There's lots happening for new dispute resolution services for small business people. The Small Business Commissioner (SBC) model is being rolled out across Australia. Explanation of developments.
For over 50 years, regulators both globally and in Australia have been confused and 'challenged' by self-employed people (independent contractors). Labour and labour-related regulation systems had been constructed on the assumption that the vast bulk of the workforce are 'employees' employed by 'employers'. The steady growth of the self-employed/independent contractor sector has challenged the assumptions and design of much of the regulation. The key conceptual and practical problem for regulation and policy designers was and is: how to regulate people who are both employer and employee at the same time?
Independent Contractors of Australia become active in this debate/exercise nearly a decade ago. With one-in-five of the workforce (in Australia) being self-employed, we have argued that the issue cannot be solved by trying to 'outlaw' self-employed people. This approach simply will not succeed and creates significant policy distortions.
Our solution has a solid foundation. We say:
Trying to catch all regulation under one 'employment' umbrella will never succeed.
Look to the purpose and intent of each specific policy area and design policy/regulation to achieve those objectives. in other words, tax collection has a different purpose to work safety.
Discover legislative language and systems to achieve the specific ends. For instance, Australian tax law now refers to 'payer' and 'payee' as principal terms rather than 'employer' and 'employee'.
Base the policy on its real intent. For example, work safety is about keeping everyone safe, not just keeping employees safe.
ICA has argued from this conceptual framework as it applies to a huge variety of policy areas. Our website---in particular this 'library' section---provides the evidence and substance of our reasonings---you can find most of them in the Regulations Library drop-down menu. We have been pleased to see much of what we argue for being picked up in important policy areas. We hope this reflects some commonsense in our positions and that we provide understandings that give practical assistance to improved policy.
At ICA we are dedicated to continuing our efforts and working closely with policy people to improve regulatory outcomes.
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