(1) In this Act, "worker "does not include an individual (the casual employee ) employed by someone (the principal ) on a casual basis to perform work for the principal other than work that is for (or incidental to) the principal's trade or business unless the casual employee is taken to be a worker under any of the following provisions:
(a) subsection (2) (which deals with casual employment found through employment agencies);
(b) section 11 (Regular contractors and casuals);
(c) section 17 (Religious workers).
(2) If the casual employee's employment was found for the employee by a person who carries on the business of an employment agent, for this Act the casual employee is taken to be a worker employed by the employment agent.
Examples of casual employees who are not workers
1 A gardener irregularly employed by the occupier of residential premises to work in the garden of the premises (unless engaged through an employment agent—see example 4).
2 A babysitter irregularly employed by the parents of young children (unless engaged through an employment agent—see example 4).
Examples of casual employees who are workers
3 A gardener regularly employed by the owner of a business to work on the grounds of the premises where the employer's business is carried on. The gardener is taken to be a worker employed to perform work incidental to the principal's business (see s (1)).
4 A babysitter irregularly employed by the parents
of young children who is engaged through an employment agent. The babysitter
is taken to be a worker employed by the agent rather than the parents (see s
(1) (a) and
s (2)).
5 A babysitter regularly and systematically employed (for example, once a week over a 6 month period) by the parents of young children. The babysitter is taken to be a worker employed by the parents under s 11 (Regular contractors and casuals)—see s (1) (b).