Worker determination from 1 July 2013
This page helps determine who is a worker and therefore must be insured by their employer for workers’ compensation. It provides guidance for applying the relevant provisions of the Workers' Compensation and Rehabilitation Act 2003 (the Act).
Who is a worker?
A worker is a person who works under a contract and, in relation to the work, is an employee for the purpose of assessment for PAYG witholding under the Taxation Administration Act 1953 (Cwlth), schedule 1, part 2-5. (s 11 of the Act). The definition includes 'persons who are workers' under Schedule 2, Part 1 but excludes 'persons who are not workers’ under Schedule 2, Part 2.
Section 11 of the Act also states that only an individual can be a worker for this Act.
Worker determination tests
Please note, the below tests must be applied in the order they appear. If a person/individual is determined a worker according to a test, no further tests need to be applied.
- Step 1 Contract for performance of work (written or verbal)
- Step 2 Specific exclusions
- Step 3 Specific inclusions
- Step 4 Contract of service
The Act lists specific inclusions and exclusions for who should be covered for workers’ compensation. This information should be used as a guide only. If you need help determining who to cover for workers’ compensation insurance, call WorkCover on 1300 362 128.
- Last updated
- 14 June 2019