Check the Victorian tests for a worker and a deemed worker
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract, the pay records and who directs the work, on a firm-controlled tool, table the WorkSafe tests for a worker and a deemed worker and list the facts still missing. Do not decide status.
- What the lawyer must review
- Decide whether the person is a worker or a deemed worker
- Do not treat a contractor label as the answer
- Check who directs the work against the contract and the pay records
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a WorkSafe or self-insurer claim, before a decision that the person is a worker
Produce. A status table with the gaps listed.
Have ready. The contract and any contractor label; Pay records and who directs the work; Whether the person is a natural person, a partner, a student or labour hire.
Example of the limit. Illustrative example: The contract says independent contractor and the person is paid on invoice. The table records the label and the pay method, and it leaves status blank. The lawyer applies the direction test and the deemed-worker provisions.
Stop and hand it back when
- The table says the person is, or is not, a worker.
- The only facts are a label, with no contract and no account of who directs the work.
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, on a firm-controlled tool, table the WorkSafe tests for a worker and a deemed worker and list the facts still missing. Do not decide status. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use the claims-manual definition: an individual who performs work for an employer, or agrees to perform work, at the employer's direction, instruction or request, whether under a contract of employment or otherwise, or who is deemed to be a worker.
- A signed statement that the person is not a worker does not alter the status. A contract that calls the relationship one of independent contractor and principal does not alter the true relationship. The true relationship is the rights and obligations and the facts.
- If it is unclear whether the person is under a contract of service or is running their own business as a natural person or a partner, the manual points to the contractor assessment tool, and then to whether a contractor is a deemed worker.
- The manual treats some students on work experience, structured workplace learning or a practical placement as deemed workers, and it points to Schedule 1 of the Act for deemed workers. Open that schedule before relying on a class that is not set out on the page.
Sources
- WorkSafe Victoria claims manual: define a worker · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013, in force version 054 (effective 2 October 2026) · 2026-10-23
- County Court of Victoria: Use of Artificial Intelligence by Court Users Practice Note (9 June 2026) · 2026-10-23
The Workplace Injury Rehabilitation and Compensation Act 2013 is in force as version 054, effective 2 October 2026. The operative definition section was not opened. The tests above are the claims manual's account.
Wage and health records stay in a firm-controlled tool. If a status dispute later goes to court, the lawyer verifies any filed document under the County Court practice note of 9 June 2026 or Practice Note SC GEN 25.