Table the Queensland tests for who is a worker, without deciding status
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract, the pay records and who directs the work, using a firm-controlled tool, table section 11 and the four tests in the order the WorkCover page states, and list the facts still missing. Do not decide whether the person is a worker.
- What the lawyer must review
- You decide whether the person is a worker. The tool does not.
- Check section 11 and schedule 2. The page's four tests are a guide, not the schedule.
- Do not treat an ABN, a tax invoice or a contractor label as conclusive.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Who is a worker for Queensland statutory compensation
Produce. A four-test table with missing facts marked. No status conclusion.
Have ready. The contract or the engagement documents; The pay records; Who directs the work.
Example of the limit. Illustrative example: The invoice is in a company name and the person is a director of that company. The table records both facts against the entity exclusion and the director exclusion. The status cell stays blank.
Stop and hand it back when
- There is no contract and no account of how the work was arranged.
- The output would say the person is, or is not, a worker.
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, using a firm-controlled tool, table section 11 and the four tests in the order the WorkCover page states, and list the facts still missing. Do not decide whether the person is a worker. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record a contract, a bailment, or a right to use property before any exclusion.
- List an exclusion or an inclusion only where the page states it.
- Leave the status cell blank.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 11 · 2026-10-23
- WorkCover Queensland: determining who is a worker · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Section 11(1) says a worker is a person who works under a contract and, for that work, is an employee for PAYG withholding under the Taxation Administration Act 1953 (Cth), schedule 1, chapter 2, part 2-5, or a regulated worker under the Fair Work Act 2009 (Cth) where chapter 3A coverage applies and the person is prescribed by regulation. Sections 11(2) and (3) send particular circumstances to schedule 2, parts 1 and 2. Section 11(4) says only an individual can be a worker. Schedule 2 was not opened.
The WorkCover page gives four tests in order and lists exclusions and inclusions, including companies, trusts and partnerships, directors, trustees and partners, and several other groups. It says the page is a guide and that WorkCover decides on the facts. Those lists are not quoted here as schedule 2.