the following apply: (a) 12 months have passed since the services contract ended; (b) the Court has not allowed the making of the application after being satisfied that there are exceptional circumstances justifying the making of the application.
For the purposes of paragraph (b) of the definition of other review proceedings in subsection 14(3) of the Act, sections 20, 21 and 250 of the Australian Consumer Law are specified.
Note: The reference to the Australian Consumer Law is a reference to the Australian Consumer Law as applied under Division 2 of Part XI of the Competition and Consumer Act 2010 (as a law of the Commonwealth) and as applied as a law of each State and Territory that is a party to the Intergovernmental Agreement for the Australian Consumer Law: see section 140K of that Act.