Section 19 — Health and Safety at Work Act 2015: Meaning of worker

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