NDIS Tax

Medicare, NDIS, and Tax: What Allied Health Practice Owners Often Get Wrong

Running an allied health practice is one of the most rewarding things you can do. You’re helping people, building a team, growing something meaningful. But the financial side of allied health is surprisingly complicated, and in my work with physiotherapy clinics, OT practices, speech pathology businesses, and psychology groups across Australia, the same three problems keep coming up.

Medicare billing confusion. Contractor classification headaches. NDIS GST mix-ups. None of these are obscure technical issues – they’re everyday situations that catch busy practice owners off guard, often at exactly the wrong moment.

Here’s what you need to know.

1. Medicare Billing: The Rules Changed in July 2025

If your practice bills Medicare for chronic disease management services, you need to be across the changes from 1 July 2025. The old Enhanced Primary Care (EPC) referral system has been replaced by GP Chronic Conditions Management Plan (GPCCMP) referrals. The core entitlement hasn’t changed – eligible patients still access up to five Medicare-subsidised allied health visits per calendar year – but the way referrals are structured and documented is different.

The most common billing mistakes I see are: billing a Medicare item before the prerequisite GP item has been claimed (allied health services don’t attract Medicare benefits until Services Australia has paid the GP item first); not tracking how many of a patient’s five annual visits have already been used across other providers; and billing individual item numbers for group sessions, when most chronic disease management items require face-to-face individual treatment of at least 20 minutes.

Medicare compliance checks are real. Providers can be required to submit evidence about the services they’ve billed, and discrepancies can result in repayment demands going back years. Make sure your practice management software reflects the GPCCMP changes, and have a process for confirming referral validity before each appointment.

2. Contractor vs Employee: This Is Where It Gets Expensive

Allied health practices commonly engage therapists on a contracting basis – sessional physios, locum OTs, contract speech pathologists. It’s a flexible model that suits a lot of practices. But the rules around who genuinely qualifies as a contractor have tightened considerably, and getting this wrong is one of the most expensive mistakes a practice can make.

Following High Court rulings in 2022 and the ATO’s updated Tax Ruling TR 2023/4, worker classification now focuses heavily on what the contract actually says rather than just how the working relationship looks day-to-day. And having a worker with an ABN doesn’t automatically make them a contractor for super or tax purposes.

There’s also a separate issue with superannuation that catches a lot of practices out. The Superannuation Guarantee legislation uses a broader definition of ‘employee’ than tax law does. A therapist who is technically a contractor for income tax purposes may still trigger super obligations if they provide mainly their own labour, can’t delegate the work, and are paid by time. With the super guarantee rate at 12% from 1 July 2025, the liability adds up quickly – and that’s before you factor in ATO penalties or potential payroll tax exposure from the Queensland Revenue Office.

If you’re not 100% confident about your current arrangements, a review is worth it. Sorting this out proactively is significantly cheaper than dealing with it during an audit.

3. NDIS and GST: Not as Straightforward as It Looks

Many allied health practices also provide services to NDIS participants, and this is where GST treatment gets messy. Most allied health services are GST-free when provided to NDIS participants under a registered plan – but not all NDIS-related services are automatically GST-free. It depends on whether the service is directly related to the participant’s disability support needs and how the funding is structured.

The common pitfalls: applying GST to services that should be GST-free (overcharging participants); treating all NDIS income as GST-free when some services – such as report writing or non-therapeutic consultations – may attract GST; and handling invoicing inconsistently when the same therapist sees both NDIS and non-NDIS clients in the same week.

The NDIS is also under increased compliance scrutiny. Auditors now expect digital record trails that link service delivery directly to billing. If your invoicing and record-keeping don’t align, that’s a risk worth addressing sooner rather than later.

The Bottom Line

None of these issues are insurmountable – most are straightforward to resolve once you know what you’re looking for. The challenge is that practice owners are flat-out delivering services, managing teams, and keeping clients happy. Keeping up with every ATO ruling on top of that is a big ask.

Getting your compliance right is the starting point – your tax, BAS, super obligations, and Medicare billing all need to be in order. But for a lot of allied health practices, that’s where the relationship with their accountant begins and ends. And honestly? There’s a lot more value on the table if you want it.

