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When is an NT cleaning company director covered by workers compensation?

·8 min read

An NT cleaning company director is covered only when both stated requirements are met: the company has taken out a workers compensation policy with an approved insurer, and the insurer has received the director’s personal details and remuneration. Owning the company or being its director does not, by itself, establish coverage. NT WorkSafe’s employer bulletin, reviewed 5 January 2023, states both requirements (figures checked 1 October 2026).

Does owning an NT cleaning company automatically cover its director?

No. An employer must arrange workers compensation insurance if it employs a worker, but the director rule contains a separate disclosure requirement.

RequirementWhat NT WorkSafe states
Company policyThe company must have taken out a workers compensation policy with an approved insurer. For workers employed specifically to work in the NT, the insurer must be approved in the NT.
Information provided to the insurerThe insurer must have the director’s personal details and remuneration.

Because NT WorkSafe says a director is covered only if both requirements are met, company ownership or a company policy alone is not enough to confirm director coverage. Meeting these conditions also does not replace the need to check the policy’s PDS for its scope, exclusions and other terms.

What should the director ask the insurer?

Before relying on the company’s policy, the director should:

The insurer can confirm what information it requires and how it records those disclosures. The policy PDS should then be checked for the coverage terms that apply to the director.

Does calling a cleaner a contractor avoid workers compensation cover?

No. The label used by a cleaning business does not by itself determine the worker’s status.

For workers generally, NT WorkSafe describes a worker as a natural person who performs work or a service under a contract and meets the employee test for PAYG withholding under the Taxation Administration Act 1953 (Cth). This applies even if the employer should be withholding tax but is not.

NT WorkSafe also states that a person determined to be an employee using Australian Taxation Office guidance should be covered, even if the employer considers the person to be a contractor. The page says the ATO decision tool is under review and currently unavailable, so an employer seeking assistance should check the ATO’s current information and obtain independent professional advice if needed.

What is at risk if the employer has no insurance?

The risks extend beyond whether a particular director is covered. In the NT WorkSafe bulletin reviewed 5 January 2023, the regulator states:

SituationStated financial exposure
Employer has no workers compensation insuranceThe employer is responsible for the cost of any claim, which could amount to millions of dollars.
Breach of the legislation by a companyPenalties can be up to $179,000.

The $179,000 figure is the maximum stated for a legislative breach, not an automatic penalty for every error involving director information.

What should a cleaning company check before deciding it is covered?

This is general information, not financial or legal advice. Coverage depends on the current regulator requirements, the policy terms and the insurer’s records.

Sources

FAQ

Does company ownership alone cover an NT cleaning company director?

No. The insurer must also have the director’s personal details and remuneration.

What are the two requirements for director coverage?

The company must have a workers compensation policy with an approved insurer, and the insurer must have the director’s personal details and remuneration.

Must the insurer be approved in the NT?

The director rule requires an approved insurer. NT WorkSafe also states that a policy for workers employed specifically to work in the NT must be with an approved insurer in the NT.

Can calling a cleaner a contractor avoid cover?

No. If ATO guidance determines the person is an employee, NT WorkSafe says the individual should be covered even if the employer considers them a contractor.

What if I am unsure whether the requirements are met?

Check the current NT WorkSafe page and the policy PDS, ask the insurer to confirm the records it holds, and seek independent professional advice if your tax or employer obligations remain unclear.

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