Document ID: chunk:federal_register_of_legislation:C2012A00122:clause:2_8a
Version: federal_register_of_legislation:C2012A00122
Segment Type: clause
Provision Reference: sch 2 cl 8A
Character Range: 8674–10814

8A  Definition of worker
 (1) A person is a worker for the purposes of this Law 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 class prescribed by the regulations.
 (2) The person conducting the business or undertaking is also a worker for the purposes of this Law if the person is an individual who carries out work in that business or undertaking.
 (3) Each of the following persons is also a worker for the purposes of this Law:
 (a) a member (however described) of a police force of the Commonwealth, a State or a Territory;
 (b) a member of the Australian Defence Force;
 (c) a person who holds or is acting in an office established by a law of the Commonwealth, a State or a Territory;
 (d) a person who constitutes, or is acting as the person constituting, a public authority;
 (e) a person who is, or is acting as, a member or deputy member of a public authority;
 (f) a person who is, or is acting as, a member or a deputy member of a body that:
 (i) is established by or under a law of the Commonwealth, a State or a Territory establishing a public authority; and
 (ii) is established for a purpose associated with the performance of the functions of the public authority;
 (g) a person of a class specified in an instrument under subsection (4).
 (4) The National Regulator may by legislative instrument specify a class of persons for the purposes of subsection (3)(g) only if persons of that class engage in activities or perform acts:
 (a) at the request or direction of the Commonwealth, a State, a Territory or a public authority; or
 (b) for the benefit of the Commonwealth, a State, a Territory or a public authority; or
 (c) under a law of the Commonwealth, a State or a Territory.