ACTIn ForceAct
Workers Compensation Act 1951
14Trainees
Start here
Get a plain-English read of 14
Turn the raw legal text into a practical explanation grounded in Workers Compensation Act 1951.
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.