Depending on where your practice is at, that might look like cash flow planning to manage the peaks and troughs of a growing clinic, help structuring a new associate or contractor arrangement, working through a lease or equipment decision, or simply having someone to call when something changes and you’re not sure what it means for your business.

These aren’t services every practice needs all at once – but knowing that support is available when you do makes a real difference.

If any of the above sounds familiar – whether it’s getting your compliance foundations right or figuring out what comes next for your practice – I’d love to have a chat. No jargon, just plain English and practical next steps.

 

Ready to get your finances sorted?

Book a free 15-minute call with Amanda to talk through your practice’s specific situation. Whether you’re sorting out the compliance basics or looking for more hands-on support as your practice grows – we can create a custom package to suit you delivered with plain English answers and practical next steps.

Business

What It Actually Feels Like to Have an Accountant in Your Corner

When was the last time your accountant called you?

Not because something was due. Not because you had missed a deadline. Just to check in, see how things were going, and ask if there was anything on your mind.

If you are drawing a blank, you are not alone. For most business owners, the accountant relationship follows a predictable rhythm: radio silence for eleven months, followed by a frantic scramble at tax time. It works, technically. But it does not feel like much of a partnership.

At ASAP Solutions, we do things differently. And I want to share what that actually looks like from the client perspective – because until you have experienced year-round support, it is hard to imagine what you have been missing.

You stop carrying the mental load alone

Running a business means constantly juggling competing priorities. There is the work you actually do – seeing clients, managing projects, delivering services – and then there is everything else. The compliance deadlines. The payroll questions. The nagging feeling that you should probably be doing something about your tax situation but you are not quite sure what.

When you have an accountant who is genuinely in your corner, that mental load shifts. You are not the only one keeping track of what is due when. You are not lying awake wondering if you have set aside enough for your BAS. Someone else is paying attention – and they will give you a heads up before anything becomes urgent.

One of my clients described it as finally having a ‘financial spotter’. Like at the gym – you can push harder and take on more because someone has got your back if things get wobbly.

Questions get answered before they become problems

Here is something that happens regularly with our clients: they will mention something in passing during a check-in – maybe they are thinking about bringing on a contractor, or they have had an unusual expense, or they are wondering about a piece of equipment. And we can talk it through right then, while it is still in the ‘thinking about it’ stage.

Compare that to the alternative: you make a decision, implement it, and then find out months later at tax time that there was a better way to structure it. Or worse, that you have inadvertently created a compliance headache.

Proactive support means catching these things early. It means you can ask ‘quick question’ without feeling like you are bothering someone or watching the clock tick on billable hours. It means your accountant actually knows enough about your business to give you relevant advice, not generic guidance that may or may not apply to your situation.

Tax time becomes a non-event

I will be honest – when I tell people that our clients do not stress about tax time, they look at me like I have grown a second head. But it is true.

When you have been having regular conversations throughout the year, when your records are up to date because we have been working on them together, when you already know roughly what your tax position looks like because we have discussed it in your quarterly review – there is no drama. No surprises. No frantic gathering of receipts from the bottom of your bag.

End of financial year becomes just another month. You have already done the thinking, the planning, and the preparation. The actual lodgement is almost anticlimactic.

You actually understand your numbers

I believe that business owners deserve to understand their own finances. Not at a forensic accounting level – but enough to feel confident about where you stand and where you are heading.

When we work together throughout the year, there is time to explain things properly. To answer your questions without rushing. To help you see the patterns in your business and understand what the numbers are actually telling you. That is hard to do in a once-a-year meeting when we are both focused on getting your return lodged.

Our clients regularly tell me they feel more confident talking about money – with their bank, with potential investors, with business partners – because they actually know what is going on. They are not just nodding along and hoping for the best.

Tell us where you’re headed

Something I’ve learned over the years is that sometimes what your accountant thinks you need and what you’re actually wanting are two different things. Clarity on your vision for the future is so important to help you get their. If you’ve got something specific on your mind – a goal you’re working towards, a question you’ve been sitting on, a direction you want to take the business.

