5Meaning of “worker”

5 Meaning of “worker”

5 Meaning of “worker”

(1) In this Act, worker means a person who—

(a) is engaged, on a full-time, part-time or casual basis, by an employer to do community service work as an employee, or

(b) does community service work for another person for fee or reward on the person’s own account, and is not an employee (a contractor), or

(c) is in a class prescribed by the regulations.

Note—

Under section 7, the Minister may declare a person to be a worker, employee or contractor.

(2) In this Act, worker does not include the following—

(a) a person doing community service work under—

(i) a contract of service with a partnership if the person is a partner and participates in the management of the partnership or shares the profits, or

(ii) a contract of service with the Commonwealth, the State or a local government authority, or

(iii) a contract, whether or not a contract of service, with a corporation of which the person is a director, or

(iv) a contract, whether or not a contract of service, with a trust of which the person is a trustee,

(b) a person who is excluded by the regulations.