9.1.5 Persons who are not employees or employers
This section explains how the PPLAct applies to people in a relationship similar to that between an employer and employee.
The PPL Rules provide that Centrelink may make an employer determination (1.1.E.60) under the PPLAct Part 3-5 for people who are in a similar relationship to that between an employer and employee. This is to allow for those relationships that do not fall squarely into the employer/employee model, such as defence force members and law enforcement officers.
The PPL Rules have been made to provide that Centrelink may make an employer determination for the Commissioner of Police (1.1.C.120) in relation to the police forces of New South Wales, Victoria, Western Australia, South Australia, Tasmania and the Northern Territory and a person who is a designated law enforcement officer (1.1.D.100) in relation to the specified state or territory which is covered by the compliance regime provided by the FWO in relation to employer non-compliance with payment of PLP under the PPLAct.
The PPL Rules also provide that Centrelink may make an employer determination between the Crown (1.1.C.170) and a law enforcement officer of Queensland (1.1.L.20), in which case the payer role is fulfilled by the Queensland Police Service (Queensland Government), and between the Australian Federal Police Commissioner (1.1.A.95) and a person who is a federal law enforcement officer (1.1.F.30).
Similarly, the PPLAct is extended to defence force members under the PPL Rules to provide that Centrelink may make an employer determination for the Chief of the Defence Force (1.1.C.60) and a person who is a defence force member (1.1.D.70). In this situation, the PPL Rules modify the PPLAct so that the Chief of the Defence Force is taken to be the employer of the defence force member and vice-versa; a reference to the employment or engagement of a defence force member is taken to be a reference to the service of a member of the defence force; and a reference to the FWO or the Fair Work Inspector is taken to be a reference to the Defence Force Ombudsman (1.1.D.80).