We want to know. Truly. Clear communication is the key to any good relationship, and ours is no different. The more you tell us about what you need and where you’re headed, the better we can help you get there.

Think of it like a sports team – we’re all working towards the same goal, but we need to understand your game plan to make the right plays. You set the strategy; we’ll help you execute it.

You have someone to celebrate the wins with

This one might sound a bit soft, but it matters. Running a business can be isolating. You hit a revenue milestone, you land a big client, you finally get your cash flow sorted – and there is no one who really gets why that is significant.

Your accountant sees the numbers. They know what you were working towards. When something good happens, they can appreciate it properly – because they understand the context and the effort it took to get there.

It sounds small, but having someone in your professional corner who notices your progress and acknowledges your wins? That is part of what makes the relationship feel like a partnership rather than a transaction.

Is this what you are looking for?

I started ASAP Solutions because I believed business owners deserved better than the traditional accounting experience. Not everyone wants or needs this kind of support – and that is completely fine. Some businesses genuinely only need an accountant once a year.

But if you have read this and thought ‘yes, that is what I have been missing’, then we should talk. Not a sales pitch – just a conversation to see if we would be a good fit for each other.

Because the right accountant relationship should not feel like a chore you put off as long as possible. It should feel like having someone genuinely in your corner.

Ready to experience the difference? Book a 15-minute chat with Amanda to see if ASAP Solutions is right for your business.

Advice Business NDIS

Getting Your Business Ready for the Holiday Break: Systems That Set You Up for Success

Christmas is coming!

And if you’re like most business owners, you’re already thinking about that glorious stretch of downtime (and maybe stressing a little about all the things to be done before that can happen).

But here’s the thing – taking a proper break shouldn’t mean crossing your fingers and hoping everything holds together while you’re away. Smart small business accounting practices mean setting up systems now so you can genuinely switch off later.

Let’s talk about putting the right systems in place so you can actually enjoy your break.

Why Systems Matter (Even for Small Breaks)

Whether closing for a week or taking the full summer shutdown, the businesses that I see bounce back strongest in January are the ones that planned ahead. Good small business accounting isn’t just about crunching numbers – it’s about creating systems that work even when you’re not there.

The Financial Housekeeping Checklist

Before you head off, get your financial admin sorted:

Cash flow planning – Map out what’s coming in and going out over the break period. Know when your bills are due and make sure you’ve got funds sitting in the right accounts. The last thing you want is a direct debit bouncing while you’re at the beach.

Invoicing ahead of time – Get December invoices out early. If you usually send them on the 20th, bring it forward. Your clients will be winding down too, and you want to catch them before their accounts payable person goes on leave.

Payment terms and reminders – Set up automated payment reminders for outstanding invoices. A gentle nudge before people disappear for the holidays can make a real difference to your January cash position.

Payroll sorted – If you’re paying staff early because of the break, communicate this clearly and get everything processed ahead of time.

Forward planning – Block out time in January before you leave. Book in your BAS preparation, time to catch up on admin work (invoicing and accounts reconciliation) and give yourself breathing room to ease back in.

What Good Planning Actually Looks Like

Here’s what you should aim for: You leave on your last day knowing everything’s handled. Your bills are paid or scheduled. Your clients know when you’ll be back. And you’ve got a realistic plan for ramping back up in January.

It’s not about having everything perfect – it’s about removing the uncertainty that stops you from properly switching off.

Quick Tip

NDIS and Allied Health

If you’re in these sectors, you’ve got some specific considerations:

Claiming deadlines – NDIS claims don’t stop for Christmas. Make sure your December claims are submitted before the break, and you’ve got a system for any that need to go in while you’re away.

Plan management – If you’re a plan manager, your participants still need access to funds. Make sure your systems can handle basic transactions even if you’re offline.

The Bottom Line

Taking a proper break isn’t about abandoning your business – it’s about setting it up so you can step away with confidence. The businesses that thrive long-term are the ones where owners know how to switch off and recharge.

Effective small business accounting means having systems that run smoothly whether you’re in the office or on holidays. If you want someone to help you set up your accounts system to become more automated, get on top of your accounts or see how you can streamline your business for next year; that’s exactly the kind of planning conversation we can have. Book in a chat and let’s take the headache out of your accounts for next year!

