Table 3.2a: Summary of coverage | Safe Work Australia

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	Coverage of employees	Coverage of independent contractors	Coverage of labour hire workers
New South Wales	‘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 member of the NSW Police Force who is a contributor to the Police Superannuation Fund under the Police Regulation (Superannuation) Act 1906, or 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 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 except as provided by Schedule 1, a registered participant of a sporting organisation (within the meaning of the Sporting Injuries Insurance Act 1978 while: participating in an authorised activity (within the meaning of that Act) of that organisation, or engaged in training or preparing himself or herself with a view to so participating, or 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.’ s4, Workers Compensation Act 1998 The legislation also identifies various factual situations when a person will be deemed to be a ‘worker’ (see s5 and Schedule 1, 1998 Act).	Not unless contractor is a deemed worker pursuant to Schedule 1, 1998 Act.	Yes, labour hire firm held to be employer. Schedule 1, clause 2A, 1998 Act.
Victoria	“worker” means an individual — who: performs work for an employer; or agrees with an employer to perform work – at the employer’s direction, instruction or request, whether under a contract of employment (whether express, implied, oral or in writing) or otherwise; or who is deemed to be a worker under the Workplace Injury Rehabilitation and Compensation Act 2013 — s3.	Not unless the contractor is a deemed worker pursuant to clause 9 of Schedule 1.	Yes, labour hire firm held to be employer (definition of ‘worker’ in s3.
Queensland	A worker is a person who works under a contract and, in relation to the work, is an employee for the purpose of assessment for PAYG withholding — s11 (Workers’ Compensation and Rehabilitation Act 2003).	No, unless determined an employee using the ATO Decision Tool.	Yes, labour hire firm held to be employer.
Western Australia	Any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work, or otherwise and whether the contract is expressed or implied, is oral or in writing. The meaning of worker also includes: any person to whose service any industrial award or industrial agreement applies, and any person engaged by another person to work for the purpose of the other person’s trade or business under a contract with him for service, the remuneration by whatever means of the person so working being in substance for his personal manual labour or services — Workers’ Compensation and Injury Management Act 1981 – s5(1).	No, unless employed under contract for service and remunerated in substance for personal manual labour or service.	Yes, labour hire firm held to be employer.
South Australia	A ‘worker’ means a person by whom work is done under a contract of service (whether or not as an employee) a person who is a worker by virtue of — Schedule 1 Return to Work Act 2014 a self-employed worker (subject to s175 or Reg 5) and includes a former worker and the legal personal representative of a deceased worker — s4(1).	Yes, if covered by definitions in s4: ‘Worker’ which includes a person by whom work is done under a contract of service (whether or not as an employee). ‘Contract of service’ which includes if person undertakes prescribed work or work of a prescribed class. See also Reg 5 and s4(7).	Yes. If the individual’s contract is with the Labour Hire business, they are the employer.
Tasmania	A ‘worker’ means any person who has entered into, or works under, a contract of service or training contract with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is express or implied, or is oral or in writing; and any person or class of persons taken to be a worker for the purposes of the Workers Rehabilitation and Compensation Act 1988 — and, when used in relation to a person who has been injured and is dead, the legal personal representatives or dependants of that person or other person to whom or for whose benefit compensation is payable — s3(1). The Act does not apply to any person — whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer’s trade or business; or who is an outworker; or who is a domestic servant in a private family, and has not completed 48 hours’ employment with the same employer at the time when he suffers injury; or who is a member of the crew of a fishing boat, and is remunerated wholly or mainly by a share in the profits or gross earnings of that boat; or (da) who is employed by or on behalf of the Crown in right of the Commonwealth or by a person, or body, that is licensed, or taken to be licensed, under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth; or notwithstanding s4D, who is participating in an approved program of work for unemployment payment under the Social Security Act 1991 of the Commonwealth – and no such person shall be deemed to be a worker within the meaning of this Act. – s4(5).	Persons engaged under a contract for services are not covered unless the contract is for work exceeding $100 that is not incidental to a trade or business regularly carried out by the contractor. A contractor is not covered during any period for which they have personal accident insurance — s4B.	Labour hire workers are generally covered with the labour hire company taken to be the employer.
Northern Territory	A worker is an individual who works under a contract and, in relation to the contract, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 (s3B) of the Return to Work Act 1986).	No, unless determined an employee using the ATO Decision Tool.	Yes, all individuals who work for a labour hire organisation are workers under the Return to Work Act 1986.
Australian Capital Territory	Individual who has entered into or works under a contract of service with an employer, whether the contract is expressed or implied, oral or written — Workers Compensation Act 1951 s8(1)(a), workers for labour only or substantially labour only s8(1)(b), or works for another person under contract unless they are paid to achieve a stated outcome, and has to supply plant and equipment, and is (or would be) liable for the cost of rectifying any defective work s8(1)(i)(a–c) OR has a personal services business determination s8(1)(ii).	No, if employed under contract for services. However, there are provisions for the coverage of regular contractors.	Yes, where the individual is not an executive officer of the corporation and: the individual has been engaged by the labour hirer under a contract for services to work for someone other than the labour hirer there is no contract to perform work between the individual and person for who work is to be performed, and the individual does all or part of the work.
C’wealth Comcare	Employee — a person employed by the Commonwealth or by a Commonwealth Authority whether the person is so employed under a law of the Commonwealth or a Territory or under a contract of service or apprenticeship, or a person who is employed by a licensed corporation or ACT Government — s5 Safety, Rehabilitation and Compensation Act 1988	No, compensation only through employment of employees.	Possibly, according to the nature of the contract.
C’wealth Seacare	Employee – (a) a seafarer, as defined in the Navigation Act 2012, who is employed in any capacity on a prescribed ship, on the business of the ship; (b) a trainee; (c) a person required to attend a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship — (s4 Employees, Seafarers Rehabilitation and Compensation Act 1992).	No, compensation only through employment of employees.	Possibly, according to the nature of the contract.
C’wealth DVA	Member or former member of the Permanent Forces, Reserves, or cadets of the Australian Defence Force who has rendered service on or after 1 July 2004 — Military Rehabilitation and Compensation Act 2004 — s8. Member or former member of the Permanent Forces, Reserves, or cadets of the Australian Defence Force who has rendered service before 1 July 2004 — Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 — s5.	Only if declared a member — MRCA s8 or DRCA s5	Only if declared member — MRCA s8 or DRCA s5
New Zealand	An earner is a natural person who engages in employment for the purposes of pecuniary gain, whether or not as an employee — Accident Compensation Act 2001—s6.	Yes	Yes, labour hire firm held to be employer.