Map a New South Wales labour-hire host as employer or third party
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list the employer damages claim and any host, and whether the host would be invited to the mediation. Do not decide who owed the duty.
- What the lawyer must review
- Decide whether the host is the employer or a third party.
- Do not compel a non-employer to the mediation.
- Do not decide the host's statute from the mediation direction.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales: a work injury damages claim against the employer, and a non-employer host at mediation
Produce. A map of the employer and the host, and whether the host can be compelled to the Commission mediation.
Have ready. Placement contract; Wages records; Persons the lawyer has named.
Example of the limit. Illustrative example: The host is not the employer and the parties want the host at the mediation. The tool records an invitation under WC4 paragraph 51 and does not record a compulsion. The lawyer decides the host's liability separately.
Stop and hand it back when
- The employer cannot be identified.
- The tool has recorded that the host must attend.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list the employer damages claim and any host, and whether the host would be invited to the mediation. Do not decide who owed the duty. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify the employer from the contract and the wages records before naming the host.
- Where the parties consider a host who is not the employer is needed to settle the claim, record that under WC4 paragraph 51 the principal registrar will invite that third party and cannot compel attendance.
- Keep the work injury damages claim, as SIRA describes it, on the employer whose negligence is alleged.
- The mediation direction does not choose the statute that applies to the host.
Sources
- Personal Injury Commission: Procedural Direction WC4 · 2026-10-23
- SIRA: Work injury damages · 2026-10-23
SIRA describes work injury damages as a claim where the employer was negligent. Procedural Direction WC4 paragraph 51 says that where the parties consider a third party who is not the employer is needed to settle the claim, the principal registrar will invite that party and cannot compel attendance. The lawyer decides whether the host is the employer for the damages claim or a third party. That decision is not made by the mediation direction. The statute that then applies to a host who is not the employer was not opened for this version and is not stated.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).