sec.10What is employment

sec.10 What is employment

For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly. Also, for this section, the nature of the work is immaterial. This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student. s 10 prev s 10 (prev s 9) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 10 (prev s 161) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 32 (sec.10-ssec.1) For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. (sec.10-ssec.2) It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly. (sec.10-ssec.3) Also, for this section, the nature of the work is immaterial. (sec.10-ssec.4) This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.

• (a) whether the agreement is written or unwritten; and
• (b) whether the work is carried out voluntarily or for financial reward; and
• (c) what a person’s motivation is for carrying out the work; and
• (d) the time for which the person is engaged to carry out the work; and