Workers compensation in New South Wales

In New South Wales contractors are said to be ‘workers’, and workers compensation obligations apply, if all three of the following apply:

  • the contract is for work of more than $10 in value; and
  • the person does not carry out a trade or business in their own name or under a business or firm name; and
  • the person does not subcontract the work or employ other workers.
‘Rural work’ in New South Wales

In New South Wales some contractors doing ‘rural work’ are also classed as ‘workers’.

‘Rural work’ is defined to mean only these types of work:

  • construction or demolition of fences or yards;
  • clearing land of stumps or logs;
  • sugar cane cutting and work transporting sugar cane to mills; and
  • other types of work involving the supply of timber.

Contractors in these areas of rural work will be classed as ‘workers’, even if they employ workers, if they do some of the work themselves and the farmer engaging them will be responsible under workers compensation laws.

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