Business

Same Job, Same Pay Laws: 12 Months On – What’s Changed for Australian Businesses

Remember all the chatter this time last year about the Same Job, Same Pay legislation? Well, we’ve now hit the one-year anniversary since these laws came into force in November 2024, and it’s been quite the ride for Australian businesses. Let’s take a look at what’s actually happened, what it means for your business, and some eye-opening cases that have set the precedent for everyone else.

The Quick Recap: What Are These Laws Again?

In case you need a refresher, the Same Job, Same Pay laws were designed to close the loopholes that allowed businesses to pay labour hire workers less than their permanent counterparts doing exactly the same work. The legislation gives the Fair Work Commission (FWC) the power to order labour hire companies to pay their workers the same rates as employees covered by the host employer’s enterprise agreement.

The basic requirements? Your business is affected if you have 15 or more employees, are covered by an enterprise agreement, and use labour hire workers who’ve been with you for more than three months.

By The Numbers: Real Impact on Real Businesses

Twelve months in, we’re seeing some significant changes across various industries. Here’s what’s been happening in the real world:

Mining Sector Shakeup

The mining industry has felt the biggest impact. In July 2025, BHP’s Queensland operations saw approximately 2,200 labour hire workers receive an average pay increase of $30,000 per year. That’s not a typo. At South32’s Cannington mine in Queensland, haul truck drivers saw their wages jump by 60% – from $45 per hour to $75 per hour.

Aviation Adjustments

Qantas has been feeling the pinch too. Around 760 cabin crew members employed through labour hire arrangements have received significant pay increases following settlements reached in March 2025. The airline is facing a $60 million cost just for the 2025 financial year from these changes alone.

Other Industries Following Suit

It’s not just mining and aviation. Queensland meatworks have seen labour hire workers receive 25% pay increases, while Kmart’s Lytton distribution centre implemented $8-$12 per hour increases for casual warehouse staff. We’re seeing applications across warehousing, meat processing, and various other sectors.

The Case That Changed Everything

One of the most fascinating developments this year has been the ruling in Ms Joanna Pascua v Doessel Group Pty Ltd. This case has major implications for how businesses structure their workforce, particularly when engaging overseas workers.

Ms Pascua was a legal aide working from the Philippines for Doessel Group, a Queensland-based credit repair law firm. The arrangement was set up as an “independent contractor” relationship, but the FWC didn’t buy it. They looked beyond the label and found that the reality of the working relationship was actually that of an employee.

Here’s what the FWC considered:

  • She worked set hours determined by the employer
  • She was paid at regular intervals that resembled full-time employment
  • The employer controlled how and when the work was performed
  • She couldn’t subcontract her work to others
  • She used equipment provided by the employer

The Bottom Line: Just because someone works overseas and you’ve called them a “contractor” doesn’t mean the Fair Work Act won’t apply. If the FWC determines they’re actually an employee, all the usual Australian employment obligations kick in – regardless of where they’re physically located.

This is a wake-up call for businesses trying to use creative arrangements to avoid employment obligations. The FWC and courts are looking at the substance of relationships, not just the labels you put on them.

What Businesses Are Learning

After a year of these laws in action, here are the key lessons emerging:

The “Service Contractor” Defence Is Tough to Prove

BHP tried to argue that some of their arrangements involved genuine service contractors rather than labour hire, but the FWC wasn’t convinced. The Commission looks at who actually controls the work – if your “service provider’s” workers are taking direction from your supervisors, wearing your uniforms, and attending your pre-start meetings, you’re likely dealing with labour hire, not a service contract.

Compliance Costs Are Real

Beyond the wage increases themselves, businesses are dealing with significant administrative burdens. Host employers need to provide labour hire companies with detailed information about their enterprise agreement rates, allowances, and conditions. Getting this wrong isn’t just inconvenient – it could expose you to wage theft claims that could seriously damage your business.

Strategic Shifts Are Happening

Some businesses are responding by moving away from labour hire altogether and bringing workers into direct employment. Others are accelerating automation plans. The competitive landscape is shifting, with companies that relied heavily on labour hire arrangements facing proportionally greater cost pressures than their competitors.

