Comparison of Workers’ Compensation Arrangements in Australia and New Zealand (2012)

Table 2.4b: Guidelines and information for determining coverage of workers

	Guides and information
New South Wales	The final arbiter of whether a contractor is a deemed worker is the Workers’ Compensation Commission and this is decided on the individual facts of each case. WorkCover may also apply tests determined by other Courts. One relevant test is whether the contract can be construed as a ‘contract of service’ (which would usually result in a finding that the person is a worker) or a ‘contract for services’ (which would usually result in a finding that the person supplying the services is not a worker Worker or Contractor?
Victoria	Contractors and workers Workers’ rights and responsibilities
Queensland	Worker’s guidelines Worker determination
Western Australia	Who do I need to Cover? Important Information for Employers Contractors and Workers’ Compensation (Are you a Worker?) Contractors and workers’ compensation (Technical Note 1)
South Australia	‘A Guide to the Definition of Worker’.
Tasmania	A person who is engaged under a contract of service would be regarded at common law as being an employee whereas a person who is engaged under a contract for service is regarded as being an independent contractor. ) Exception where contract is for work not related to a trade or business regularly carried on by the contractor in the contractor’s own name or under a business or firm name - s4B
Northern Territory	N/A
Australian Capital Territory	Individual who has entered into or works under a contract of service with an employer, whether the contract is expressed or implied, oral or written – s8(1)(a), workers for labour only or substantially labour only s8(1)(b), or works for another person under contract UNLESS they are paid to achieve a stated outcome, and has to supply plant and equipment, and is (or would be) liable for the cost of rectifying any defective work s8(1)(i)(a-c) OR has a personal services business determination s8(1)(ii)
C’wealth Comcare	N/A
C’wealth Seacare	N/A
C’wealth DVA	Military Rehabilitation and Compensation Information Booklet
New Zealand	N/A

Table 2.4c: Coverage of journeys and breaks

	Journeys to and from work	Work-related travel	Breaks - onsite	Breaks - offsite
New South Wales	Yes, some restrictions – 1987 Act, s10.	Yes, covered by s4 definition of ‘personal injury arising out of or in the course of employment’ - 1987 Act.	Yes – 1987 Act, s11	Yes – 1987 Act, s11
Victoria	No – s83.	Yes, some restrictions – s83.	Yes – s83.	Yes – s83.
Queensland	Yes, some restrictions – s35.	Yes – s34.	Yes – s34(1)(c).	Yes – s34(1)(c).
Western Australia	No – s19(2).	Yes – s19(1).	Yes.	No reference in the Act. Coverage depends on factual circumstances or common law.
South Australia	No – s30(5).	Yes – s30.	Yes, if the break is authorised – s30(3).	No.
Tasmania	No, some exceptions – s25(6).	Yes – s25(6).	Yes – s25(6).	No, some exceptions – s25(6).
Northern Territory	Yes, some restrictions – s4.	Yes – s4.	Yes – s4.	Yes – s4.
Australian Capital Territory	Yes – s36.	Yes – s36.	No reference.	No reference.
C’wealth Comcare	No, some exceptions – s6(1C).	Yes – s6(1)(d).	Yes - s6(1)(b).	No
C’wealth Seacare	Yes – s9(e).	Yes – s9(e).	Yes – s9(b).	Yes – s9(b).
C’wealth DVA	Yes - s.27; exceptions - s.35.	Yes - s.27; exceptions - s.35.	Yes - s.27.	Yes - s.27.
New Zealand	Yes, some restrictions - s28(1)(b).	Yes – s28(1)(a).	Yes – s28(1)(b).	Yes, some restrictions.