Health and Safety at Work Act 2015

19 Meaning of worker

(1)

In this Act, unless the context otherwise requires, a worker means an individual who carries out work in any capacity for a PCBU, including work as—

(a)

an employee; or

(b)

a contractor or subcontractor; or

(c)

an employee of a contractor or subcontractor; or

(d)

an employee of a labour hire company who has been assigned to work in the business or undertaking; or

(e)

an outworker (including a homeworker); or

(f)

an apprentice or a trainee; or

(g)

a person gaining work experience or undertaking a work trial; or

(h)

a volunteer worker; or

(i)

a person of a prescribed class.

(2)

For the purposes of subsection (1),—

(a)

a constable is—

(i)

a worker; and

(ii)

at work throughout the time when the constable is on duty or is lawfully performing the functions of a constable, but not otherwise:

(b)

a member of the Armed Forces is—

(i)

a worker; and

(ii)

at work throughout the time when the member is on duty or is lawfully performing the functions of a member of the Armed Forces, but not otherwise:

(c)

a PCBU is also a worker if the PCBU is an individual who carries out work in that business or undertaking.

(3)

In this Act, a volunteer worker

(a)

means a volunteer who carries out work in any capacity for a PCBU—

(i)

with the knowledge or consent of the PCBU; and

(ii)

on an ongoing and regular basis; and

(iii)

that is an integral part of the business or undertaking; but

(b)

does not include a volunteer undertaking any of the following voluntary work activities:

(i)

participating in a fund-raising activity:

(ii)

assisting with sports or recreation for an educational institute, sports club, or recreation club:

(iii)

assisting with activities for an educational institute outside the premises of the educational institution:

(iv)

providing care for another person in the volunteer’s home.

Compare: 1992 No 96 s 3C(1), (3); Model Work Health and Safety Act (Aust) s 7