Table 4.4: Treatment of sportspersons and sporting injuries | Safe Work Australia

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	Treatment of sportsperson and sporting injuries
New South Wales	Except as provided by Schedule 1 of the 1998 Act, a sporting participant meets the definition of a ‘worker’ in s4 of the 1998 Act unless he/she is 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 the registered participant is not entitled to remuneration other than for the doing of those things. 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. The Sporting Injuries Insurance Act 1978 provides coverage for serious injury and death while participating in an authorised activity to persons who are registered members of a sporting organisation that is recognised by The Sporting Injuries Compensation Authority (a division of Insurance and Care NSW).
Victoria	Workplace Injury Rehabilitation and Compensation Act 2013 — Clause 17, Schedule 1 Except as provided in subclause (3), if a person is engaged by an employer to participate as a contestant in a sporting or athletic activity, neither the employer or self-insurer nor the Authority is liable to pay compensation for an injury received by the person if the injury is received while the person is: participating as a contestant in a sporting or athletic activity; engaged in training or preparation with a view to so participating; or travelling between a place of residence and the place at which the person is so participating or so engaged. Exception for jockeys and harness riders (see Table 4.2).
Queensland	Workers Compensation and Rehabilitation Act 2003 — Schedule 2 Part 2 — Persons who are not workers A person who performs work under a contract of service as a professional sportsperson is not a worker while the person is: participating in a sporting or athletic activity as a contestant, or training or preparing for participation in a sporting or athletic activity as a contestant, or performing promotional activities offered to the person because of the person’s standing as a sportsperson, or engaging on any daily or other periodic journey in connection with the participation, training, preparation or performance.
Western Australia	Workers Compensation and Injury Management Act 1981 s11 — Exclusion of certain persons who are contestants in sporting or athletic activities Notwithstanding anything in s5 and subject to s11A, a person is deemed not to be a worker while they are: participating as a contestant in any sporting or athletic activity engaged in training or preparing himself with a view to his so participating engaged in promotional activities in accordance with the contract pursuant to which he so participates, or engaged on any regular journey, daily, or other periodic journey, or other journey in connection with his so participating or being so engaged, if, under that contract, he is not entitled to any remuneration other than remuneration for the doing of those things. Except for licensed jockeys under the Racing and Wagering Western Australia Act 2003 while engaged in racing or riding work or carrying out their usual duties as of a Jockey — s11A.
South Australia	Section 69 of the Return to Work Act 2014 states: Despite any other provision of this Act, but subject to ss(2), if: a worker is employed by an employer solely: to participate as a contestant in a sporting or athletic activity (and to engage in training or preparation with a view to such participation), or to act as a referee or umpire in relation to a sporting or athletic contest (and to engage in training or preparation with a view to so acting); and remuneration is not payable under the contract of employment except in respect of such employment, an injury arising out of or in the course of that employment is not compensable under this Act. This section does not apply to: a person authorised or permitted by a racing controlling authority within the meaning of the Authorised Betting Operations Act 2000 to ride or drive in a race within the meaning of that Act, or a boxer, wrestler or referee employed or engaged for a fee to take part in a boxing or wrestling match, or a person who derives an entire livelihood, or an annual income in excess of the prescribed amount, from employment of a kind referred to in ss(1)(a). In this section, the prescribed amount means: in relation to 2014 — $65,600 (indexed), or in relation to a subsequent year — a sum (calculated to the nearest multiple of $100) that bears to $25,000 the same proportion as the Consumer Price Index for the September quarter of the immediately preceding year bears to the CPI for the September quarter, 1985. A professional sportsperson’s prescribed income as at 1/1/2018: $69,839 (see the ‘Schedule of Sums’ available at ReturnToWorkSA website).
Tasmania	A person is deemed not to be a worker within the meaning of the Workers Rehabilitation and Compensation Act 1988 while he is, pursuant to a contract: participating as a contestant in any sporting or athletic activity engaged in training or preparing himself with a view to his so participating, or travelling in connection with his so participating or being so engaged — if, under that contract, he is not entitled to any remuneration other than remuneration for the doing of those things. — s7 Jockeys — s7 does not apply to jockeys and apprentices whilst engaged in riding in Tasmania at a race meeting or official trial or whilst riding in a training session for a licensed trainer — s4DC.
Northern Territory	A person shall be deemed not to be a worker while they are: participating as a contestant in a sporting or athletic activity. engaged in training or preparing themself with a view to his or her so participating, or travelling in connection with them so participating or being so engaged, unless, under the contract, they are entitled to remuneration of not less than the prescribed amount per year (annual equivalent of 65% of Average weekly earnings = $53,055.85) or at a rate that, if the contract continued for a year, would result in his or her receiving remuneration of not less than that amount — s3(10). Regulation 3A Definition of ‘worker’ — Jockeys are defined as workers.
Australian Capital Territory	Workers’ Compensation Act 1951 s84 — Compensation for sporting injuries. A person is not entitled to receive compensation for an injury sustained as a result of the person’s engagement in professional sporting activity. s177 Premiums — remuneration for professional sporting activity. An employer is not liable to pay any part of a premium for a compulsory insurance policy calculated by reference to the remuneration payable to an employee for engaging in professional sporting activity.
C’wealth Comcare	Nothing specific in legislation. The Safety Rehabilitation and Compensation Act 1988 provides that in the case of an injury, compensation is payable where the injury ‘arises out of or in the course of the employee’s employment.’
C’wealth Seacare	Nothing specific in legislation. The Seafarers Rehabilitation and Compensation Act 1992 provides that in the case of an injury, compensation is payable where the injury ‘arises out of or in the course of the employee’s employment’.
C’wealth DVA	Nothing specific in Military Rehabilitation and Compensation Act 2004 (MRCA). In order for any injury to be compensable under the MRCA, it must have resulted from an occurrence that happened while the person was rendering Defence service, or have arisen out of or been attributable to their service. This means that sporting injuries may be compensable under the MRCA where they meet these requirements (MRCA s27). Similarly, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) provides that in the case of an injury, compensation is payable where the injury ‘arises out of or in the course of the employee’s employment’ (DRCA s5).
New Zealand	The Accident Compensation Act 2001 provides broad cover for personal injury and makes no distinction in coverage between sport-related injury and any other injury. However, injuries that are not work-related are not funded through levies collected from employers.