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Some accountants have, although it seems to have been ignored. Oh well...

If they are contracting through a trust, it's treated the same as a Pty Ltd. See post 68.

True, but that would be the responsibility of the contractor (the one hired by you) That may be a part of it, but I think it's more to do with collecting tax revenue, workcover, payroll tax etc. Employees are more limited in what they can and can't claim against their income,compared to true...

I've been playing with the employee contractor decision tool and the decision seems to hinge on whether the contractor/employee has the right to engage someone else to do the work for them. They can be paid for activity (rather than hours worked) provide their own tools and be responsible for...

That's from the ATO website, and the employee/contractor decision tool. I also spoke to someone from the ATO, and they confirmed this. That's only for superannuation and withholding of tax. As others have pointed out, workcover and payroll tax have different definitions.

If you make a contract with a company, trust or partnership, this is deemed to be a genuine contract situation and no superannuation needs to be paid. Super is only payable (maybe) if the contract is with an individual, and they can't sub-contract the work.