Australian Capital Territory Current Acts

WORKERS COMPENSATION ACT 1951 - SECT 14

    (1)     For this Act, an individual is taken to be a worker "employed by a person (the " principal ) if—

        (a)     the individual is engaged under an arrangement (whether or not under contract) by which training or on-the-job experience is provided to the individual; and

        (b)     the training or experience is in relation to work that is for (or incidental to) the principal's trade or business; and

        (c)     the individual performs work that is for (or incidental to) the principal's trade or business while so engaged; and

        (d)     if the principal is a corporation—the individual is not an executive officer of the corporation.

    (2)     An individual may be taken to be a worker under subsection (1) even if the individual receives no payment for the engagement.

    (3)     However, an individual is taken not to be a worker employed by the principal if—

        (a)     the engagement of the individual by the principal is arranged by an educational institution where the individual is enrolled; and

        (b)     the engagement is part of a work experience program (however described) run by the educational institution.

Example of work experience program

work placement program

    (4)     An individual is also taken not to be a worker employed by the principal if—

        (a)     the individual is an adult with a disability; and

        (b)     the engagement of the individual by the principal is arranged by a specialist disability employment service provider; and

        (c)     the engagement is part of a work experience program (however described) organised by the provider to help adults with disabilities to work.

Example of work experience program

work placement program

    (5)     In this section:

"adult with a disability "means a person who—

        (a)     is 16 years old or older; and

        (b)     has a physical, intellectual or psychiatric disability; and

        (c)     is likely to suffer from the disability permanently or for an extended period.

"educational institution" means—

        (a)     a school, college or other educational institution established or maintained on behalf of the Territory; or

        (b)     a non-government school under the Education Act 2004

; or

        (c)     an educational institution established under a territory law or a law of the Commonwealth or a State.

"specialist disability employment service provider" means an organisation (whether or not the organisation is incorporated) that—

        (a)     provides employment services for people with disabilities; and

        (b)     is not carried on for the financial benefit of the organisation's members.