Western Australian Current Acts Western Australian Current Acts (1) In this section
—
company means a company as defined in section 5(1)
other than a public company as that term is defined in the Corporations Act
2001 of the Commonwealth;
corporate body has the same meaning as company in
section 5(1);
director has the meaning given to that term in the
Corporations Act 2001 of the Commonwealth;
earnings means wages, salary and other
remuneration;
working director , in relation to a company, means
a director of the company, whether or not the director would be a worker if
this section did not apply —
(a) who
executes work for or on behalf of the company; and
(b)
whose earnings as a director of the company by whatever means are in substance
for personal manual labour or services.
(2) Despite anything
in section 5, a director of a corporate body is not a worker of that corporate
body for the purposes of this Act unless and to the extent that this section
makes the director a worker.
(3) A company may
apply to an approved insurance office under section 160(2) on the basis that a
working director of the company is a worker.
(4) If a company
complies with section 160 in respect of a working director of the company on
the basis that the director is a worker, then, for the purposes of this Act
other than section 174(1AA) —
(a) the
director is a worker; and
(b) the
company is the employer of the director.
(5) Subsection (4)
ceases to apply if the circumstances described in subsection (7) arise.
(6) If a company that
is an employer is, or is one of a group of employers that is, exempt under
section 164, then, for the purposes of this Act —
(a) a
director of the company who is a working director is a worker; and
(b) the
company is the employer of the director.
(7) If a company
(other than a company that is, or is one of a group of employers that is,
exempt under section 164) does not comply with section 160 on the basis that a
working director of the company is a worker, then, for the purposes of this
Act, the working director is not a worker.
(8) Subsection (7)
does not prevent the company from applying as described in subsection (3), and
subsection (7) ceases to apply if the circumstances described in subsection
(4) arise.
[Section 10A inserted: No. 16 of 2005 s. 9(1);
amended: No. 31 of 2011 s. 81.]