Persons who are not workers
Part 2 Persons who are not workers
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.
This Act’s bill:Explanatory memorandum
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