What is a private ruling?
A private ruling is a binding notice provided by WorkCover at the request of an employer. It determines if a person is a worker, deemed worker, or contractor for wage record and workers compensation premium calculation purposes.
Note: A private ruling does not impact upon a person's ability to lodge a workers compenation claim and cannot be used in any claims proceedings.
Use the free and anonymous self-assessment tool before submitting a private ruling application to WorkCover.
When applying employers must provide honest, accurate evidence-based information in their application. You should attach as much information about the situation as you have available.
This information can include but is not limited to:
- invoices
- quotes for jobs
- certificate of currency
- subcontractor's statements
- registration of the business name
- ABN and GST details
- Trade Licence details
- advertisements, business cards.
See the ‘Worker Status Service' page for lodgement and contact details. There is no charge for this service.
Can a private ruling be withdrawn?
Employers may withdraw their application at any time prior to the private ruling being issued by contacting the WorkCover Assistance Service on 13 10 50.
WorkCover may withdraw a ruling at any time if:
- the employment situation changes
- incorrect or incomplete information was provided by the employer
- during a wage audit, a situation has been identified contrary to that expressed in the private ruling application
- fraudulent activity is identified.
Review process
Employers can request a review of WorkCover's ruling. The review will be based on additional relevant example-based evidence not provided at the time of application. A review can be lodged in writing by:
Outcome
The private ruling will apply to each person with the same employment situation. Where the situation varies, for example, where one person has an ABN and the other does not, you will need to lodge a separate application. A private ruling is only valid while the employment circumstances remain the same, if the situation changes you must notify WorkCover.
Once you have received a private ruling your wage declaration should reflect the private ruling result and include wages if the decision indicated that the person is a worker. If estimated wages change by more than 25 per cent as a result of the ruling within the current policy period, you need to notify your Workers Compensation Scheme Agent as your premium will need to be adjusted.
You must keep the private ruling together with all the information on which the ruling was based with your wage records for five years.
Call 13 10 50 for more information about private rulings.