Test an injured person against the NSW definition of worker
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract, the pay records and who directs the work, table the section 4 definition of worker and the exclusions that definition states. Do not decide whether the person is a worker, and do not add a deemed category.
- What the lawyer must review
- Decide whether the person works under a contract of service or a training contract.
- An ABN, a tax invoice or a contractor label is not the test.
- Schedule 1 was not opened. Do not add a deemed worker from it.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 4
Produce. A worker-definition table with missing facts marked. No status decision.
Have ready. Contract or engagement terms; Pay records; Who directs the work; Any police, casual, religious or sporting fact the lawyer marks.
Example of the limit. Illustrative example: The person invoices with an ABN and the host sets the hours. The tool records the contract-of-service test and leaves status blank. It does not treat the ABN as an exclusion.
Stop and hand it back when
- The facts needed for a contract of service are not on the file.
- The tool is asked to apply a Schedule 1 deemed category.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the contract, the pay records and who directs the work, table the section 4 definition of worker and the exclusions that definition states. Do not decide whether the person is a worker, and do not add a deemed category. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A worker is a person who has entered into or works under a contract of service, or a training contract, with an employer. The contract may be express or implied, and oral or written.
- The definition excludes a Police Superannuation Fund contributor, a casual employed for one period of not more than five working days otherwise than for the employer's trade or business, and the religious or voluntary officer described in paragraph (c).
- A registered participant of a sporting organisation is excluded in the circumstances in paragraph (d), except as Schedule 1 provides. Schedule 1 was not opened.
- Do not decide status from an ABN, a tax invoice or the word contractor.
Sources
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 4 · 2026-10-23
- Workers Compensation Act 1987 (NSW) section 11A · 2026-10-23
The $700 figure in paragraph (c) is the figure printed in the section opened on 23 October 2026. No deemed-worker clause in Schedule 1 was opened, so none is applied.