Mr. Tim Duggan:

Indeed, but it will set out very clearly for employers and employees how this is a key, critical issue and they have to pay attention to it. When that new guidance is put on a statutory footing, it will be done on the basis that deciding officers will have to have regard to it. It will be very clear to all employers and employees that when deciding officers in the scope section are examining cases that are referred to them, they will be doing it in the context of that guidance and consequently to ignore that guidance and what is specifically sets out would not be prudent. The Senator is right that there is a difficulty about defining an employee when somebody is categorised as self-employed. We are currently teasing through precisely how we will frame that anti-victimisation legislation with the Office of the Attorney General. It will have to incorporate something around when an individual or a worker is engaged with the scope section in seeking a determination of their status. That is still being worked out. Once we have it worked out it will be obvious how we think we can address that specific issue. It is not easy, I accept that, but we are definitively going to try to do that.