Charter of Contractual Fairness
On 1 July we launched our Charter of Contractual Fairness

We have heavily drawn the principles of contract fairness from the new consumer unfair contract protections laws. If it's fair for consumers, it's fair for small business people - the self-employed and independent contractors.

We are currently writing to Australian corporations asking them to commit to contract fairness in their dealings with small business people.
Election Face-off 2010
Here's how the 2 sides currently shape up for small business/self employed people! (10 July 2010)
Gillard's ALP

So far, they've told us "here's what we've done!"

• Started a superannuation clearing house
• Begun a small business online inquiry service
• Established a Small Business Advisory Committee
• New liability contract guidelines for government procurement
• National Business Name Registration
• A new guide for self-employed people
Abbott's Coalition
They've announced the first part of "here's what we're going to do!"

• A dedicated Small Business Minister who will be in Cabinet
• A new Small Business Ombudsman to handle and resolve small business complaints about the federal government
• The extension of consumer unfair contract protections to small business people
• Retention of the current self-employed (PSI) tax laws
• Stop small business red tape on Paid Parental Leave
• Mr Abbott's and Mr Billson's joint press release
What we've been asking for
• The extension of consumer unfair contract protections to small business people

• Retention of the current self-employed (PSI) tax laws. Our letter to the PM (28 May 2010)

Failure to fix unfair business contracts
ICA says "extend unfair contract protections for consumers to small business".

New laws:
Legislation #1 (March 2010)
Legislation #2 (June 2010)

Here's our summary of the situation.
How the legislation defines unfair contract terms.
Why small business people should have TPA protections from unfair contracts.
We need an answer on tax, please
We've made it quite clear that self-employed (PSI) tax should not be changed.

We've written to the PM for an answer, but we do not yet have a reply.

Tony Abbott has been clear. NO change!
Industry/Retail super funds must come out
The Cooper Review into superannuation says the big funds are not disclosing enough and must be forced to do so. This is vital. See Chapter 4.

Here's why workers' money is at risk if disclosure is not enforced.
Look after your retirement
The Cooper Review of superannuation says Self Managed Super Funds are good and need little change to existing arrangements. This is welcome. See Chapter 8.

The Report also seems to have stopped the attack against SMSF's.
Stand Up for Your (Contract) Rights!
We're monitoring contracts in general and promoting good contracts in particular. For example:
Another bad contract (Jun 2010)
One of the worst contracts we've seen (Jan 2010)
'Tom' versus DEEWR (Nov 2009)
But a positive development from government
Ken Phillips comments
And some interesting discussions
Central Banks on Debt
Since mid-May, central banks have been worried about sovereign debt. Click here for a list of useful links and summaries.
Problems with Phoenix companies
Two ICA members' tell their stories
ATO information on reporting suspect activity.

Govt's attempts to do something:
ICA comment

Newspaper comment:
The Australian
The Age/Sydney Morning Herald
Business Spectator

What 'Tom' thinks
What 'Jim' thinks
Dick Davies Writes...
"...the human fabric of the workplace precedes in importance that of technology!"
Dick Davies prods us to think about management, independence and motivation. Click here.
Stop Sham Contracts!
ICA supports the prevention of sham contracts. We monitor what's happening with them:
One person's story
Successful FWO prosecution (Dec 2009)
Info from Fair Work Ombudsman (July 2009)
First sham contract prosecution: ICA summary
Make a complaint to FWO
Business Spectator article
Read the debate
... Unquote
The Pessimists' Economic Views
(Posted January 2010)
We've brought together some pessimistic views about economics and likely economic trends in 2010:
US toxic loans
'US as sick as Greece'
Ken Phillips's summary
An 'IMF' perspective
Predicting 2010
Government debt a giant ponzi scheme?


Click to enlarge.

Ken Phillips on the debt equation


Watching Goldman Sachs
Rolling Stone magazine has blown the lid on Goldman Sachs:
Article 1 [July 2009]
Article 2 [April 2010]
Article 3 [May 2010]
Tax burden: UK versus Australia
Just as the UK is moving toward more sensible small business (contractor) tax laws, in Australia we're having to defend the progress we've made.
Laughing lawyers
You'll be amazed by the 'slips' that some lawyers make in court.
Third Annual Report
November 2004


2004 was yet another very busy year for Independent Contractors of Australia. Our major activities appear below:

South Australian industrial relations legislation
Just before Christmas 2003, the SA Government released a discussion paper proposing legislation that would have effectively outlawed independent contracting. It called for submissions by early February 2004. ICA made a submission (click here) and conducted a lobby campaign against those aspects of the proposals that would damage independent contractors. Finally, in October 2004, the SA Government released the Bill and ICA made another submission (click here [50K PDF]). The Bill has not addressed any of ICA's concerns. As of 26 November, the Bill had passed the Lower House in SA and it is to be debated in the Upper House before Christmas. ICA is calling for the Bill to be withdrawn because it is fundamentally flawed.

Tax. PSI Explanation
This occupied a good deal of time from October 2003 until mid-2004 as it involved extensive liaison with the Australian Taxation Office on the development of a layperson's explanation of the Personal Services Tax legislation. Our three-page explanation (click here) is particularly important because it helps independent contractors to understand their tax status and entitlements to business-style tax treatment, including deductions, retention of profit and so on.

Tax. Advisory Committee
In late 2004, ICA was invited on to an ATO advisory committee reviewing tax administration for small businesses. ICA representatives attended their first meeting in November 2004. The Committee's work will be an important feature of activity in 2005. The objective of the consultative committee is to advise on simplification of tax compliance and administration for small business.

Independent Contractors' Summit
ICA organized the first-ever national summit on independent contractor issues in Canberra in August 2004. This one-day summit was well attended by senior policy officials from the Federal and State governments---including the ATO and the ACCC---and a good mix of independent contractors from across Australia and from different industry sectors. It was a unique opportunity for independent contractors to network with a wide section of the public policy bureaucracy and to explore policy issues. For presentations from the Summit click here.

Tasmanian Industrial Relations
Tasmania initiated a review of its industrial relations legislation to which ICA made a submission (click here). This was followed up with discussions in Hobart with Government policy officials in September. ICA has been invited to have further input in 2005 as the review moves towards a proposal and legislation.

Victorian owner drivers review
The Victorian Government initiated a review of owner-drivers in the transport sector. ICA made a submission (click here) and was invited to respond to further questions put to ICA by the review committee (click here).

Victorian Review of Work Safety laws
In 2003, Victoria conducted a review of their Occupational Health and Safety laws. ICA made a submission (click here). In mid-2004, the Maxwell Review was released. ICA issued a response to the Review (click here) ICA believes that the report is highly positive from an independent contractor's perspective. In late October, the Victorian Government presented to Parliament a new OHS Bill based on the Maxwell recommendation. As of the date of this annual report, ICA is studying the Bill and will make comment in the near future.

Independent Contractor Legislation
In the October Federal election campaign, the Liberal Party released a policy announcing that independent contractor legislation would be introduced if the Coalition was returned (click here). ICA announced that it supported the principles described in the policy. With the return of the Liberal/National coalition, ICA is in the process of developing recommendations to present to the Government on the nature of the legislation. More information will be made available in early 2005.