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:

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.

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