(1) A person may apply
to an arbitrator for a determination as to whether a person was, at a
particular time or during a particular period, doing work for another person
under an avoidance arrangement.
(2) In making a
determination for the purposes of this section an arbitrator must not
have regard to whether or not proceedings for an offence under
section 223 have been instituted against the person for whom the work was
done or to the outcome of those proceedings, if any.