Do I have to do this?  Yes. An independent contractor is someone who works for themselves. An independent contractor is not an employee. You need to know the difference.  

Learn more about this and other Essentials: Knowing your workplace laws

Do I have to do this?  No – but planning and budgeting for an independent contractor will help you work out if you can afford to hire someone. Independent contractors get to decide what price they will accept for their work.

Take into account:

• the independent contractor's fees, including any GST
• any superannuation that may be payable.

Learn more about:

• working out fees, payment and pricing
• who gets super

Do I have to do this?  It depends. Some independent contractors are entitled to superannuation. If you have to pay super, you must set up a system for making super contributions that complies with the law.  

Learn about setting up to pay super

If you have already been paying super, the rules have recently changed. If you haven’t already, learn about changing how you pay super to Payday Super

I've already done this — Great, keep going on your journey. 

Do I have to do this?  You do need to work this out – but whether you need insurance will depend on the work or services and any contracts you have with the independent contractor.

Remember: Some independent contractors are covered by workers compensation insurance laws.

You might also decide that you want an independent contractor to have their own types of insurance.

Learn more about this and other Essentials for hiring independent contractors

Do I have to do this?  It depends. For some independent contractors, you may need to pay pay-as-you-go (PAYG) withholding taxes, and in some states and territories you may need to pay payroll tax.

Learn more about business tax

I've already done this — Great, keep going on your journey. 

Do I have to do this?  It’s ok to hire people based on word-of-mouth or because you know them — but decisions that are not open and transparent can be vulnerable to bias and may not always be in the best interests of your creative business or organisation.

Learn how to find someone to do the work you need

Do I have to do this?  It is very likely that an independent contractor who will (or even might) work with children or young people will need a valid Working With Children Check or equivalent.

There are also other screening actions that we strongly recommend. Screening (checking) workers is an important action for preventing harm and abuse of children and young people.

Learn more about screening (checking) people working with children

Do I have to do this?  Yes. Your hiring decisions and processes must be free from unlawful discrimination.  

Learn more about workplace discrimination

Do I have to do this? You and the independent contractor need to know and agree on the work to be done — what’s included, what’s not, and any completion dates or timeframes. You should write your agreement down.

Learn more about this and other Essentials for hiring independent contractors 

Do I have to do this?  You and the independent contractor need to know and agree on the fees and payment terms. You should write the agreed payment terms down.

Learn more about this and other Essentials for hiring independent contractors

Do I have to do this?  You should know this. Independent contractors generally keep the intellectual property rights to their work. If you want to use, share, sell or own the work created by an independent contractor, you will need the independent contractor’s agreement.

Learn more about this and other Essentials for hiring independent contractors

If you are working with First Nations peoples’ cultural heritage, agreements about IP do not automatically address cultural authority, cultural protocols or rights relating to Indigenous Cultural and Intellectual Property (ICIP).

Learn more about this and other Essentials for engaging First Nations artists and arts workers

Do I have to do this?  Having a written agreement or written contract is not the law — but we strongly recommend it.

It is important that you and the independent contractor are both clear about what you’re agreeing to.

Learn more about contracts