What This Means for Your Business

If you’re in the NDIS, Trade or Allied Health sectors (where many of our clients are), you might be thinking, “Does this even affect me?” The answer depends on your specific circumstances, but here’s what you need to consider:

Check Your Enterprise Agreement Status

The laws primarily apply to businesses with enterprise agreements. If you’re operating under modern awards, the immediate impact may be less direct, but that doesn’t mean you can ignore these developments entirely.

Review Your Contractor Relationships

Remember the Pascua case? If you’re engaging contractors – especially overseas – make sure the relationship is genuinely one of contracting, not employment in disguise. The new definition of “employee” that came into effect in August 2024 focuses on the real substance of the relationship, not just what your contract says.

Consider the Broader Trend

These laws are part of a larger push toward workplace fairness and compliance. Even if you’re not directly affected now, the direction of travel is clear: regulators and courts are taking a much closer look at employment arrangements and closing loopholes.

The Uninsurable Risk

Here’s something that caught many businesses off guard: you can’t insure your way out of wage theft risks anymore. In the past, some insurers would potentially cover fines relating to wage breaches, but that’s changed. You’re on your own if you get this wrong, which makes getting proper advice and implementing robust systems more important than ever.

Looking Forward

As we move into year two of these laws, expect to see:

  • More FWC decisions clarifying the boundaries of the legislation
  • Additional industry sectors being scrutinised
  • Continued union applications for regulated labour hire arrangement orders
  • Businesses restructuring their workforce models
  • Increased focus on compliance and record-keeping

There’s always the possibility that a change in government could see these laws reconsidered or repealed. But for now, compliance is the only sensible path forward.

The ASAP Approach: Stay Ahead of the Game

This is exactly why I work with my clients year-round, not just at tax time. Laws like these don’t just affect your payroll – they have implications for your business structure, your contracts, your insurance, and your overall risk profile.

If you’re using labour hire, engaging contractors (especially overseas ones), or have any questions about how these changes might affect your business, don’t wait until it becomes a problem. Let’s have a chat now and make sure you’re on the right side of these laws.

Because at the end of the day, the best compliance strategy is knowing what’s coming and being prepared for it – not dealing with it after you’ve got a Fair Work investigation on your hands.

Need help navigating these changes? That’s exactly what I’m here for. Get in touch, and let’s make sure your business is protected, compliant, and positioned for success in this changing landscape.

Advice

Contractor Rights and Entitlements

Quick Summary for Independent Contractors

  • Independent contractors in Australia don’t receive traditional employee entitlements like minimum wage, annual leave, or redundancy pay unless negotiated in contracts.
  • New “whole of relationship tests” determine employment status based on actual working arrangements, not just contracts. 
  • Sham contracting (being misclassified as a contractor when you’re really an employee) is illegal and you can seek help from Fair Work.

If you’re working as an independent contractor in Australia, the landscape shifted significantly in 2024. While contractors have always occupied a different space than employees, recent changes mean you now have more protections and clearer rights. Let me walk you through what you’re entitled to, what you’re not, and the game-changing updates you need to know about.

What Contractors DON’T Get (Unless You Negotiate It)

Let’s start with the reality check. Unlike employees, independent contractors don’t automatically receive:

  • Minimum wage rates – You negotiate your own pricing
  • Annual leave, sick leave, or personal leave – No paid time off unless it’s in your contract
  • Maximum weekly working hours protection – You control your schedule (and workload)
  • Notice of termination – Contracts can usually be ended with whatever notice is specified
  • Redundancy payments – No safety net if work dries up
  • Public holiday pay – You don’t get paid for days you don’t work

This might sound harsh, but remember: contractors typically charge higher rates precisely because they’re covering these gaps themselves.

What Contractors DO Get

Even though contractors miss out on traditional employee benefits, you still have important rights:

Workplace Safety

All workers in Australia, including contractors, are entitled to a safe workplace. Your clients must still comply with work health and safety laws, regardless of your employment status.

