For further information, please contact the WorkCover Assistance Service on
13 10 50.
What is the purpose of the worker status self-assessment tool?
The self-assessment tool is designed to help employers clarify whether a person(s) or entity is a worker or contractor where the calculation of workers compensation premiums is concerned. It is not designed for any workers compensation claim situations.
The tool is the first step to deciding if you wish to apply for a private ruling. The result of the self-assessment tool is not binding and is a guide only.
Is there any help available when completing the tool?
The online worker status self-assessment tool has helpful information on the right-hand side of each page. This assists in completing each question by prompting you on the type of information required.
Alternatively, you can email your queries to privaterulings@workcover.nsw.gov.au and a response will be provided within two (2) business days or you can call the WorkCover Assistance Service on
13 10 50.
Is the self-assessment tool binding during a wage audit?
The self-assessment tool is a guide only and is not binding. The self-assessment tool is designed to help employers clarify whether a person(s) is a worker or contractor. A wage audit may verify whether the information outlined in the self-assessment tool is a true and accurate reflection of the employment circumstances.
What information should be provided to substantiate a self-assessment?
Any evidence that will show that the answer given in the self-assessment is a true and accurate representation of the current employment circumstances. Such evidence may include, but is not limited to, invoices demonstrating employment of others, copies of quotation documents, copies of the person's certificate of currency etc.
Why are the person's employment circumstances important?
The basis of the relationship between you and the party working for you is a determining factor. Deemed workers, independent contractors, labour hire and out workers are treated differently.
What if I haven't engaged the person(s) directly myself?
Person(s) engaged through another company, such as a labour hire situation, are treated differently from a person(s) hired from another body or from a person(s) engaged directly through you.
If the person has an ABN, are they a contractor?
Not necessarily. If the person(s) has an ABN, this does NOT mean that the person(s) is automatically a contractor. Consideration must be given to the full nature of the relationship between you and the person(s).
Why is the person(s) personal entitlements and tax important?
The way leave entitlements and tax are treated are key indicators as to whether a person(s) is a worker or a contractor. The person(s) entitlement to annual leave, sick leave, superannuation and having tax withheld are considered when determining worker status.
What if the person subcontracts or employs others?
This person is an independent contractor. In this instance, it is the actual subcontracting of duties that is important, not merely the right to do so. The right to do so is not an adequate indicator to determine the difference between a worker and a contractor.
What is the importance of the rate of pay?
A rate of pay assists to determine the regularity of the work and also differentiates between a quoted job. If the person(s) are paid a set rate – eg: hourly, daily, weekly, etc or paid per brick or per tile – the person(s) may be a worker.