9.1.5 Persons who are not employees or employers

Introduction

This section explains how the PPLAct applies to people in a relationship similar to that between an employer and employee.

Under Part 11 of the PPL Rules, 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 employer determinations for those in relationships that do not fall squarely into the employer/employee model, such as defence force members and law enforcement officers.

The PPL Rules provide that Centrelink may make an employer determination for the Commissioner of Police (1.1.C.120) of a state or territory (other than Queensland or the Australian Capital Territory) and a person who is a law enforcement officer (1.1.L.10) of that state or territory.

The PPL Rules also provide that Centrelink may make an employer determination between the Crown in right of Queensland and a law enforcement officer of Queensland and between the AFP Commissioner (1.1.A.65) and a person who is an AFP officer (1.1.A.67). 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.

Act reference: PPLAct section 299 Extension of Act to persons who are not employees and employers

PPL Rules Part 11 Extension of Act to persons who are not employees and employers

Last reviewed: 10 May 2021