15Municipal Councillors

15 Municipal Councillors (1) A Councillor, while carrying out duties as a Councillor, is deemed to be a worker. (2) The Council of which the Councillor is a member, while the Councillor is carrying out duties as a Councillor, is deemed to be the employer of the Councillor. Sch. 1 cl. 15(3) amended by No. 9/2020 s. 390(Sch. 1 item 113.4) (3) Allowances fixed in a Determination of the Victorian Independent Remuneration Tribunal under the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019** and paid or payable to the Councillor are deemed to be remuneration. (4) The Minister may make guidelines in accordance with section 611 for the purposes of this clause specifying duties performed by a Councillor that may be taken to be, or not to be, duties as a Councillor for the purposes of this clause. Sch. 1 cl. 15(5) amended by No. 9/2020 s. 390(Sch. 1 item 113.5) (5) In this clause, ***Councillor*** and ***Council*** have the same respective meanings as they have in section 3(1) of the **Local Government Act 2020**. 16 Places of pick-up Despite anything in this Act or any other law, if a person is ordinarily engaged in any employment in connection with which persons customarily attend certain pre-arranged places (***places of pick-up***) at which employers select and engage persons for employment— (a) any such person is deemed, while in attendance at any such place of pick-up for the purpose of being so selected, to be working under a contract of employment with an employer; and (b) the employer who last employed that person in customary employment is deemed to be that employer; and (c) amounts paid or payable by the deemed employer to that person are deemed to be remuneration. 17 Sporting contestants (1) Except as provided in subclause (3), if a person is engaged by an employer to participate as a contestant in a sporting or athletic activity, neither the employer or self-insurer nor the Authority is liable to pay compensation for an injury received by the person if the injury is received while the person is— (a) participating as a contestant in a sporting or athletic activity; or (b) engaged in training or preparation with a view to so participating; or (c) travelling between a place of residence and the place at which the person is so participating or so engaged. (2) For the purposes of subclause (1), ***person*** does not include a person— Sch. 1 cl. 17(2)(a) amended by No. 1/2018 s. 8(1). (a) who is a jockey or an apprentice jockey who holds a licence granted in accordance with the Rules of Racing; or (b) engaged to participate as a rider, not being a person referred to in paragraph (a), or a driver in a horse, pony or harness race at a race-meeting within the meaning of the **Racing Act 1958** on a racecourse licensed under that Act or on lands otherwise authorised for the holding of race-meetings under Part I of that Act. Sch. 1 cl. 17(3) amended by No. 1/2018 s. 8(4). (3) A person— Sch. 1 cl. 17(3)(a) amended by No. 1/2018 s. 8(2). (a) engaged to participate as a rider in a horse race conducted as part of a race meeting, or official trial, held under the Rules of Racing; or Sch. 1 cl. 17(3)(b) substituted by No. 1/2018 s. 8(3). (b) who, not being the owner or trainer of the horse to be ridden, is a jockey or an apprentice jockey who holds a licence granted in accordance with the Rules of Racing and who agrees to do ride work for a trainer licensed under the Rules of Racing— (i) at a location authorised for the holding of a horse race under the **Racing Act 1958**; or (ii) at a training venue occupied by a club registered in accordance with the Rules of Racing; or (iii) at a training venue occupied by a trainer licensed under the Rules of Racing; or (iv) at a connecting route between any of the training venues referred to in subparagraphs (i) to (iii)— is deemed while participating as such a rider or doing such riding work to be a worker solely employed by Racing Victoria and the amounts paid to the person, or to the person's nominee, in respect of so participating or doing (including any prize money) is deemed to be remuneration. Sch. 1 cl. 17(4) substituted by No. 1/2018 s. 8(5). (4) In this clause— ***Racing Victoria*** has the same meaning as in the **Racing Act 1958**; ***Rules of Racing*** has the same meaning as in the **Racing Act 1958**. 18 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, while so participating, to be a worker; and (d) the club, association or body of persons holding the mixed sports gathering is deemed to be the employer of the rider or driver; and (e) amounts paid or payable to the rider or driver for so participating are deemed to be remuneration. 19 Outworkers (1) A natural person who is an outworker within the meaning of the **Outworkers (Improved Protection) Act 2003** is deemed to be a worker. (2) 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. (3) If a person engages a family entity or a family business to perform outwork within the meaning of the **Outworkers (Improved Protection) Act 2003**— (a) each person engaged by the family entity or family business who performs outwork within the meaning of that Act is deemed to be a worker; and (b) the first-mentioned person is deemed to be the employer of each person referred to in paragraph (a). (4) Subclauses (1) and (2) do not apply if the outworker does not perform any of the outwork personally but engages a person or persons to perform all the outwork. (5) 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 a 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 per cent 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 per cent of the capital of the partnership; or (ii) are entitled (whether or not beneficially) to more than 50 per cent 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 per cent of the value of the interests in the trust. (6) For the purposes of subclause (5)(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 per cent of the value of the interests in the trust. (7) An amount paid or payable for the performance of outwork— (a) to a person who, under subclause (1) is deemed to be a worker; or (b) to a family entity or family business referred to in subclause (3)(a)— by the person deemed under subclause (2) or (3)(b) to be the employer is deemed to be remuneration. (8) In this clause— ***corporation*** has the same meaning as in section 57A of the Corporations Act; ***family business*** means an unincorporated business— (a) of which a natural person who is an outworker is the sole proprietor; and (b) that does not engage any person other than the outworker or a member of the outworker's family; ***family entity***, in relation to an outworker, means— (a) a corporation; or (b) a partnership; or (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.