NINTH SCHEDULESection 102Amendment of Work Injury Compensation Act 2019Amendment of long title
1. In the Work Injury Compensation Act 2019 (called in this Schedule the WICA), in the long title, after “employment”, insert “and to platform workers for injury suffered arising out of and in the course of their provision of platform services for platform operators,”.Amendment of section 22. In the WICA, in section 2 —
(a) after the definition of “adopted child”, insert —“ “approved employee insurance policy” means a policy of insurance in respect of all liabilities that an employer may incur under this Act in respect of the employees of the employer, issued or renewed on or after 1 September 2020, that complies with section 26(1);”;
(b) replace the definition of “approved policy” with —“ “approved platform worker insurance policy” means a policy of insurance in respect of all liabilities that a platform operator may incur under this Act in respect of the platform workers of the platform operator, issued or renewed on or after the date of commencement of paragraph 15 of the Ninth Schedule to the Platform Workers Act 2024, that complies with section 26(1);“approved policy” means an approved employee insurance policy or approved platform worker insurance policy;”;
(c) replace the definition of “average monthly earnings” or “AME” with —“ “average daily earnings” or “ADE”, in relation to a platform worker, means an amount computed in accordance with paragraph 6(1)(b) of Part 3 of the Fifth Schedule;“average monthly earnings” or “AME” —
(a) in relation to an employee, means an amount computed in accordance with paragraph 6 of the First Schedule; or
(b) in relation to a platform worker, means an amount computed in accordance with paragraph 6(1)(a) of Part 3 of the Fifth Schedule;”;
(d) replace the definition of “designated insurer” with —“ “designated employer’s insurer” means a licensed insurer, within the meaning of the Insurance Act 1966, that is designated by the Commissioner under section 31(1)(a) to provide insurance in respect of the liability of any employer to pay compensation under this Act;“designated insurer” means a designated employer’s insurer or designated PO’s insurer;“designated PO’s insurer” means a licensed insurer, within the meaning of the Insurance Act 1966, that is designated by the Commissioner under section 31(1)(b) to provide insurance in respect of the liability of any platform operator to pay compensation under this Act;”;
(e) replace the definition of “earnings” with —“ “earnings” —
(a) in relation to an employee, means all remuneration payable to the employee in respect of work done under the employee’s contract of service, and includes —
(i) privileges or benefits capable of being estimated in money and productivity incentive payments;
(ii) the value of any food or accommodation supplied to the employee by the employer, if as a result of the accident the employee is deprived of such food or accommodation; and
(iii) overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed,but does not include the following amounts:
(iv) travelling allowances;
(v) payments for any travelling concessions;
(vi) contributions paid by the employer towards any pension or provident fund for the employee;
(vii) payments to the employee to cover any special expenses incurred by the employee by reason of the nature of the employee’s employment; or
(b) in relation to a platform worker, means all payments payable to the platform worker in respect of the platform worker providing a platform service for a platform operator under a platform work agreement, but does not include the following amounts:
(i) contributions paid by the platform operator towards any pension or provident fund for the platform worker;
(ii) payments to the platform worker to cover any special expenses incurred by the platform worker by reason of the platform worker’s provision of the platform service;”;
(f) replace the definition of “employer’s insurer” with —“ “employer’s insurer” means a designated employer’s insurer with whom an employer has an approved employee insurance policy;”;
(g) in the definition of “injury” or “personal injury”, after “section 10(1)(c)”, insert “or 34G(1)(c)”;
(h) after the definition of “investigation officer”, insert —“ “lookback period” means the period determined in accordance with paragraph 6(2) of Part 3 of the Fifth Schedule;”;
(i) after the definition of “order of compensation”, insert —“ “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024;“platform operator’s insurer” means a designated PO’s insurer with whom a platform operator has an approved platform worker insurance policy;“platform service” has the meaning given by section 3 of the Platform Workers Act 2024;“platform work agreement” has the meaning given by section 2 of the Platform Workers Act 2024;“platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024;”;
