Australian Capital Territory Current Acts

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Who is a worker?

    (1)     In this Act (subject to this chapter):

"worker "means an individual who—

        (a)     works under a contract of service, whether the contract is express or implied, oral or written; or

        (b)     works under a contract, or at piecework rates, for labour only or substantially for labour only; or

        (c)     works for another person under a contract (whether or not a contract of service) unless—

              (i)     the individual—

    (A)     is paid to achieve a stated outcome; and

    (B)     has to supply the plant and equipment or tools of trade needed to carry out the work; and

    (C)     is, or would be, liable for the cost of rectifying any defect in the work carried out; or

              (ii)     a personal services business determination is in effect for the person carrying out the work under the Income Tax Assessment Act 1997

(Cwlth), section 87- 60.

    (2)     A reference in this Act to a "worker" after the date of an injury includes a reference to a former worker.

    (3)     The Minister may determine categories of workers for the following provisions:

        (a)     section 155 (7), definition of employer's estimate , paragraphs (a) and (b) (Information for licensed insurers on application for issue or renewal of policies);

        (b)     section 190 (1) (b) (Provision of information to inspectors).

    (4)     A determination is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act


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