Superannuation Entitlements

Here’s a big one that catches many contractors off guard: if you’re paid mainly for your labour (rather than delivering specific outcomes), your client might need to pay super contributions for you. This applies when:

  • More than half your contract value is for your time and skills
  • You can’t delegate the work to someone else
  • You’re paid for your labour rather than achieving a specific result

Having an ABN doesn’t change this – it’s about the actual working relationship.

Protection from Sham Contracting

It’s illegal for businesses to misrepresent an employment relationship as a contracting arrangement. If you’re working like an employee but being treated as a contractor, you may be entitled to employee benefits and back-payments.

The Game-Changer: Protection from Unfair Contract Terms

Since 26 August 2024, contractors earning below the high income threshold ($183,100 from 1 July 2025) can apply to the Fair Work Commission if they believe contract terms are unfair. This is huge – it’s similar to unfair dismissal protections for employees.

The 2024 Changes That Affect You

The contractor landscape changed dramatically in August 2024. Here’s what you need to know:

New Relationship Tests

Some businesses now use a “whole of relationship test” to determine if someone is an employee or contractor. This is important because it looks at your entire working relationship, not just what’s written in your contract.

Key factors include:

  • How much control the business has over your work
  • Whether you’re integrated into their business operations
  • If you can delegate work to others
  • Whether you’re taking commercial risks
  • How dependent you are on this client for income

Regulated Workers: A New Category

A new category called “regulated workers” now exists, which includes:

  • Digital platform workers (like Uber drivers, food delivery riders)
  • Some road transport contractors

If you’re a regulated worker, you get additional protections including help from the Fair Work Commission if your platform unfairly deactivates you.

Enhanced Unfair Contract Protections

The Fair Work Commission can now help contractors challenge unfair contract terms that relate to workplace relations matters like:

  • Hours of work
  • Pay rates
  • Leave entitlements (if they exist in your contract)
  • Termination conditions

To be eligible, you need to earn less than the contractor high income threshold and your contract must have been made on or after 26 August 2024.

How to Know if You’re Being Misclassified

Think you might actually be an employee rather than a genuine contractor? Here are the warning signs:

  • Your client controls how, when, and where you work
  • You work set hours dictated by them
  • You can’t send someone else to do the work
  • You’re paid by the hour rather than for completing specific tasks
  • You use their equipment and work from their premises
  • You’re integrated into their business operations
  • They provide training like they do for employees
  • You only work for this one client

If several of these apply, you might be in a sham contracting arrangement and could be entitled to employee benefits.

What About International Contractors?

If you’re a temporary resident working in Australia (backpacker, student, temporary skilled worker), you’re generally still entitled to super contributions if the work meets the criteria. The same contractor vs employee rules apply regardless of your visa status.

For Australian contractors working overseas, the rules get more complex depending on tax treaties and bilateral agreements. If you’re regularly working internationally, it’s worth getting specific advice.

Challenging Unfair Contract Terms: How It Works

Since August 2024, contractors can apply to the Fair Work Commission if they believe a contract term is unfair. The Commission will consider:

  • Whether there’s a significant power imbalance between you and the business
  • Whether the term is reasonably necessary to protect legitimate business interests
  • Whether the term would cause detriment to you

You can only challenge terms that would relate to workplace relations matters if you were an employee (like pay, hours, or working conditions).

When to Get Help

If you think you’re being misclassified as a contractor when you’re really an employee, or if you believe your contract terms are unfair, there are places to get help:

  • Fair Work Ombudsman (13 13 94) for general advice and sham contracting issues
  • Fair Work Commission for unfair contract term applications (since August 2024)
  • ATO for super guarantee entitlement questions
  • Legal advice for complex situations

Your Rights Moving Forward

The 2024 changes represent a significant shift toward better protection for contractors, especially those in potentially vulnerable situations. While you still won’t get traditional employee benefits unless you negotiate them, you now have:

  • Better protection against truly unfair contract terms
  • Clearer pathways to challenge misclassification
  • Enhanced rights if you’re a regulated worker
  • Stronger protections against sham contracting

The Bottom Line

Being an independent contractor in Australia means taking on more risk and responsibility, but it also means having more control over your work and potentially higher earnings. The 2024 changes have strengthened your position without undermining the fundamental contractor model.

