Document ID: chunk:federal_register_of_legislation:C2024C00243:section:7:p1
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 7 (pt 1/3)
Character Range: 36714–39347

7  Meaning of worker
 (1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:
 (a) an employee; or
 (b) a contractor or subcontractor; or
 (c) an employee of a contractor or subcontractor; or
 (d) an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or
 (e) an outworker; or
 (f) an apprentice or trainee; or
 (g) a student gaining work experience; or
 (h) a volunteer; or
 (i) a person of a prescribed class.
 (2) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979) is:
 (a) a worker; and
 (b) at work throughout the time when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and
 (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and
 (d) an employee of the Commonwealth.
 (2A) For the purposes of this Act, a member of the Defence Force is:
 (a) a worker; and
 (b) at work throughout the time when the person is lawfully performing the functions of a member of the Defence Force, but not otherwise; and
 (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and
 (d) an employee of the Commonwealth.
 (2B) For the purposes of this Act, a person who is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory) is:
 (a) a worker; and
 (b) at work throughout the time when the person is lawfully performing the functions of that office, but not otherwise; and
 (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and
 (d) an employee of the Commonwealth.
 (2C) For the purposes of this Act, a person who constitutes, or is acting as the person constituting, a public authority is:
 (a) a worker; and
 (b) at work throughout the time when the person is lawfully performing the functions of that