The concept of being at work encompasses both the performance of work at any time or location, and when the worker is engaged in some other activity which is permitted by their employer; the question of when a worker is at work depends on context including custom and practice and the nature of the worker's contract.

The concept of being 'at work' encompasses both the performance of work at any time or location and when the worker is engaged in some other activity which is authorised or permitted by their employer.

A volunteer is a 'worker' for the purposes of the stop-bullying jurisdiction under s.789FC.

The definition of 'worker' in s 7(1) of the WHS Act is intentionally broad and covers persons carrying out work 'in any capacity' for a person conducting a business or undertaking, extending beyond traditional employee relationships to include contractors, volunteers, apprentices, and work experience students.

The statutory definition of 'worker' in s 7(1) contains no requirement that work be performed for a particular purpose or motivation, and the existence of therapeutic, educational or other purposes does not operate to exclude a person from the definition.

Matters extraneous to the statutory text—such as whether work is part of a government-funded program or intended to improve well-being—are not relevant to determining whether a person satisfies the 'worker' definition and cannot be relied upon to exclude a person from the scope of the provision.

The definition of 'worker' in WHS Act s 7(1) is very broad, extending beyond employees to include volunteers and persons working in any capacity for a PCBU.

A volunteer is a 'worker' for the purposes of the stop-bullying jurisdiction under s.789FC.

The definition of 'worker' in s 7(1) of the WHS Act contains two primary elements: the person must carry out work, and that work must be carried out for a person conducting a business or undertaking. The definition is not limited to employees and extends to contractors performing work as independent contractors under contracts for services, and to volunteer work (subject to exclusions for volunteers in volunteer associations).

Volunteers are expressly included within the definition of 'worker' under WHS Act s 7(1), with the exception of volunteers working in a volunteer association as defined in WHS Act s 5(7)-(8).

A worker is defined by s.789FC(2) by reference to the WHS Act definition and includes individuals who perform work in various capacities including as employees, contractors, and trainees. A dismissed employee with notice retains worker status until the notice period expires.

The definition of 'worker' in s.7(1) of the WHS Act is very broad. A person need only perform work 'in any capacity for' another person conducting a business or undertaking to satisfy the definition. The listed categories (employee, contractor, subcontractor, outworker, apprentice, trainee, student, volunteer) are illustrative and do not limit the definition.