Australian Capital Territory Consolidated Acts

CRIMES ACT 1900 - SECT 49A

In this part:

"agent", of a person (the first person ), means—

        (a)     a person (the second person ) engaged by the first person (whether as independent contractor or otherwise) to provide services to the first person in relation to matters over which the first person—

              (i)     has control; or

              (ii)     would have had control apart from an agreement between the first person and second person; or

        (b)     a person engaged by another agent of the first person, or by an agent of an agent, (whether as independent contractor or otherwise) to provide services, in relation to the first person, to the other agent in relation to matters over which the other agent—

              (i)     has control; or

              (ii)     would have had control apart from an agreement between the agents.

"causes" death—a person's conduct causes death if it substantially contributes to the death.

"conduct"—see the Criminal Code, section 13.

"death"—see the Criminal Code, dictionary.

"employee" means a person engaged under a contract of service.

"employer", of a worker—a person is an "employer" of a worker if—

        (a)     the person engages the worker as a worker of the person; or

        (b)     an agent of the person engages the worker as a worker of the agent.

"government"—see the Legislation Act, section 121 (6).

"government entity"—an entity is a government entity for a function of the entity if—

        (a)     the entity's exercise of the function is subject to the control of a government (including a senior officer of the government); or

        (b)     the entity is otherwise an agent of a government in exercising the function.

"independent contractor" means a person engaged under a contract for services.

"officer", of a corporation—see the Corporations Act, section 9.

Note     At the commencement of this section, the definition of "officer" in the Corporations Act, section 9 is as follows:
"officer" of a corporation means:

        (a)     a director or secretary of the corporation; or

        (b)     a person:
(i)     who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
(ii)     who has the capacity to affect significantly the corporation's financial standing; or
(iii)     in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors or the corporation); or

        (c)     a receiver, or receiver and manager, of the property of the corporation; or

        (d)     an administrator of the corporation; or

        (e)     an administrator of a deed of company arrangement executed by the corporation; or

        (f)     a liquidator of the corporation; or

        (g)     a trustee or other person administering a compromise or arrangement made between the corporation and someone else.

"outworker" means an individual engaged by a person (the principal ) under a contract for services to treat or manufacture articles or materials, or to perform other services—

        (a)     in the outworker's own home; or

        (b)     on other premises not under the control or management of the principal.

"provide services" to, or in relation to, a person includes perform work for, or in relation to, the person.

"senior officer", of an employer, means—

        (a)     for an employer that is a government, or an entity so far as it is a government entity—any of the following:

              (i)     a Minister in relation to the government or government entity;

              (ii)     a person occupying a chief executive officer position (however described) in relation to the government or government entity;

              (iii)     a person occupying an executive position (however described) in relation to the government or government entity who makes, or takes part in making, decisions affecting all, or a substantial part, of the functions of the government or government entity; or

        (b)     for an employer that is another corporation (including a corporation so far as it is not a government entity)—an officer of the corporation; or

        (c)     for an employer that is another entity—any of the following:

              (i)     a person occupying an executive position (however described) in relation to the entity who makes, or takes part in making, decisions affecting all, or a substantial part, of the functions of the entity;

              (ii)     a person who would be an officer of the entity if the entity were a corporation.

Example for par (a) (ii)

a person employed under the Public Sector Management Act 1994 , section 28 (Chief executives—engagement) or section 30 (Chief executives—temporary contracts) to perform an office of chief executive

Example of executive position for par (a) (iii)

an office created under the Public Sector Management Act 1994 , section 54A

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"serious harm"—see the Criminal Code, dictionary.

"volunteer" means a person who—

        (a)     provides services—

              (i)     for, or in relation to, the trade or business of someone else; or

              (ii)     for an entity for, or in relation to, a religious, educational, charitable or benevolent purpose or otherwise in the public interest; and

        (b)     receives no payment for the provision of the services (other than reasonable out-of-pocket expenses).

"worker" means—

        (a)     an employee; or

        (b)     an independent contractor; or

        (c)     an outworker; or

        (d)     an apprentice or trainee; or

        (e)     a volunteer.