---
title: "Map a New South Wales labour-hire host as employer or third party"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-a-labour-hire-injury-into-the-employer-claim-and-the-host-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WD20261023-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Map a New South Wales labour-hire host as employer or third party

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-a-labour-hire-injury-into-the-employer-claim-and-the-host-claim/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | New South Wales |
| Applies to | [Map a labour hire injury into the employer claim and the host claim](https://ailawframework.com/practice/personal-injury-and-compensation/map-a-labour-hire-injury-into-the-employer-claim-and-the-host-claim.md) |

## Checking plan

**Verify against sources**

Identify the employer from the contract and the wages records before naming the host.

- What the AI does: 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 does: The lawyer decides whether the host is the employer for the damages claim or a third party.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Identify the employer from the contract and the wages records before naming the host.
2. 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.
3. Keep the work injury damages claim, as SIRA describes it, on the employer whose negligence is alleged.
4. The mediation direction does not choose the statute that applies to the host.

## Notes

- 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).

## Practical guide

Jurisdiction: New South Wales: a work injury damages claim against the employer, and a non-employer host at mediation

**Deliverable**: A map of the employer and the host, and whether the host can be compelled to the Commission mediation.

**Inputs**

- Placement contract
- Wages records
- Persons the lawyer has named

**Example**: 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 escalate when**

- The employer cannot be identified.
- The tool has recorded that the host must attend.

Checked 2026-10-23.

## Sources

- [Personal Injury Commission: Procedural Direction WC4](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-wc4-work-injury-damages) (checked 2026-10-23)
- [SIRA: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/work-injury-damages) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*