Victoria Occupational Health and Safety Act 2004 s21-3: s 21(3) Extend employer duties to independent contractors and their employees

For s 21(1) and (2), an employer's employees include any independent contractor it engages and that contractor's employees. The employer's duties therefore extend to contractors and their workers for matters the employer controls, or would control but for an agreement that tries to limit or remove that control. An employer cannot contract out of its duties by shifting control on paper. Breach attracts the s 21(1) maximum of 1800 penalty units (individual) or 9000 penalty units (body corporate).