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Hiring an Au Pair, Do I need to register as an employer?

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Newbie

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Hi,

My husband and I are looking into hiring an Au Pair. We have heard that depending on your circumstances this may be classified as either a "cultural exchange" or as an "employee/employer"situation that requires you to register as an employer. I don't know what we would be considered, Help?

 

Because my husband is Dutch and I am Australian I have been talking to a Dutch Au Pair as I would like to increase the Dutch spoken around our Kids. I am a stay at home mum of two young children (2 year old and 4 year old). I am doing an online course and hoping to get some extra time to do my studies. My husband works 5 days a week at the local university. I would like to Hire an Au Pair for  12 months, for most of that time I am only looking to have help for at most 20 hrs a week to get a few hours study and to help entertain the kids so I can get on top of cleaning chores around the house. Over the next year I will need to do some work placement as part of my study, I am flexibile when I can do this and will spread out the this out so that at most I may require an extra 5-10 hrs help a week for 3-4 months of the year. She will have every weekend free and one week day every week and we are very flexible about working around the Au Pair, and if she wants to travel and explore Australia during her stay that isn't a problem as I am a stay at home mum. My mum lives near us and can look after the children while I do my work placement if needed but I like having the flexibility of having two people to assist in the event illness. Her duties will mostly be helping me look after the kids and helping with some light housework, but otherwise we are hoping she will feel like she is a welcome member of the family and join us on weekends and outings.

 

Does this constitute an employer/employee relationship or a cultural exchange. If It is an Employer/employee relationship do I need to register to hire as an employer to hire an Au Pair on a Working Holiday Visa?

 

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Hi @AbbiM,

 

Thanks for your question!

 

Several community members have asked similar questions that you may find helpful, you can see our responses here and here.

 

We can only provide you with general guidance so we cannot make a determination for you. You will have to decide this yourself based on the arrangement that you will have with your Au Pair.

 

Generally speaking, if your Au Pair is treated as an employee then you will need to register as an employer and obtain a WPN.

 

If your Au Pair is treated as a member of your family as part of a cultural exchange, then it may not be necessary to register as an employer.

 

Hope this helps,

 

Rachael B.

2 REPLIES 2
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Most helpful response

ATO Certified Response

Community Support

Replies 1

Hi @AbbiM,

 

Thanks for your question!

 

Several community members have asked similar questions that you may find helpful, you can see our responses here and here.

 

We can only provide you with general guidance so we cannot make a determination for you. You will have to decide this yourself based on the arrangement that you will have with your Au Pair.

 

Generally speaking, if your Au Pair is treated as an employee then you will need to register as an employer and obtain a WPN.

 

If your Au Pair is treated as a member of your family as part of a cultural exchange, then it may not be necessary to register as an employer.

 

Hope this helps,

 

Rachael B.

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Newbie

Replies 0

Thankyou yes that help a lot Smiley Happy