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Workers' Compensation and Rehabilitation Act 2003
sec.11Who is a worker
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### sec.11 Who is a worker
A worker is—
a person who—
works under a contract; and
in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or
a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if—
a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and
the person is prescribed by regulation to be a worker.
Also, schedule 2 , part 1 sets out who is a worker in particular circumstances.
However, schedule 2 , part 2 sets out who is not a worker in particular circumstances.
Only an individual can be a worker for this Act.
s 11 sub 2004 No. 45 s 4
amd 2013 No. 29 s 71 ; 2024 No. 40 s 24
(sec.11-ssec.1) A worker is— a person who— works under a contract; and in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if— a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and the person is prescribed by regulation to be a worker.
(sec.11-ssec.2) Also, schedule 2 , part 1 sets out who is a worker in particular circumstances.
(sec.11-ssec.3) However, schedule 2 , part 2 sets out who is not a worker in particular circumstances.
(sec.11-ssec.4) Only an individual can be a worker for this Act.
- (a) a person who— (i) works under a contract; and (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or
- (i) works under a contract; and
- (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or
- (b) a person who is a regulated worker under the Fair Work Act 2009 (Cwlth) if— (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and (ii) the person is prescribed by regulation to be a worker.
- (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and
- (ii) the person is prescribed by regulation to be a worker.
- (i) works under a contract; and
- (ii) in relation to the work, is an employee for the purpose of assessment of PAYG withholding under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , chapter 2 , part 2 -5; or
- (i) a minimum standards order, minimum standards guideline or collective agreement applies to, or covers, the person under chapter 3A of that Act; and
- (ii) the person is prescribed by regulation to be a worker.