Worker determination

This document helps us to determine who is 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).

Tools for decision making

• Worker determination form: we use this form to gather relevant information from an employer regarding how the individual is engaged.
• Worker determination checklist: this checklist helps us determine whether the individual is a worker.

Who is a worker?

A worker is a person who works under a contract of service (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 state 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 versus contract for service
• Step 5 Contract for labour only or substantially for labour only
• Step 6 Personal services business determinations
• Step 7 Results test.

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 us on 1300 362 128.