Definitions of employee and employer
15A Definitions of employee and employer
Subject to this section, in this Act, employee and employer have their ordinary meaning. However, for the purposes of this Act, subsections (2) to (10):
expand the meaning of those terms; and
make particular provision to avoid doubt as to the status of certain persons.
A person who is entitled to payment for the performance of duties as a member of the executive body (whether described as the board of directors or otherwise) of a body corporate is, in relation to those duties, an employee of the body corporate.
If a person works under a contract that is wholly or principally for the labour of the person, the person is an employee of the other party to the contract.
A member of the Parliament of the Commonwealth is an employee of the Commonwealth.
A member of the Parliament of a State is an employee of the State.
A member of the Legislative Assembly for the Australian Capital Territory is an employee of the Australian Capital Territory.
A member of the Legislative Assembly of the Northern Territory is an employee of the Northern Territory.
For the purposes of this Act:
a person who is paid to perform or present, or to participate in the performance or presentation of, any music, play, dance, entertainment, sport, display or promotional activity or any similar activity involving the exercise of intellectual, artistic, musical, physical or other personal skills is an employee of the person liable to make the payment; and
a person who is paid to provide services in connection with an activity referred to in paragraph (a) is an employee of the person liable to make the payment; and
a person who is paid to perform services in, or in connection with, the making of any film, tape or disc or of any television or radio broadcast is an employee of the person liable to make the payment.
Subject to subsection (10), a person who:
holds, or performs the duties of, an appointment, office or position under the Constitution or under a law of the Commonwealth, of a State or of a Territory; or
is otherwise in the service of the Commonwealth, of a State or of a Territory (including service as a member of the Defence Force or as a member of a police force);
is an employee of the Commonwealth, the State or the Territory, as the case requires.
A person who holds office as a member of a local government council is an employee of the council.
This Act’s bill:Second reading speech
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