(j) after the definition of “VCC Act”, insert —“ “work”, in relation to an individual, means the individual’s employment as an employee or the individual’s provision of a platform service as a platform worker, as the case may be;”; and
(k) in the definition of “work injury”, replace “employment” with “work”.Amendment of section 43. In the WICA, in section 4(1)(b) and (5)(a)(i) and (b)(i), replace “employment” with “work”.Amendment of section 54. In the WICA, in section 5, after “employees”, insert “and platform workers”.Amendment of section 115. In the WICA, in section 11 —
(a) in the section heading, delete “and apportionment of liability for compensation for disease”; and
(b) delete subsection (3).New section 11A6. In the WICA, after section 11, insert —“Apportionment of liability for compensation for disease11A. If an individual contracts a disease mentioned in section 10(1) or 34G(1) by a gradual process, such that 2 or more employers, 2 or more platform operators or a combination of one or more employers and one or more platform operators are severally liable to pay compensation under this Act in respect of the individual’s incapacity or death —
(a) the aggregate amount of the compensation payable by those employers or platform operators or both must not exceed the amount that would have been payable if there were only a single employer or single platform operator; and
(b) if all of those employers or platform operators or both do not come to an agreement on the apportionment of liability — each employer or platform operator is liable for the proportion of the compensation payable as determined in the manner prescribed.”.Amendment of section 127. In the WICA, in section 12, replace “and 11” with “, 11 and 11A”.Amendment of section 248. In the WICA, in section 24(1) —
(a) replace “approved policies” with “approved employee insurance policies”; and
(b) replace “designated insurers” with “designated employer’s insurers”.Amendment of section 259. In the WICA, in section 25 —
(a) in subsection (2), replace paragraphs (a) and (b) with —“(a)an offence under subsection (1);
(b) an offence under section 34P(1); or
(c) an offence under section 35(1)(b) of the repealed Act, whether the conviction was before, on or after 1 September 2020.”;
(b) in subsection (3)(a), delete “or” at the end;
(c) in subsection (3), replace paragraph (b) with —“(b)that any insurance policy entered into or maintained was not an approved employee insurance policy; or
(c) that the insurer was not a designated employer’s insurer,”; and
(d) in subsection (5), replace paragraphs (a) and (b) with —“(a)an offence under subsection (4);
(b) an offence under section 34P(4); or
(c) an offence under section 35(1)(a) of the repealed Act, whether the conviction was before, on or after 1 September 2020.”.Amendment of section 2610. In the WICA, in section 26 —
(a) replace subsection (2) with —“(2) The Minister may prescribe different sets of compulsory terms for different classes of approved policies, employers, employees, platform operators or platform workers, and the compulsory terms may also require approved policies to cover any other liability of the employer or platform operator (as the case may be) to pay compensation under common law or any other written law for a work injury of an employee or a platform worker, as the case may be.”;
(b) in subsection (3), after “an employer”, insert “or a platform operator”;
(c) in subsection (3), replace “employer’s liability” with “liability of the employer or platform operator (as the case may be)”;
(d) in subsection (4), replace “Subsection (3)” with “Where an insurer issues to an employer any insurance policy that purports to insure the whole or part of the employer’s liability for compensation under this Act, subsection (3)”;
(e) after subsection (4), insert —“(4A) Subject to section 47C(4), where an insurer issues to a platform operator any insurance policy that purports to insure the whole or part of the platform operator’s liability for compensation under this Act, subsection (3) does not impose any obligation or liability on the insurer to pay any amount in excess of the minimum amount (if any) prescribed for the purposes of section 34O(2) that applies to the platform operator.”;
(f) in subsection (5), after “subsection (3)”, insert “in respect of an employer’s liability for compensation under this Act”; and
(g) after subsection (5), insert —“(6) Where an insurer is liable to pay compensation pursuant to subsection (3) in respect of a platform operator’s liability for compensation under this Act, the references to the platform operator’s insurer in —
(a) sections 18, 19 and 21, as modified by section 34B;
(b) sections 40, 43, 48, 49, 51, 52, 54, 58 and 63, as modified by section 35B; and
(c) sections 16, 17, 27, 34J, 50(1)(b) and 82,apply as if they include references to that insurer.”.Amendment of section 2711. In the WICA, in section 27(1) —
