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Workplace Injury Management and Workers Compensation Act 1998
Schedule 1Deemed employment of workers
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# Schedule 1 Deemed employment of workers
Schedule 1 Deemed employment of workers
(Section 5)
Editorial note.
Section 4 provides that, in the Workers Compensation Acts—
worker means a person who has entered into or works under a contract of service or a training contract with an employer (whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, and whether the contract is oral or in writing). However, it does not include—
> (a) a member of the NSW Police Force who is a contributor to the Police Superannuation Fund under the [Police Regulation (Superannuation) Act 1906](/view/html/inforce/current/act-1906-028), or
> (b) a person whose employment is casual (that is for 1 period only of not more than 5 working days) and who is employed otherwise than for the purposes of the employer’s trade or business, or
> (c) an officer of a religious or other voluntary association who is employed upon duties for the association outside the officer’s ordinary working hours, so far as the employment on those duties is concerned, if the officer’s remuneration from the association does not exceed $700 per year, or
> (d) except as provided by Schedule 1, a registered participant of a sporting organisation (within the meaning of the [Sporting Injuries Insurance Act 1978](/view/html/inforce/current/act-1978-141)) while—
>
> > (i) participating in an authorised activity (within the meaning of that Act) of that organisation, or
>
> > (ii) engaged in training or preparing himself or herself with a view to so participating, or
>
> > (iii) engaged on any daily or periodic journey or other journey in connection with the registered participant so participating or the registered participant being so engaged,
>
> if, under the contract pursuant to which the registered participant does any of the things referred to above in this paragraph, the registered participant is not entitled to remuneration other than for the doing of those things.
Section 5 provides that the provisions of this Schedule (which deem certain classes of persons to be workers) have effect.
**sch 1:** Am 2001 No 61, Sch 6.2 \[51\] \[52\]; 2001 No 107, Sch 7.13 \[2\]–\[4\]; 2003 No 97, Sch 2 \[3\]; 2005 No 113, Sch 2.1 \[1\]–\[4\]; 2009 No 106, Sch 5.26; 2018 No 59, Schs 5.1, 5.7; 2018 No 68, Sch 2.35 \[1\]–\[3\].