Prisoners are not considered as employees as no contract exists and they are thus excluded from the majority of Australian employment legislation. This occurs despite working prisoners fitting the Work Health and Safety Act 2011 (NSW) definition of a worker. This is due to Section 103 of the Act stating that prisoners are not entitled to the same representation other workers obtain. It is imperative that work health and safety protocols in prisons are effectively implemented which can be achieved through prisoner input. In addition, it is necessary for working prisoners to be represented under the WHS Act 2011 (NSW).