(a) after “an employer’s insurer”, insert “or a platform operator’s insurer”; and
(b) after “the employer’s insurer”, insert “or platform operator’s insurer, as the case may be”.Amendment of section 3012. In the WICA, in section 30 —
(a) in subsection (1)(a), delete “on the first conviction —”;
(b) in subsection (1)(b), replace “on a second or subsequent conviction —” with “if the person is a repeat offender,”;
(c) in subsection (2)(a) and (b), replace “designated insurer” with “designated employer’s insurer”;
(d) after subsection (2), insert —“(2A) A person other than a person mentioned in subsection (2B) who offers, or enters into a contract, to provide insurance in respect of the liability of any platform operator to pay compensation under this Act shall be guilty of an offence and shall be liable on conviction —
(a) in the case of a first offence — to a fine not exceeding $80,000 for each insurance policy to which the conviction under this subsection applies; and
(b) if the person is a repeat offender — to a fine not exceeding $160,000 for each insurance policy to which the conviction under this subsection applies.(2B) Only the following persons may offer or enter into a contract (as the case may be) to provide the insurance mentioned in subsection (2A):
(a) a designated PO’s insurer that is not suspended under section 31(8)(b) or 34(1)(a);
(b) an insurance intermediary in respect of the insurance which is provided or to be provided by a designated PO’s insurer mentioned in paragraph (a).(2C) In subsections (1)(b) and (2A)(b), “repeat offender”, in relation to an offence under subsection (1) or (2A) respectively, means a person who —
(a) is convicted, or found guilty, of an offence under subsection (1) or (2A); and
(b) has been convicted, or found guilty, of any of the following offences on at least one other earlier occasion:
(i) an offence under subsection (1) (whether the conviction was before, on or after the date of commencement of paragraph 12 of the Ninth Schedule to the Platform Workers Act 2024);
(ii) an offence under subsection (2A).”;
(e) replace subsection (3) with —“(3) A person (whether or not a designated insurer) who offers, or enters into a contract, to provide —
(a) any insurance in respect of the liability of any employer to pay compensation under this Act which is not an approved employee insurance policy; or
(b) any insurance in respect of the liability of any platform operator to pay compensation under this Act which is not an approved platform worker insurance policy,shall be guilty of an offence and shall be liable on conviction —
(c) in the case of a first offence — to a fine not exceeding $80,000 for each insurance policy offered or provided in contravention of this subsection; and
(d) if the person is a repeat offender — to a fine not exceeding $160,000 for each insurance policy offered or provided in contravention of this subsection.(3A) In subsection (3)(d), “repeat offender”, in relation to an offence under subsection (3), means a person who —
(a) is convicted, or found guilty, of an offence under subsection (3); and
(b) has been convicted, or found guilty, of an offence under subsection (3) (whether the conviction was before, on or after the date of commencement of paragraph 12 of the Ninth Schedule to the Platform Workers Act 2024) on at least one other occasion.”;
(f) in subsection (4), after “subsection (1)”, insert “, (2A)”;
(g) in subsection (4)(a), after “employer”, insert “or platform operator (as the case may be)”;
(h) in subsection (5)(a), replace “employer’s liabilities” with “liabilities of the employer or platform operator (as the case may be)”; and
(i) in subsection (5)(b), replace “employer’s liability” with “liability of the employer or platform operator (as the case may be)”.Amendment of section 3113. In the WICA, in section 31 —
(a) replace subsection (1) with —“(1) The Commissioner may designate any licensed insurer, within the meaning of the Insurance Act 1966, that satisfies the prescribed requirements to be —
(a) a designated employer’s insurer to provide insurance in respect of the liability of any employer to pay compensation under this Act; or
(b) a designated PO’s insurer to pay insurance in respect of the liability of any platform operator to pay compensation under this Act.(1A) For the purposes of subsection (1), the Minister may prescribe different requirements for licensed insurers to be a designated employer’s insurer or designated PO’s insurer.”; and
(b) after subsection (11), insert —“(12) A designated insurer whose designation, before the date of commencement of paragraph 13 of the Ninth Schedule to the Platform Workers Act 2024, has not expired or been earlier cancelled under subsection (8)(a) or section 34 is deemed to be a designated employer’s insurer for the remainder of the period (if any) specified by the Commissioner in the designation under subsection (6).”.Amendment of section 3214. In the WICA, in section 32(2)(a), replace “an employer’s liability” with “the liability of an employer or a platform operator (as the case may be)”.Amendment of section 3315. In the WICA, in section 33 —
