Yep. An accident is often what precipitates the court proceedings to determine whether or not the person is an employee as a matter of law. The most recent examples are Uber-folk.
(I think the operator still owes WHS duties to independent contractors, even in the case of 'real' independent contractors.)
And back to the aviation safety regulation point I was making: I'll bet London to a brick that the contracts for service will include a clause that states the contractor is in no way, and must not represent him or herself as being in any way, an employee or agent of the operator. According to the people who crushed Glen Buckley into the ground: "The operational and organisational arrangement contemplated by CASR 141 [and Part 142] are based on a conventional business model, under which all of the operational activities conducted by the authorisation holder are carried out, for and behalf of the authorisation holder by persons employed by, and in all respects as agents of, the authorisation holder."
Last edited by Lead Balloon; 24th Sep 2021 at 03:52.