Who is a worker?
8 Who is a worker?
In this Act (subject to this chapter):
worker means an individual who—
works under a contract of service, whether the contract is express or implied, oral or written; or
works under a contract, or at piecework rates, for labour only or substantially for labour only; or
works for another person under a contract (whether or not a contract of service) unless—
the individual—
is paid to achieve a stated outcome; and
has to supply the plant and equipment or tools of trade needed to carry out the work; and
is, or would be, liable for the cost of rectifying any defect in the work carried out; or
a personal services business determination is in effect for the person carrying out the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60.
A reference in this Act to a worker after the date of an injury includes a reference to a former worker.
The Minister may determine categories of workers for the following provisions:
section 155 (7), definition of employer’s estimate, paragraphs (a) and (b) (Information for licensed insurers on application for issue or renewal of policies);
section 190 (1) (b) (Provision of information to inspectors).
A determination is a notifiable instrument.
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