14Trainees

14 Trainees (1) For this Act, an individual is taken to be a worker employed by a person (the principal) if— (a) the individual is engaged under an arrangement (whether or not under contract) by which training or on-the-job experience is provided to the individual; and (b) the training or experience is in relation to work that is for (or incidental to) the principal’s trade or business; and

(c) the individual performs work that is for (or incidental to) the principal’s trade or business while so engaged; and (d) if the principal is a corporation—the individual is not an (2) An individual may be taken to be a worker under subsection (1) even if the individual receives no payment for the engagement. (3) However, an individual is taken not to be a worker employed by the (a) the engagement of the individual by the principal is arranged by an educational institution where the individual is enrolled; and (b) the engagement is part of a work experience program (however described) run by the educational institution. Example of work experience program work placement program (4) An individual is also taken not to be a worker employed by the (a) the individual is an adult with a disability; and (b) the engagement of the individual by the principal is arranged by a specialist disability employment service provider; and (c) the engagement is part of a work experience program (however described) organised by the provider to help adults with disabilities to work. Example of work experience program work placement program adult with a disability means a person who— (a) is 16 years old or older; and (b) has a physical, intellectual or psychiatric disability; and

(c) is likely to suffer from the disability permanently or for an extended period. educational institution means— (a) a school, college or other educational institution established or maintained on behalf of the Territory; or (b) a non-government school under the Education Act 2004; or (c) an educational institution established under a territory law or a law of the Commonwealth or a State. specialist disability employment service provider means an organisation (whether or not the organisation is incorporated) that— (a) provides employment services for people with disabilities; and (b) is not carried on for the financial benefit of the organisation’s members.