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Workers Compensation Act 1951
8Who is a worker?
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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.