The key is understanding your rights, recognising when you might be misclassified, and knowing where to get help when you need it.

Remember: your working relationship should genuinely reflect contracting, not just be labelled that way. If it walks like employment and talks like employment, it probably is employment – regardless of what your contract says.

Need Advice on Your Situation?

Whether you’re questioning your contractor classification or want to understand how the 2024 changes affect you, getting proper advice can save you time, money, and stress down the track.

Get in touch to discuss your specific circumstances. I work with contractors across various industries and can help you understand your rights and obligations.

Remember: This information is general in nature and doesn’t replace personal advice. Every situation is different, so always get professional advice for your specific circumstances.

Advice Business

Do I have to pay Super to a Contractor? Your Business Owner’s Guide

Quick Summary for Business Owners

  • Australian businesses must pay superannuation guarantee (SG) contributions to independent contractors who are paid mainly for their labour (more than 50% of contract value), where payment is for personal labour and skills rather than specific outcomes, and where the work cannot be delegated. 
  • Having an ABN doesn’t automatically exempt contractors from super entitlements. 
  • Sham contracting (misrepresenting employment as contracting) carries severe penalties including back-payments with interest and ATO penalties.

If you are trying to work out super obligations for a contractor, the answer isn’t as simple as you’re hoping. Sometimes yes, sometimes no, and the devil (as always) is in the details. But don’t worry – I’m here to break it down in plain English so you can sleep soundly knowing you’re doing the right thing by your contractors and keeping on the good side of the ATO.

The Quick Answer (For Those in a Rush)

If your contractor is working mainly for their labour and you’re essentially treating them like an employee in all but name, then yes – you’ll likely need to pay super. But if you’re genuinely contracting for a specific outcome or result, then probably not.

Still with me? Good, because there’s a bit to unpack here.

Let’s Start with Definitions (Without the Jargon)

Before we dive deeper, let’s get clear on what we’re actually talking about:

Employee: Someone who works for you under your direction and control. You tell them how, when, and where to do their job. They’re integrated into your business and usually work set hours.

Independent Contractor: Someone who runs their own business and provides services to you. They control how they do the work, use their own tools, and can delegate tasks to others.

Subcontracting through an agency: When you contract with a company or agency, and they send one of their workers to do the job. You’re dealing with the agency, not the individual worker.

When Contractors Become “Employees” for Super Purposes

Here’s where it gets interesting (and where a lot of business owners get caught out). The ATO has specific rules about when independent contractors are actually considered employees for superannuation purposes.

You’ll need to pay super if your contractor ticks all three of these boxes:

  1. The contract is mainly for their labour – More than half the value of what you’re paying is for their time and skills, not materials or equipment
  2. You’re paying for their personal labour and skills – The payment isn’t dependent on them achieving a specific result
  3. They must do the work themselves – They can’t delegate it to someone else

Let me give you a real-world example that might sound familiar:

Case Study: Sarah’s Speech Therapy Practice

Sarah runs a busy speech therapy practice and contracts Emma, a freelance admin assistant, to handle reception duties for 20 hours per week. Emma has an ABN and sends invoices, but she must be there personally to answer calls and greet clients during set hours.

Even though Emma has an ABN and calls herself a contractor, she’s actually an employee for super purposes because:

  • The contract is 100% for her labour (no materials or equipment involved)
  • She’s paid for her time, not for achieving a specific outcome
  • Sarah requires Emma to do the work personally

Result? Sarah needs to pay super contributions for Emma, just like any other employee.

Compare That to This Scenario:

Sarah also contracts Mike’s Maintenance Services to repaint her clinic. Mike (a sole trader) quotes a fixed price for the job and completes it over two weekends.

Even though Mike is a sole trader doing the work himself, he’s a genuine contractor because:

  • Sarah is paying for a specific result (freshly painted walls)
  • The contract includes both labour and materials
  • Mike controls when and how he does the work

Result? No super obligations for Sarah.

The Company/Trust/Partnership Exception

Here’s a handy rule that might save you some headaches: if you contract with a company, trust, or partnership (rather than an individual), you generally don’t have super obligations for the people they send to do the work.

