Australian Capital Territory Numbered Acts

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WORKERS COMPENSATION AMENDMENT ACT 2009 (NO. 56 OF 2009) - SECT 5

Who is a worker?

Section 8 (1)

substitute

    (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.



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