Guides and information

New South Wales

Claims Management Guide:

https://www.sira.nsw.gov.au/workers-compensation-claims-guide/insurer-guidance/eligibility-compensable-injuries/worker-or-contractor

Victoria

Understand if contractors are considered workers for WorkCover insurance purposes

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

Queensland

Worker determination tests

Western Australia

Workers’ Compensation: A Guide for Employers

A Technical Note on Contractors and Workers’ Compensation

South Australia

Who is a worker?

Tasmania

Workers Compensation Handbook: The Basics

A Guide to Workers Rehabilitation and Compensation in Tasmania

Northern Territory

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 ATO website has guidelines and online tools to assist you to determine an individual’s employee / contractor status.

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.

ATO Employee/contractor decision tool

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 under a contract, or at piecework rates 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).

C’wealth Comcare

Claims and rehabilitation

C’wealth Seacare

Coverage 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 Zealand

Accident Compensation Act 2001 — s20–38