Hiring a contractor, consultant or freelancer
You must comply with legal obligations when employing a contractor, sub-contractor, consultant, freelancer or sole trader; even if it's through a mobile or online platform.
Make sure you put a contract in place and comply with all relevant laws including for fair work, independent contractor, work health and safety, and anti-discrimination.
Learn about the differences between a contractor and an employee.
Develop a contract
You must have a suitable contract that clearly states the rights and responsibilities of all people involved.
Read how to prepare a contract or seek professional legal advice.
Intellectual property (IP)
The contractor or consultant will own the IP of work they create during the contract, unless the contract clearly says you will own the IP.
Read more about IP and contracts.
Legal obligations
Contractors, consultants and freelancers are protected by legislation including the:
- Fair Work Act 2009
- Independent Contractors Act 2006
- Work Health and Safety Act 2011 (Qld)
- Anti-Discrimination Act 1991.
Learn more about contractor rights and protections.
Work health and safety laws
You are required by law to protect all people who work for you—including contractors, consultants and freelancers—from health and safety risks or discrimination.
Learn more about:
Tax and superannuation
Income tax and superannuation
Use the employee/contractor decision tool by the Australian Taxation Office to work out whether your worker is an employee or contractor for tax and superannuation.
Payroll tax
If you have a relevant contract, payments you make to contractors may still be taxable.
Learn about payroll tax payments to contractors.
Insurance and workers' compensation
Make sure you have workers' compensation insurance.
If a contractor or consultant has an accident or injury, you may still need to compensate them.
Learn about health and safety rights and obligations.
Seek business advice
Consider working with business advisers to make sure you comply with all relevant laws.
Also consider…
- Learn about your obligations as an employer.
- Read about support for contractors, consultants, freelancers, sole-traders and other self-employed Queenslanders.
- Last reviewed: 8 Jun 2020
- Last updated: 8 Jun 2020