Australian Capital Territory Consolidated Acts

WORKERS COMPENSATION ACT 1951 - SECT 14

    (1)     For this Act, an individual is taken to be a worker "employed by a person (the " principal ) if—

        (a)     the individual is engaged under an arrangement (whether or not under contract) by which training or on-the-job experience is provided to the individual; and

        (b)     the training or experience is in relation to work that is for (or incidental to) the principal's trade or business; and

        (c)     the individual performs work that is for (or incidental to) the principal's trade or business while so engaged; and

        (d)     if the principal is a corporation—the individual is not an executive officer of the corporation.

    (2)     An individual may be taken to be a worker under subsection (1) even if the individual receives no payment for the engagement.

    (3)     However, an individual is taken not to be a worker employed by the principal if—

        (a)     the engagement of the individual by the principal is arranged by an educational institution where the individual is enrolled; and

        (b)     the engagement is part of a work experience program (however described) run by the educational institution.

Example of work experience program

work placement program

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).

    (4)     An individual is also taken not to be a worker employed by the principal if—

        (a)     the individual is an adult with a disability; and

        (b)     the engagement of the individual by the principal is arranged by a specialist disability employment service provider; and

        (c)     the engagement is part of a work experience program (however described) organised by the provider to help adults with disabilities to work.

Example of work experience program

work placement program

    (5)         In this section:

"adult with a disability "means a person who—

        (a)     is 16 years old or older; and

        (b)     has a physical, intellectual or psychiatric disability; and

        (c)     is likely to suffer from the disability permanently or for an extended period.

"educational institution" means—

        (a)     a school, college or other educational institution established or maintained on behalf of the Territory; or

        (b)     a non-government school under the Education Act 2004; or

        (c)     an educational institution established under a territory law or a law of the Commonwealth or a State.

"specialist disability employment service provider" means an organisation (whether or not the organisation is incorporated) that—

        (a)     provides employment services for people with disabilities; and

        (b)     is not carried on for the financial benefit of the organisation's members.