(a) in subsection (1)(a), replace “and Part 4” with “, Part 3A and Part 4”;
(b) in subsection (1)(a)(i), after “an employer”, insert “or a platform operator, as the case may be”;
(c) in subsection (1)(a)(ii), after “an employer”, insert “or each platform worker of a platform operator (as the case may be)”;
(d) in subsection (1), replace paragraph (c) with —“(c)disclose or publish to any designated insurer the information specified in subsection (1A).”;
(e) after subsection (1), insert —“(1A) The information mentioned in subsection (1)(c) is the following:
(a) in relation to a designated employer’s insurer —
(i) any information or returns obtained under subsection (1)(a) as the Commissioner thinks necessary for the purposes of this Act; and
(ii) the following information derived from any information under the control of the Ministry of Manpower:
(A) workforce data, including size and aggregated payroll for all, or any class of, employees of each employer insured under an approved employee insurance policy;
(B) work injury claims data for all, or any class of, employees of each employer insured under an approved employee insurance policy;
(b) in relation to a designated PO’s insurer —
(i) any information or returns obtained under subsection (1)(a) as the Commissioner thinks necessary for the purposes of this Act; and
(ii) the following information derived from any information under the control of the Ministry of Manpower:
(A) workforce data, including size and aggregated earnings for all, or any class of, platform workers providing any platform service for each platform operator insured under an approved platform worker insurance policy;
(B) work injury claims data for all, or any class of, platform workers providing any platform service for each platform operator insured under an approved platform worker insurance policy.”; and
(f) in subsection (2), replace “subsection (1)(c)(ii)” with “subsection (1A)(a)(ii) and (b)(ii)”.Amendment of section 3416. In the WICA, in section 34(1) —
(a) in paragraph (a), after “designated insurer”, insert “as a designated employer’s insurer or designated PO’s insurer (as the case may be)”; and
(b) in paragraph (c), replace “approved policy” with “approved employee insurance policy or approved platform worker insurance policy (as the case may be)”.New Part 3A17. In the WICA, after Part 3, insert —“Part 3AAPPLICATION OF PARTS 2 AND 3 TO PLATFORM OPERATORS AND PLATFORM WORKERSInterpretation of this Part34A. In this Part, “work stage 1” and “work stage 2”, in relation to a platform service, have the meanings given by paragraph 1(3) of Part 1 of the Fifth Schedule.Application of Part 234B. Part 2 of this Act applies in relation to a platform operator and platform worker as it does in relation to an employer and employee, with the following modifications:
(a) the sections in the second column of the following table (called the applicable section) apply in lieu of the sections in the first column (called the replaced section), and any reference in any other written law to a replaced section is to be read as a reference to the applicable section:First columnReplaced sectionSecond columnApplicable section(i)734D(ii)834F(iii)1034G(iv)1134H(v)1234I(vi)1434K(vii)1534L(viii)1634M(ix)1734N;
(b) in sections 18, 19, 20, 21 and 23, any reference in the first column of the following table is to be read as the corresponding reference in the second column of the table:First columnReference Second columnCorresponding reference(i)an employee a platform worker(ii)an employer a platform operator(iii)an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement(iv)a contract of service a platform work agreement(v)an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement(vi)a work injury to an employee a work injury to a platform worker(vii)the earnings of an employee the earnings of a platform worker(viii)an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE;
(c) sections 3 and 13 do not apply to platform operators or platform workers.Application of Part 334C. Part 3 of this Act applies in relation to a platform operator and platform worker as it does in relation to an employer and employee, with the following modifications:
(a) the sections in the second column of the following table (called the applicable section) apply in lieu of the sections in the first column (called the replaced section), and any reference in any other written law to a replaced section is to be read as a reference to the applicable section:First columnReplaced sectionSecond columnApplicable section(i)2434O(ii)2534P;
