Document ID: chunk:federal_register_of_legislation:C2014A00073:clause:1_38j
Version: federal_register_of_legislation:C2014A00073
Segment Type: clause
Provision Reference: sch 1 cl 38J
Character Range: 2289–3376

38J  Certain participants in Green Army Programme are not workers or employees under Commonwealth laws
 (1) A person:
 (a) who participates in the Green Army Programme on a full‑time or a part‑time basis and who is receiving green army allowance; or
 (b) who participates in the Green Army Programme on a part‑time basis and who is not receiving green army allowance;
is not taken to be:
 (c) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; or
 (d) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or
 (e) an employee for the purposes of the Fair Work Act 2009;
merely because of that participation.
Note: For Green Army Programme and green army allowance see subsection 23(1).
 (2) Paragraph (1)(b) does not apply to a person included in a class of persons prescribed in an instrument under subsection (3).
 (3) The Secretary may, by legislative instrument, prescribe a class of persons for the purposes of subsection (2).