Definition of ‘worker’

New South Wales

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). Certain exclusions apply — s4 and s4(1), Workplace Injury Management and Workers Compensation Act 1998. In addition, s5 provides that the definitions outlined in Schedule 1 deems workers lent or on hire, some contracts and similar classes of persons to be workers.

Victoria

‘worker means an individual —

• who:
  1. performs work for an employer, or
  2. 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 this Act;’ — s3, Workplace Injury Rehabilitation and Compensation Act 2013.

Queensland

A worker is an individual who works under a contract and, in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 (Cth), schedule 1, part 2-5. (s11, Workers’ Compensation and Rehabilitation Act 2003).

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:

1. any person to whose service any industrial award or industrial agreement applies, and
2. 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 — s5(1), Workers’ Compensation and Injury Management Act 1981.

WorkCover WA guidance:

Workers’ Compensation and Injury Management: A Guide for Employers.

A Technical Note on Contractors and Workers’ Compensation.

South Australia

A worker is:

1. a person by whom work is done under a contract of service (whether or not as an employee)
2. a person who is a worker by virtue of Schedule 1
3. a self-employed worker

and includes a former worker and the legal personal representative of a deceased worker — s4, Return to Work Act 2014. Also see definition of ‘contract of service’ and s175 and Regulation 5 — ‘Contract of service and other terms’ and Regulation 69 — ‘Volunteers’ (prescribed under Schedule 1)

Note: regulations may exclude specified classes of workers.

Tasmania

Worker means -

1. 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
2. Any person or class of persons taken to be a worker for the purposes of the Act -

and when used in relation to a person who has been injured and is dead, includes the legal personal representatives or dependants of that person or other person to whom or for whose benefit compensation is payable s3(1).

Worker may include contractors (4B), participants in prescribed training programs (4D), luxury hire car drivers (4DA), taxi drivers (4DB), jockeys (4DC), and other persons prescribed to be workers (4E).

The Act does not apply to any person:

1. whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer’s trade or business, or
2. who is an outworker, or
3. 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
4. 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
5. 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 (Cth), or
6. notwithstanding section s4D, who is participating in an approved program of work for unemployment payment under the Social Security Act 1991 (Cth) — and no such person shall be deemed to be a worker within the meaning of this Act — s4(5), Workers Rehabilitation and Compensation Act 1988.

Northern Territory

A worker is an individual who performs work or a service of any kind for another person under a contract and in relation to the contract, is an employee for the purposes of assessment for PAYG withholding under the Taxation Administration Act 1953 (Cth) ((s3B) of the Return to Work Act 1986).

Australian Capital Territory

The Workers Compensation Act 1951 devotes an entire chapter (Chapter 3) to defining and identifying a worker in general and certain categories of workers. The Minister may additionally make a declaration to deem persons in certain occupations to be workers:

• An 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 — s8(1)(a), or
• 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).

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 of a territory or under a contract of service or apprenticeship. Can also be covered if subject of a ministerial declaration.

Also a person who is employed by a licensed corporation if a person performs work for that corporation under a law or a contract and the person would, if the corporation were not licensed, be entitled to workers’ compensation in connection of that work — s4 and s5, Safety, Rehabilitation and Compensation Act 1988.

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.

C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) — 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 — MRCA s5.

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) — Member or former member of the Permanent Forces, Reserves, or cadets of the Australian Defence Force who has rendered service prior to 1 July 2004 — 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 — s(6) (also includes employees on unpaid parental leave, self-employed persons and employees who have purchased weekly compensation and employees who ceased work in the 28 days prior to incapacity, and who had an agreement to start work within three months of the date of incapacity or within 12 months for seasonal workers).