(b) in sections 28 and 29, any reference in the first column of the following table is to be read as the corresponding reference in the second column of the table:First columnReference Second columnCorresponding reference(i)an employee a platform worker(ii)an employer a platform operator(iii)an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement(iv)a contract of service a platform work agreement(v)an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement(vi)a work injury to an employee a work injury to a platform worker(vii)the earnings of an employee the earnings of a platform worker(viii)an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE(ix)an employer’s liability a platform operator’s liability(x)an employee’s claim a platform worker’s claim(xi)First Schedule Fifth Schedule.Platform operator’s liability to compensate for work injury34D.—
(1) Subject to subsection (2) and section 34E, where personal injury is caused to a platform worker by an accident arising out of and in the course of the platform worker’s provision of a platform service for a platform operator, that platform operator is liable to pay compensation under this Act.(2) A platform operator is not liable to pay compensation in respect of any of the following:
(a) any injury to a platform worker resulting from an accident if —
(i) it is proven that the injury to the platform worker is directly attributable to the platform worker being, at the time of the accident, under the influence of alcohol or a drug;
(ii) it is proven that the platform worker, at the time of the accident, contravened or did not comply with any written law specified in Part 1 of the Sixth Schedule in relation to the platform worker’s use of any vehicle in the course of providing a platform service for the platform operator; or
(iii) all of the following are proven:
(A) the platform worker used any vehicle in the course of providing a platform service for the platform operator;
(B) the platform worker, at the time of the accident, contravened or did not comply with any written law specified in Part 2 of the Sixth Schedule in relation to the vehicle mentioned in sub‑paragraph (A);
(C) the contravention or non‑compliance mentioned in sub‑paragraph (B) caused or contributed to the accident;
(b) deliberate self‑injury or the deliberate aggravation of an accidental injury by a platform worker;
(c) any injury to a platform worker suffered in a fight or an assault on one or more persons unless —
(i) the platform worker did not assault any other person in the fight or, if the platform worker did assault any person, it was done in the exercise of the right of private defence in accordance with sections 97 to 106A of the Penal Code 1871; or
(ii) the platform worker was, at the time when the injury was suffered —
(A) breaking up or preventing the fight or assault; or
(B) in the course of safeguarding life or any property of any person or maintaining law and order,under any instruction or with the consent (express or implied) of the platform operator.(3) In subsection (2)(a)(i), “drug” has the meaning given by section 7(3)(a) or (b)(i).(4) For the purposes of this Act, an accident arising in the course of a platform worker’s provision of a platform service under a platform work agreement with a platform operator is deemed, in the absence of evidence to the contrary, to have arisen out of the platform worker’s provision of the platform service for the platform operator.Platform operator’s liability — platform worker performing tasks for multiple platform operators at time of accident34E.—
(1) Subsection (2) applies where personal injury is caused to a platform worker by an accident arising out of and in the course of the platform worker providing any one or more platform services for 2 or more platform operators concurrently.(2) In the circumstances mentioned in subsection (1), the platform operator or platform operators liable to pay compensation under this Act are determined as follows:
(a) all of the platform operators for whom the platform worker, at the time of the accident, was at work stage 2 of any of the platform services that the platform worker was providing at that time;
(b) where, at the time of the accident, the platform worker was not at work stage 2 of any platform service for any platform operator — all of the platform operators for whom the platform worker was at work stage 1 of any of the platform services that the platform worker was providing at that time.(3) Where 2 or more platform operators are liable to pay compensation pursuant to subsection (2), the proportion of liability of each platform operator is determined by the proportion which the platform worker’s earnings with that platform operator during the lookback period bears to the aggregate of the platform worker’s earnings during the lookback period with all platform operators who are liable to pay compensation pursuant to that subsection.Certain accidents deemed to be in course of provision of platform service34F.—
