Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:
(a) an employee; or
(b) a contractor or subcontractor; or
(c) an employee of a contractor or subcontractor; or
(d) an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or
(e) an outworker; or
(f) an apprentice or trainee; or
(g) a student gaining work experience; or
(h) a volunteer; or
(i) a person of a prescribed class.
(2) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979 ) is:
(a) a worker; and
(b) at work throughout the time when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and
(d) an employee of the Commonwealth.
(2A) For the purposes of this Act, a member of the Defence Force is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of a member of the Defence Force, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the Commonwealth.
(2B) For the purposes of this Act, a person who is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory) is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of that office, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the Commonwealth.
(2C) For the purposes of this Act, a person who constitutes, or is acting as the person constituting, a public authority is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of that authority, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the public authority.
(2D) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a public authority is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of the public authority, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the public authority.
(2E) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a body established by or under an Act establishing a public authority for a purpose associated with the performance of the functions of the public authority is:
(a) a worker; and
(b) at work throughout the time when the person is lawfully performing the functions of the body, but not otherwise; and
(c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and
(d) an employee of the public authority.
(2F) The Minister may, by instrument in writing, declare that a person of a class specified in the declaration is, for the purposes of this Act:
(a) a worker; and
(b) at work throughout the time specified in the declaration; and
(c) carrying out work for a business or undertaking conducted by the Commonwealth, or a public authority specified in the declaration, when the person is performing functions of the kind specified in the declaration; and
(d) an employee of the Commonwealth, or a public authority specified in the declaration.
(2G) A declaration under subsection (2F) may only be made in relation to a class of persons if persons of that class engage in activities or perform acts:
(a) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by the Commonwealth, or are employees of the Commonwealth:
(i) at the request or direction of the Commonwealth; or
(ii) for the benefit of the Commonwealth; or
(iii) by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory); or
(b) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by a public authority specified in the declaration, or are employees of a public authority specified in the declaration:
(i) at the request or direction of the public authority; or
(ii) for the benefit of the public authority.
(2H) A declaration under subsection (2F) has effect according to its terms.
(3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.