Riders and harness drivers: Worker or contractor?

Jockeys

Jockeys and apprentice jockeys are not excluded from entitlement to compensation like other sporting contestants.

Jockeys and apprentice jockeys are deemed to be workers, and therefore entitled to compensation if they:

• hold a licence granted in accordance with the Rules of Racing (Workplace Injury Rehabilitation and Compensation Act 2013, 'WIRC Act'; section 17(2) of schedule 1)

Riders

Riders are not excluded from entitlement to compensation like other sporting contestants.

Riders are entitled to compensation if they:

• are engaged as a rider (not a jockey or apprentice jockey) or as a driver in a horse, pony or harness race at a race meeting on a licensed racecourse or on land authorised to hold race meetings within the meaning of the Racing Act 1958

Jockeys are employed by Racing Victoria are deemed to be workers in certain circumstances

Under Schedule 1, section 17(3) of the WIRC Act, a person while participating as such a rider or doing such riding work as described below, is deemed to be a worker solely employed by Racing Victoria if they:

• are a jockey or an apprentice jockey who holds a licence granted in accordance with the Rules of Racing and is engaged to participate as a rider in a horse race at a race meeting
• who is a jockey or an apprentice jockey who holds a licence granted in accordance with the Rules of Racing and who agrees to do ride work for a trainer licensed under the Rules of Racing, at a location authorised for the holding of a horse race under the Racing Act 1958; or at a training venue occupied by a club registered in accordance with the Rules of Racing; or at a training venue occupied by a trainer licensed under the Rules of Racing or at a connecting route between any of the training venues referred to above

This does not extend to the owner or trainer of the horse being ridden (Schedule 1, section 17(3)(b) WIRC Act).

Riders and drivers in certain races are employed by the organising club, association or body

Under section 18 of schedule 1 of the WIRC Act, a person who is engaged to participate as:

• a rider in a horse race or pony race, or
• a driver in a harness race

where the race is conducted as part of a mixed sports gathering (within the meaning of the Racing Act 1958) is deemed to be a worker while participating. The club, association or body who organised the mixed sports gathering is deemed to be the rider's or driver's employer.

In s3 of the Racing Act 'mixed sports gathering' means:

• a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races, games, exercises, pastimes or contests, being a meeting which:
  • the races which take place include races of one or more of the following kinds, namely horse races, pony races and harness races