(1) An accident is deemed to arise out of and in the course of a platform worker’s provision of a platform service for a platform operator if the accident happens to the platform worker while he or she —
(a) is at work providing the platform service; and
(b) is taking steps, on an actual or supposed emergency —
(i) to rescue or protect any person who is, or is thought to be or possibly to be, injured or imperilled; or
(ii) to avert or minimise damage to or loss of property.(2) Despite an accident happening to the platform worker while the platform worker is acting in contravention of any written law or other regulations applicable to the provision of a platform service for, or of any instructions given by or on behalf of, the platform operator, the accident is deemed to arise out of and in the course of the platform worker’s provision of the platform service for the platform operator if —
(a) the accident would have been taken to have arisen out of and in the course of the platform worker’s provision of the platform service for the platform operator, had the platform worker not acted in that manner; and
(b) that act was done for the purposes and in connection with the provision of the platform service for the platform operator.Platform operator’s liability to compensate for diseases34G.—
(1) Subject to subsections (2), (3), (4) and (5) and section 34H, where the incapacity or death of a platform worker (A) results from a disease contracted in any of the following circumstances, compensation is payable as if the disease were a work injury and this Act applies accordingly:
(a) A, while working in any specified occupation in the course of providing a platform service for a platform operator, contracts an occupational disease specified for that occupation;
(b) A, after ceasing to work in a specified occupation in the course of providing a platform service for a platform operator, contracts an occupational disease specified for that occupation within the limitation period for that disease;
(c) A contracts, on or after the date of commencement of paragraph 17 of the Ninth Schedule to the Platform Workers Act 2024, a disease that —
(i) is not specified in the first column of the Second Schedule; and
(ii) is directly attributable to an exposure to a chemical or biological agent and the exposure arises out of and in the course of the platform worker’s provision of a platform service for a platform operator.(2) When a platform worker enters into a platform work agreement with a platform operator under which the platform worker works or will work in any specified occupation in the course of providing a platform service for the platform operator, the platform worker must, if requested to do so by the platform operator, submit to examination by a health professional paid for by the platform operator.(3) No compensation is payable by a platform operator under this section in respect of the incapacity or death of a platform worker resulting from —
(a) an occupational disease specified in the first column of the Second Schedule for an occupation if —
(i) the platform worker contracts the occupational disease on or after the date of commencement of paragraph 17 of the Ninth Schedule to the Platform Workers Act 2024; and
(ii) the platform worker’s incapacity commences or death happens after the end of the limitation period for that occupational disease; or
(b) a disease mentioned in subsection (1)(c), if the platform worker’s incapacity commences or death happens more than one year after the platform worker ceases to be exposed to the chemical or biological agent mentioned in that subsection.(4) Subsection (3) does not apply to the death of a platform worker where the death is preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under subsection (1).(5) In this section, the limitation period for an occupational disease specified for an occupation is the period specified in the third column of the Second Schedule for that disease, starting on the day after the platform worker ceased to work in that occupation in the course of providing a platform service for a platform operator.(6) In this section, “specified occupation” means an occupation specified in the second column of the Second Schedule.Compensation for disease — date of accident34H.—
(1) For the purposes of calculating the platform worker’s ADE for the computation of compensation payable by a platform operator under section 34G(1)(a), (b) or (c), the date of the accident is taken to be the earliest of the following dates:
(a) the last day that the platform worker provides a platform service for the platform operator mentioned in section 34G(1)(a), (b) or (c), as the case may be;
(b) the date of commencement of the incapacity of the platform worker;
(c) the date of the platform worker’s death.(2) For all other purposes of this Act in relation to compensation payable under section 34G(1)(a), (b) or (c), the date of the accident is taken to be —