For example, if you hire “ABC Cleaning Services Pty Ltd” and they send John to clean your offices, you don’t need to pay super for John. That’s ABC Cleaning Services’ responsibility for their subcontractors.

Understanding Outsourcing and Subcontracting

Let’s clear up some confusion around these terms, because they often get mixed up.

Outsourcing is when you engage someone outside your business to handle tasks or functions for you. This can take different forms:

Business Outsourcing: Handing over an entire business function to another company. Think hiring a payroll company to handle all your payroll, or a marketing agency to completely manage your social media presence. You’re buying the outcome, not the labour.

Subcontracting: This is actually a type of outsourcing where you bring in someone to work on specific tasks, often alongside your team and sometimes under your direction. This is where you’re more likely to run into super obligations.

The key difference isn’t the label you use – it’s about the level of control and integration.

The Practical Stuff: What You Need to Do

If you determine your contractor is actually an employee for super purposes, here’s your to-do list:

  1. Pay the Superannuation Guarantee – 12% from 1 July 2025
  2. Calculate it on the labour component only – Don’t include materials, equipment, or GST
  3. Offer choice of fund – Give them 28 days to choose their super fund
  4. Pay quarterly – Don’t wait until year-end

And here’s what doesn’t count: just adding an extra amount to their pay and calling it “super.” You actually need to make contributions to a super fund.

Red Flags That Scream “This is Really an Employee”

Watch out for these warning signs that your “contractor” might actually be an employee for super purposes:

  • They work set hours that you dictate
  • They use your equipment and work from your premises
  • You control how they do their work
  • They can’t send someone else to do the job
  • They’re paid by the hour rather than for completing a specific task
  • They’re integrated into your business operations
  • They only work for you (no other clients)

Beware of Sham Contracting

Here’s something that gets businesses into serious hot water: sham contracting. This happens when you tell someone they’re a contractor when they’re actually working as an employee. It’s illegal, and the penalties are severe.

If you’re found to be sham contracting, you could face:

  • Back-payment of super contributions with interest
  • Penalties from the ATO
  • Claims for unpaid employee entitlements
  • Significant legal costs

The best protection? Make sure your working arrangements genuinely reflect a contracting relationship, not just the paperwork.

International Workers: What You Need to Know

If you’re working with international contractors or have staff working overseas, there are specific super rules:

International Workers in Australia: You’re still required to pay super guarantee contributions for temporary residents, including backpackers, temporary skilled workers, and international students. The same contractor vs employee rules apply.

Australian Employees Working Overseas: If you send Australian employees to work temporarily overseas, you still need to pay their super contributions in Australia. You may be able to apply for a “certificate of coverage” to avoid paying super in both countries.

Exemptions: Non-resident employees working outside Australia, some foreign executives with specific visas, and workers covered by bilateral super agreements may be exempt.

Getting It Right for NDIS and Allied Health Businesses

If you’re in the NDIS or allied health space, this stuff gets even more important. Common scenarios I see:

  • Contracting sessional therapists for specific client work (often genuine contractors)
  • Hiring admin support that works set hours (usually employees for super purposes)
  • Bringing in locum professionals to cover leave (depends on the specific arrangement)

The reality is that the line between contractor and employee has become more blurred with recent legislative changes.

The Bottom Line

Having an ABN doesn’t automatically make someone a contractor for super purposes. It’s all about the nature of the relationship and how the work is structured.

When you’re genuinely contracting for specific outcomes or results, you’re usually in the clear. But when you’re essentially hiring someone to work as part of your team under your direction, super obligations likely apply – regardless of what you call them.

The key is being honest about the real nature of the working relationship, not just the label you put on it.

Need Help Sorting This Out?

If you’re reading this thinking “I’m not 100% sure about my contractors,” don’t stress. That’s exactly what I’m here for. As someone who’s helped countless businesses navigate these tricky waters (especially in the NDIS and allied health sectors), I can help you figure out where you stand and put proper systems in place.

Get in touch for a chat about your specific situation. Trust me, it’s much better to sort this out proactively than to deal with it during an audit!

Remember: This information is general in nature and doesn’t replace personal advice. Every situation is different, so always get professional advice for your specific circumstances.