Workers’ Compensation and Rehabilitation Act 2003

1 A person who works a farm as a sharefarmer is a worker if—

the sharefarmer does not provide and use in the sharefarming operations farm machinery driven or drawn by mechanical power; and

the sharefarmer is entitled to not more than ¹/₃ of the proceeds of the sharefarming operations under the sharefarming agreement with the owner of the farm.

2 A salesperson, canvasser, collector or other person (salesperson) paid entirely or partly by commission is a worker, if the commission is not received for or in connection with work incident to a trade or business regularly carried on by the salesperson, individually or by way of a partnership.

3 A contractor, other than a contractor mentioned in part 2, section 4 of this schedule, is a worker if—

the contractor makes a contract with someone else for the performance of work that is not incident to a trade or business regularly carried on by the contractor, individually or by way of a partnership; and

the contractor—

does not sublet the contract; or

does not employ a worker; or

if the contractor employs a worker, performs part of the work personally.

4 A person who is party to a contract of service with another person who lends or lets on hire the person’s services to someone else is a worker.

5 A person who is party to a contract of service with a labour hire agency or a group training organisation that arranges for the person to do work for someone else under an arrangement made between the agency or organisation and the other person is a worker.

6 A person who is party to a contract of service with a holding company whose services are let on hire by the holding company to another person is a worker.

7 A person (an intern), other than a person mentioned in chapter 1, part 4, division 3, subdivision 1, 2, 3 or 4, is a worker if the person—

is performing work for a business or undertaking without payment of wages to gain practical experience in the type of work performed by the business or undertaking, or to seek to obtain a qualification; and

would be a worker if the work performed by the person were for the payment of wages.