(i) the date of commencement of the incapacity of the platform worker; or
(ii) the date on which a health professional certifies that, in the health professional’s opinion, the platform worker is suffering from the disease mentioned in section 34G(1); or
(b) if there has been no previous period of incapacity — the date of the platform worker’s death.Compensation payable to platform worker for disease limited to work injuries34I. Except as provided in sections 11A, 34D, 34F, 34G and 34H, no compensation is payable to a platform worker in respect of any disease unless the disease is directly attributable to a specific work injury.Claims involving provision of platform service under illegal platform work agreement34J. Despite a claimant providing a platform service for a platform operator under a platform work agreement that was illegal at the time when the accident causing the injury happened, the Commissioner or the court may, having regard to all the circumstances of the case, deal with the case, or direct the platform operator’s insurer to deal with the case, as if the claimant had at that time been providing the platform service for the platform operator under a valid platform work agreement.Computation of compensation for platform worker34K. The compensation for a platform worker under this Part is to be computed in accordance with the Fifth Schedule.Assessment of permanent incapacity or current incapacity of platform worker34L.—
(1) For the purposes of determining the permanent incapacity or current incapacity of a platform worker resulting from the platform worker’s work injury, an accepted medical report is evidence of the platform worker’s —
(a) permanent total incapacity or permanent partial incapacity, assessed by the health professional who made the report at any time after the date of the accident that caused the work injury; or
(b) current total incapacity or current partial incapacity, at the time of the assessment by the health professional who made the report, assessed at the earliest opportunity but not earlier than 6 months after the date of the accident that caused the work injury.(2) Subsection (1)(b) does not apply to any incapacity resulting from the diseases mentioned in section 34G(1).Compensation for medical treatment received by platform worker34M.—
(1) A platform operator is liable to pay compensation in accordance with paragraph 5 of the Fifth Schedule for medical treatment received by a platform worker for a work injury that —
(a) is provided by a health professional or at an approved medical institution; and
(b) is certified by any attending health professional to be necessary.(2) The compensation payable under subsection (1) for medical treatment received at an approved medical institution by the platform worker must be paid directly to the proprietor of the approved medical institution, after deducting any amount previously paid by or on behalf of the platform worker to the proprietor of the approved medical institution for the medical treatment.(3) The proprietor of an approved medical institution is entitled to recover the compensation (less the deductions) mentioned in subsection (2) directly from the platform operator.(4) Where the cost of any medical treatment that the platform operator is liable to pay under subsection (1) is paid by the platform worker or by any other person on behalf of the platform worker, the platform worker or that other person is entitled to recover the cost from the platform operator.(5) Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s platform operator or platform operator’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to reimburse the payer or the Commissioner (as the case may be) for such payment if —
(a) the claim in respect of that work injury is withdrawn, and is not resumed, under section 41, as modified by section 35B;
(b) an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or
(c) the payment was made on the basis of any error or any false or misleading information.(6) Subsection (5) applies to the payer only if —
(a) the payer applies to the Commissioner for the reimbursement within the prescribed time and in the form and manner required by the Commissioner; and
(b) the claimant has been given a reasonable opportunity to make representations to the Commissioner.(7) Any reimbursement ordered under subsection (5) is recoverable directly from the claimant.Compensation for temporary incapacity of platform worker34N.—
(1) Where any work injury results in the temporary incapacity of a platform worker, the compensation the platform operator is liable under this Act to pay to the platform worker is a periodical payment that is —
(a) an amount specified in the Fifth Schedule; and
(b) payable in accordance with subsection (2).(2) For the purposes of subsection (1)(b), a periodical payment is payable —
