Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Who is a worker in particular circumstances

Part 1 - Persons who are workers

1 A person who works a farm as a sharefarmer is a worker if—

(a) the sharefarmer does not provide and use in the sharefarming operations farm machinery driven or drawn by mechanical power; and

(b) the sharefarmer is entitled to not more than 1 / 3 of the proceeds of the sharefarming operations under the sharefarming agreement with the owner of the farm.

2 A salesperson, canvasser, collector or other person (
"salesperson" ) paid entirely or partly by commission is a worker, if the commission is not received for or in connection with work incident to a trade or business regularly carried on by the salesperson, individually or by way of a partnership.

3 A contractor, other than a contractor mentioned in part 2 , section 4 of this schedule, is a worker if—

(a) the contractor makes a contract with someone else for the performance of work that is not incident to a trade or business regularly carried on by the contractor, individually or by way of a partnership; and

(b) the contractor—

(i) does not sublet the contract; or

(ii) does not employ a worker; or

(iii) if the contractor employs a worker, performs part of the work personally.

4 A person who is party to a contract of service with another person who lends or lets on hire the person’s services to someone else is a worker.

5 A person who is party to a contract of service with a labour hire agency or a group training organisation that arranges for the person to do work for someone else under an arrangement made between the agency or organisation and the other person is a worker.

6 A person who is party to a contract of service with a holding company whose services are let on hire by the holding company to another person is a worker.

7 A person (an
"intern" ), other than a person mentioned in chapter 1 , part 4 , division 3 , subdivision 1 , 2 , 3 or 4 , is a worker if the person—

(a) is performing work for a business or undertaking without payment of wages to gain practical experience in the type of work performed by the business or undertaking, or to seek to obtain a qualification; and

(b) would be a worker if the work performed by the person were for the payment of wages.

Part 2 - Persons who are not workers

1 A person is not a worker if the person performs work under a contract of service with—

(a) a corporation of which the person is a director; or

(b) a trust of which the person is a trustee; or

(c) a partnership of which the person is a member; or

(d) the Commonwealth or a Commonwealth authority.

2 A person who performs work under a contract of service as a professional sportsperson is not a worker while the person is—

(a) participating in a sporting or athletic activity as a contestant; or

(b) training or preparing for participation in a sporting or athletic activity as a contestant; or

(c) performing promotional activities offered to the person because of the person’s standing as a sportsperson; or

(d) engaging on any daily or other periodic journey in connection with the participation, training, preparation or performance.

3 A member of the crew of a fishing ship is not a worker if—

(a) the member’s entitlement to remuneration is contingent upon the working of the ship producing gross earnings or profits; and

(b) the remuneration is wholly or mainly a share of the gross earnings or profits.

4 A person who, in performing work under a contract, other than a contract of service, supplies and uses a motor vehicle for driving tuition is not a worker.

5 A person participating in an approved program or work for unemployment payment under the Social Security Act 1991 (Cwlth) , section 601 or 606 is not a worker.

6 A person is not a worker if—

(a) the person works for another person under a contract; and

(b) a personal services business determination is in effect for the person performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 - 60.