Worker or Contractor tool
This tool is designed to help you determine whether a person is a worker, a deemed worker or contractor for workers compensation insurance purposes.
Note: a person’s status for tax purposes may not be the same as their status as a worker for workers compensation insurance purposes. For example, a person may be a contractor for tax purposes, but still be a worker for the purposes of workers compensation.
This tool is a guide only. To formally determine a worker’s status, you will need to lodge a private ruling application
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Disclaimer
This material contains general guidance information only. SIRA does not guarantee, and accepts no liability and responsibility whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any assessment made on this site. SIRA recommends that users apply their own skill and care with respect to their use of and reliance on any information provided on this site. Professional advice in relation to your specific situation should be obtained before any action or decision is taken on the basis of any assessment made by this tool. You must always comply with the relevant legislation. Current laws are available from the NSW legislation website.
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Instructions
This self-assessment will take approximately 10 minutes to complete.
When completing this assessment you may find it useful to have any relevant contracts or agreements nearby.
Please note that your progress will not be saved and that your responses will be lost if you exit before completing the assessment.
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Labour hire arrangements
Labour hire refers to the provision of outsourced workers hired for short or long-term positions.
There is a labour hire arrangement:
- where a labour hire company provides temporary workers (such as receptionists) and you (the client) direct the worker in the performance of their duties
- where a labour hire company provides specified service to its clients, e.g. a security firm that provides security services including alarms, remote monitoring and the provision of a security guard who is supplied and directed by the labour hire company.
In these circumstances you are not generally considered to be the employer of the worker.
These workers are employed by the labour hire company and not by you, so there is no contractual relationship with the worker.
In both cases the labour hire company must hold a valid workers compensation policy for the worker. The labour hire company can confirm this by supplying a NSW workers compensation certificate of currency.
Is the person performing work under a labour hire arrangement as explained above?
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Select the appropriate classification for the person:
Note: When determining the worker classification, it does not matter if the worker holds an Australian Business Number (ABN).