Table 3.2b: Guidelines and information for determining coverage of workers

 Guides and information
NSWClaims Management Guide
Vic

Understand if contractors are considered workers for WorkCover insurance purposes

Understand if the people you employ are considered workers, contractors or volunteers

QldWorker determination tests
WA

Workers’ Compensation: A Guide for Employers

A Technical Note on Contractors and Workers’ Compensation

SAWho is a worker?
Tas

Workers Compensation Handbook: The Basics

A Guide to Workers Rehabilitation and Compensation in Tasmania

NT

The pay as you go (PAYG) test applied under the Australian Taxation Office (ATO) laws is used to determine who is required to be covered for workers compensation in the Northern Territory. The ATOwebsite has guidelines on how to check if your worker is an employee or contractor by reviewing the whole working arrangement.

The definition of a worker is: An individual who performs work or a service under contract and is in relation to the contract, an employee for the purpose of assessment for PAYG withholding under the ‘Tax Administration Act 1953 (Cth), Schedule 1, Parts 2-5.’

If you are a director of a company, you are only covered if your company has taken out a workers’ compensation policy with an approved insurer and your personal details and your remuneration have been disclosed to the insurer.

If the business is owned by an individual or partnership (not a company) family members who live together are only covered if their personal details and their remuneration are disclosed to the insurer.

Definition of a Worker

Employers guide to workers compensation

ACTWho is and who is not a worker? - WorkSafe ACT
C’wealth ComcareClaims and rehabilitation
C’wealth SeacareCoverage of Seafarers Act
C’wealth DVA

Coverage of the Military Rehabilitation and Compensation Act 2004 (MRCA)

Coverage of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA)

New ZealandAccident Compensation Act 2001 — s20–38