Section 7 — Work Health and Safety Act 2011: Meaning of worker

(1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, 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 person’s business or undertaking; or (e) an outworker; or (f) an apprentice or trainee; or (g) a student gaining work experience; or (h) a volunteer; or (i) a person of a prescribed class. (2) For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979) is: (a) a worker; and (b) at work throughout the time when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is on duty or lawfully performing the functions of the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, but not otherwise; and (d) an employee of the Commonwealth. (2A) For the purposes of this Act, a member of the Defence Force is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of a member of the Defence Force, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the Commonwealth. (2B) For the purposes of this Act, a person who is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory or the Northern Territory) is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of that office, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the Commonwealth. (2C) For the purposes of this Act, a person who constitutes, or is acting as the person constituting, a public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of that authority, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2D) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of the public authority, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2E) For the purposes of this Act, a person who is, or is acting as, a member or a deputy member of a body established by or under an Act establishing a public authority for a purpose associated with the performance of the functions of the public authority is: (a) a worker; and (b) at work throughout the time when the person is lawfully performing the functions of the body, but not otherwise; and (c) carrying out work for a business or undertaking conducted by the public authority when the person is lawfully performing those functions, but not otherwise; and (d) an employee of the public authority. (2F) The Minister may, by instrument in writing, declare that a person of a class specified in the declaration is, for the purposes of this Act: (a) a worker; and (b) at work throughout the time specified in the declaration; and (c) carrying out work for a business or undertaking conducted by the Commonwealth, or a public authority specified in the declaration, when the person is performing functions of the kind specified in the declaration; and (d) an employee of the Commonwealth, or a public authority specified in the declaration. (2G) A declaration under subsection (2F) may only be made in relation to a class of persons if persons of that class engage in activities or perform acts: (a) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by the Commonwealth, or are employees of the Commonwealth: (i) at the request or direction of the Commonwealth; or (ii) for the benefit of the Commonwealth; or (iii) by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory); or (b) where the declaration specifies that persons of that class are carrying out work for a business or undertaking conducted by a public authority specified in the declaration, or are employees of a public authority specified in the declaration: (i) at the request or direction of the public authority; or (ii) for the benefit of the public authority. (2H) A declaration under subsection (2F) has effect according to its terms. (3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.