New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 6G

6G Employees include persons exercising functions akin to employees

(1) In this Division--

"employee" of an organisation includes an individual who is akin to an employee of the organisation.

(2) An individual is
"akin to an employee" of an organisation if the individual carries out activities as an integral part of the activities carried on by the organisation and does so for the benefit of the organisation.

(3) However, an individual is not
"akin to an employee" if--

(a) the activities are carried out for a recognisably independent business of the individual or of another person or organisation, or

(b) the activities carried on by the individual are the activities of an authorised carer carried on in the individual's capacity as an authorised carer.

(4) The regulations may, despite subsections (2) and (3), prescribe circumstances in which an individual will be akin to an employee or not akin to an employee.

(5) In this section--

"authorised carer" means a person who is an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998 other than a person who is an authorised carer only because the person is the principal officer of a designated agency.