10Casuals not employed for trade or business

10 Casuals not employed for trade or business (1) In this Act, worker does not include an individual (the casual employee) employed by someone (the principal) on a casual basis to perform work for the principal other than work that is for (or incidental to) the principal’s trade or business unless the casual employee is taken to be a worker under any of the following provisions: (a) subsection (2) (which deals with casual employment found through employment agencies);

(b) section 11 (Regular contractors and casuals); (c) section 17 (Religious workers). (2) If the casual employee’s employment was found for the employee by a person who carries on the business of an employment agent, for this Act the casual employee is taken to be a worker employed by the employment agent. Examples of casual employees who are not workers 1 A gardener irregularly employed by the occupier of residential premises to work in the garden of the premises (unless engaged through an employment agent—see example 4). 2 A babysitter irregularly employed by the parents of young children (unless engaged through an employment agent—see example 4). Examples of casual employees who are workers 3 A gardener regularly employed by the owner of a business to work on the grounds of the premises where the employer’s business is carried on. The gardener is taken to be a worker employed to perform work incidental to the principal’s business (see s (1)). 4 A babysitter irregularly employed by the parents of young children who is engaged through an employment agent. The babysitter is taken to be a worker employed by the agent rather than the parents (see s (1) (a) and s (2)). 5 A babysitter regularly and systematically employed (for example, once a week over a 6 month period) by the parents of young children. The babysitter is taken to be a worker employed by the parents under s 11 (Regular contractors and casuals)—see s (1) (b).