16Jockeys to be taken to be workers

16 Jockeys to be taken to be workers

(1)  In this section –

racing licence means a licence or other authority authorising a person to ride horses in races or official trials;

relevant activity means training a horse, or engaging in associated activities, in preparation for riding a horse for fee or reward;

Tasracing means Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 .

(2)  A jockey or apprentice is to be taken to be, for the purposes of this Act, a worker employed by Tasracing while performing a relevant activity during a period in which he or she holds a racing licence, if he or she was, at the beginning and end of that period –

(a) engaged to ride a horse for fee or reward at a race meeting or official trial held in Tasmania; or

(b) engaged to ride a thoroughbred horse in a training session in Tasmania conducted by a person authorised under a law of this State to train horses for racing.

(3)  For the purposes of determining any compensation payable to or in respect of a person to whom subsection (2) applies –

(a) the person is to be taken to have been continuously employed by Tasracing for the period during which he or she has continuously held a racing licence; and

(b) any earnings from riding engagements in another State during the 12 months immediately before the period of his or her application for compensation, or during the period for which he or she held a racing licence, are to be taken to be earnings received in the employment of Tasracing.

(4)  Despite any other provision of this Act, the normal weekly earnings of a person to whom subsection (2) applies are not to be more than 2 times the basic salary.