8Who is a worker?

8 Who is a worker? (1) In this Act (subject to this chapter): worker means an individual who— (a) works under a contract of service, whether the contract is express or implied, oral or written; or (b) works under a contract, or at piecework rates, for labour only or substantially for labour only; or (c) works for another person under a contract (whether or not a contract of service) unless— (i) the individual— (A) is paid to achieve a stated outcome; and (B) has to supply the plant and equipment or tools of trade needed to carry out the work; and (C) is, or would be, liable for the cost of rectifying any defect in the work carried out; or (ii) a personal services business determination is in effect for the person carrying out the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60. (2) A reference in this Act to a worker after the date of an injury includes a reference to a former worker. (3) The Minister may determine categories of workers for the following provisions: (a) section 155 (7), definition of employer’s estimate, paragraphs (a) and (b) (Information for licensed insurers on application for issue or renewal of policies); (b) section 190 (1) (b) (Provision of information to inspectors).

(4) A determination is a notifiable instrument.