Cross-border workers

What are cross border workers?

There are two main types of cross border workers:

• An interstate cross border worker is someone who works in two or more States.
• An overseas cross border worker is either someone who normally lives in Victoria but works overseas for their Australian employer, or works in Victoria for their overseas employer.

Depending on the circumstances, remuneration you pay to a cross border worker may or may not be required to be included in your premium calculation in Victoria or another State.

Note: 'State' refers to any Australian state or territory.

Why do I need to know this?

If you pay remuneration to a cross border worker, it's important that you understand your workers' compensation insurance responsibilities.  

This information will help you understand your responsibilities in Victoria.   

By making an accurate remuneration declaration in Victoria, you can ensure you're paying the right premium for your business in Victoria and are registered in Victoria when you need to be.

For more information about remuneration and how to make an accurate declaration in Victoria, see How Remuneration works.

You can contact other States to help you understand your responsibilities in those States. See our Further help and resources. 

Getting started

There are two main things you need to identify before you can figure out if remuneration to a cross-border worker is required to be included in your premium calculation in Victoria: the relevant financial year, and whether your business is based in Victoria or not.

1: Identifying the relevant financial year

First, start by identifying the specific financial year you paid remuneration to your cross border worker. This test is based on the financial year you identified. If you've paid your worker across multiple years, you'l need to do this test for each financial year.

2. Identifying if your business is based in Victoria

Now you need to identify if your business is based in Victoria. For most business owners this can be fairly straightforward, but if you're unsure, consider where your primary business activities are managed from. If that place is in Victoria, then you're a Victorian-based employer. If it's somewhere else, then you're probably not a Victorian-based employer.

If you don't have any place in Australia that your primary business activities are managed from, then you're also probably not a Victorian-based employer.

For employers based in Victoria

If your business is based in Victoria, then any remuneration you pay to a cross border worker for the relevant financial year is required to be included in your premium calculation in Victoria. However, some exceptions apply.

Exceptions

Your worker usually worked in a single State (outside Victoria)

If, in the relevant financial year, your worker usually worked for you in a single State outside Victoria, then their remuneration is not required to be included in your premium calculation in Victoria.

If your worker usually worked in more than one State, or if they usually worked in no State at all, continue to the next exception.

Example 1: In the relevant financial year, Scott works for a finance company based in Victoria. He works remotely in Adelaide full-time, and only visits the Melbourne office for major functions and team gatherings. In this example, Scott usually works in a single State outside Victoria (South Australia).

Example 2: In the relevant financial year, Raoul works for a construction company based in Victoria. As per usual, Raoul works at the company's Melbourne office for 5 months and at the company's Auckland, New Zealand office for 6 months. In this example, Raoul usually works in a single State (Victoria).

Example 3: In the relevant financial year, Tanya is a delivery driver for a company based in Victoria. Each morning she is required to attend the company's warehouse in Albury, New South Wales. This is to collect the company's products which she then distributes at various retail outlets in New South Wales and Victoria. In this example, Tanya usually works in more than one State (NSW and Victoria).

Example 4: In the relevant financial year, Taylor is a performer for a company based in Victoria. Taylor travels across Australia performing at various carnivals and other major events. In this example, Taylor usually works in no State at all.

For more information on what 'usually works' means, see our definition of important terms.

Your worker was usually based in a single State (outside Victoria)

If your worker usually worked in no State, or in two or more States, you'll need to identify the State they're usually based in.

If you determine that the worker was usually based in another State, then their remuneration for the relevant financial year is not required to be included in your premium calculation in Victoria.

Example: Tanya has to visit the Albury, NSW warehouse once a week to report to her manager in person and discuss what her priorities will be for the rest of the week. Her contract also specifies that her principal work location is Albury, NSW. In this example, Tanya is usually based in another State (NSW).

For more information on what 'usually based' means, see our definition of important terms.

For employers not based in Victoria

If your business is not based in Victoria, then any remuneration you pay to a cross border worker for the relevant financial year is not required to be included in your premium calculation in Victoria. However, some exceptions apply.

Exceptions

Your worker usually worked in a single State (Victoria)

If your worker usually worked in a single State (Victoria) in the relevant financial year, then their remuneration for the year is required to be included in your premium calculation in Victoria.

If your worker worked in more than one State, or if they worked in no State at all, continue to the next exception.

Example 1: Rajan is a sales consultant who usually works in the UK for a UK based company. In the relevant financial year, the company sends Rajan to perform work in Victoria for 8 months. After Rajan finishes his work, he will return to the UK. In this example, Rajan usually worked in a single State (Victoria).

Example 2: Leanne is a project officer. In the relevant financial year, she is employed by ProjectCo, a NSW-based consulting firm, to work remotely in Victoria. Every now and then she might need to travel to NSW for a day to attend a business seminar or workshop. In this example, Leanne usually worked in a single State (Victoria).

Example 3: Imogen is a truck driver employed by FreightFast, a NSW-based company. In the relevant financial year, she regularly delivers to locations across NSW and Victoria. In this example, Imogen usually worked in two States (NSW and Victoria).

For more information on what 'usually works' means, see our definition of important terms.

Your worker was usually based in a single State (Victoria)

If your worker usually worked in no State, or two or more States, then you'll need to identify the State they're usually based in.

If you determine that the worker was usually based in a single State (Victoria), then their remuneration is required to be included in your premium calculation in Victoria.

Example: At the end of each delivery route, Imogen has to visit FreightFast's depot in Victoria. This is to report to her manager in person and pick up new shipments. In this example, Imogen is usually based in a single State (Victoria).

For more information on what 'usually based' means, see our definition of important terms.

Definition of important terms

Usually works: Another way of saying 'regularly worked'. 

Usually based: If we ask you where a worker is usually based, what we mean is which State are your worker's duties usually managed from. This is a term that's decided by a number of different factors. No factor is decisive on its own, so you’ll need to use your judgement when deciding where a worker is usually based. These factors are:

• The work location specified in the employment contract
• The location the worker regularly visits in order to receive directions or collect materials and equipment for their work
• Any provision you've made of a place the worker is expected to work from
• Any camp site or accommodation you've provided
• Where the worker reports to in relation to their work
• Where the worker's wages are paid from

Where a worker lives does not influence where a worker is usually based.

Further help and resources

If you have a specific cross border query which has not been answered on this page, you can email [email protected] for technical premium assistance. For more information and assistance contact your WorkSafe agent or WorkSafe's Service Advisory.

If you need to update your remuneration, log in to your Online Employer Services insurance account. You can then recalculate your premium and pay it on the spot.

If you are a worker and have a specific query in regards to a claim, living overseas or any entitlements, please contact a WorkSafe advisor.

If your worker was injured and you have queries regarding state of connection, please contact your Agent for assistance in the first instance. 

If you pay remuneration to a cross border worker who works for you in another State, you can contact other States to help you understand your workers' compensation insurance responsibilities in those States: