The ACT work safety watchdog says it won't reclassify foster carers as workers under existing legislation.
Responding to a Canberra Times report on Monday that said foster carers were to be recognised as workers, WorkSafe ACT said the body did not have a role in making such a change.
The regulator's commissioner Jacqueline Agius said it had not and would not redefine a foster carer under the Work Health and Safety Act. While in some situations a volunteer foster carer can be considered as a worker, it was determined only on a case-by-case basis.
"This may apply where there is a requirement from the foster carer and a [foster care] agency to attend to certain matters which constitute work," Ms Agius said.
"However, normal parenting duties are not generally considered 'working' under the Act.
"We regulate within the scope of the Act to make sure that any persons conducting a business or undertaking are following their duties to maintain the health and safety of their workers."
Ms Agius said WorkSafe ACT would continue to work with foster care agencies in the ACT as part of the watchdog's regular operations.
"Worksafe ACT operates within a nationally consistent model of work health and safety laws and will continue to do so," Ms Agius said.
"It is not our role to determine whether foster carers are covered by workers compensation or whether they should have their medical costs covered.
"Workers compensation does not generally cover volunteer workers. Rather, workers compensation insurance provides protection for injuries suffered by people in the course of paid employment."
In September 2019, the Fair Work Commission deemed a Canberra foster carer as a worker.
The decision paved the way for a stop-bullying order against case managers with foster care agency Barnardos to proceed.
At the time of the decision, the ACT Foster Care Association believed the result could apply to all foster carers in Canberra. Foster carers have not been considered as workers for the purposes of work health and safety.
