Work Health and Safety Act 2011

A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:

an employee; or

a contractor or subcontractor; or

an employee of a contractor or subcontractor; or

an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or

an outworker; or

an apprentice or trainee; or

a student gaining work experience; or

a volunteer; or

a person of a prescribed class.

For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979) is:

a worker; and

at work throughout the time when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and

carrying out work for a business or undertaking conducted by the Commonwealth when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and

an employee of the Commonwealth.

For the purposes of this Act, a member of the Defence Force is:

a worker; and

at work throughout the time when the person is lawfully performing the functions of a member of the Defence Force, but not otherwise; and

carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and

an employee of the Commonwealth.

For the purposes of this Act, a person who is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory) is:

a worker; and

at work throughout the time when the person is lawfully performing the functions of that office, but not otherwise; and

carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and

an employee of the Commonwealth.

For the purposes of this Act, a person who constitutes, or is acting as the person constituting, a public authority is:

a worker; and

at work throughout the time when the person is lawfully performing the functions of that authority, but not otherwise; and

carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and

an employee of the public authority.

For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a public authority is:

a worker; and

at work throughout the time when the person is lawfully performing the functions of the public authority, but not otherwise; and

carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and

an employee of the public authority.

For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a body established by or under an Act establishing a public authority for a purpose associated with the performance of the functions of the public authority is:

a worker; and

at work throughout the time when the person is lawfully performing the functions of the body, but not otherwise; and

carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and

an employee of the public authority.

The Minister may, by instrument in writing, declare that a person of a class specified in the declaration is, for the purposes of this Act:

a worker; and

at work throughout the time specified in the declaration; and

carrying out work for a business or undertaking conducted by the Commonwealth, or a public authority specified in the declaration, when the person is performing functions of the kind specified in the declaration; and

an employee of the Commonwealth, or a public authority specified in the declaration.

A declaration under subsection (2F) may only be made in relation to a class of persons if persons of that class engage in activities or perform acts:

where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by the Commonwealth, or are employees of the Commonwealth:

at the request or direction of the Commonwealth; or

for the benefit of the Commonwealth; or

by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory); or

where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by a public authority specified in the declaration, or are employees of a public authority specified in the declaration:

at the request or direction of the public authority; or

for the benefit of the public authority.

A declaration under subsection (2F) has effect according to its terms.

The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.