Workers’ Compensation and Rehabilitation Act 2003

1 A person is not a worker if the person performs work under a contract of service with—

a corporation of which the person is a director; or

a trust of which the person is a trustee; or

a partnership of which the person is a member; or

the Commonwealth or a Commonwealth authority.

2 A person who performs work under a contract of service as a professional sportsperson is not a worker while the person is—

participating in a sporting or athletic activity as a contestant; or

training or preparing for participation in a sporting or athletic activity as a contestant; or

performing promotional activities offered to the person because of the person’s standing as a sportsperson; or

engaging on any daily or other periodic journey in connection with the participation, training, preparation or performance.

3 A member of the crew of a fishing ship is not a worker if—

the member’s entitlement to remuneration is contingent upon the working of the ship producing gross earnings or profits; and

the remuneration is wholly or mainly a share of the gross earnings or profits.

4 A person who, in performing work under a contract, other than a contract of service, supplies and uses a motor vehicle for driving tuition is not a worker.

5 A person participating in an approved program or work for unemployment payment under the Social Security Act 1991 (Cwlth), section 601 or 606 is not a worker.

6 A person is not a worker if—

the person works for another person under a contract; and

a personal services business determination is in effect for the person performing the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60.