(a) where the platform operator receives, no later than the 14th day of a calendar month (called in this subsection the relevant day), a certificate of a health professional in respect of the work injury to the platform worker — not later than 16 days after the relevant day; or
(b) where the platform operator receives, after the relevant day but no later than the last day of a calendar month, a certificate of a health professional in respect of the work injury to the platform worker — not later than the 13th day of the following calendar month.(3) The Commissioner may review any periodical payment for temporary incapacity on the application of the platform worker, the platform operator or the platform operator’s insurer, if accompanied by a certificate of a health professional that there has been a change in the condition of the platform worker.(4) Subject to the provisions of this Act, the Commissioner may, on a review under subsection (3), direct any periodical payment to the platform worker for temporary incapacity to be continued, increased, decreased or ended.(5) Any periodical payments for temporary incapacity may be commuted into a lump sum, of an amount agreed between the platform operator liable to make the periodical payments and the platform worker, after —
(a) the periodical payments have continued for not less than 6 months; and
(b) the Commissioner consents.(6) Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s platform operator or platform operator’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to refund such payment if —
(a) the claim in respect of that work injury is withdrawn, and is not resumed, under section 41, as modified by section 35B;
(b) an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or
(c) the payment was made on the basis of any error or any false or misleading information.(7) Subsection (6) applies to the payer only if —
(a) the payer applies to the Commissioner for the refund within the prescribed time and in the form and manner required by the Commissioner; and
(b) the claimant has been given a reasonable opportunity to make representations to the Commissioner.(8) Any refund ordered under subsection (6) is recoverable directly from the claimant.Platform operator must be insured against liabilities under Act in relation to platform workers34O.—
(1) Every platform operator must insure and maintain insurance under one or more approved platform worker insurance policies with one or more designated PO’s insurers against all liabilities that the platform operator may incur under this Act in respect of every platform worker who provides a platform service for the platform operator.(2) Subsection (1) applies subject to any minimum prescribed amount for which a platform operator must be insured in respect of any of the platform operator’s liabilities under this Act.Offences by platform operator in relation to insurance34P.—
(1) A platform operator that contravenes section 34O(1) shall be guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b) if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(2) For the purposes of subsection (1)(b), “repeat offender”, in relation to an offence under subsection (1), means a person who —
(a) is convicted, or found guilty, of an offence under subsection (1); and
(b) has been convicted, or found guilty, of any of the following offences on at least one other occasion:
(i) an offence under subsection (1);
(ii) an offence under section 25(1);
(iii) an offence under section 35(1)(b) of the repealed Act, whether the conviction was before, on or after 1 September 2020.(3) It is not a defence to a charge for an offence under subsection (1) that the platform operator did not know —
(a) the number of platform workers who provide a platform service for the platform operator, or the extent of the platform operator’s liability, that the platform operator must be insured against;
(b) that any insurance policy entered into or maintained was not an approved platform worker insurance policy; or
(c) that the insurer was not a designated PO’s insurer,unless the platform operator had taken all reasonable steps to ascertain those matters.(4) A platform operator that, for the purpose of defraying or partly defraying the cost of insurance required under section 34O, makes any deduction from the earnings of a platform worker who provides a platform service for the platform operator shall be guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
(b) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.(5) For the purposes of subsection (4)(b), “repeat offender”, in relation to an offence under subsection (4), means a person who —
(a) is convicted, or found guilty, of an offence under subsection (4); and
(b) has been convicted, or found guilty, of any of the following offences on at least one other occasion:
(i) an offence under subsection (4);
(ii) an offence under section 25(4); (iii)an offence under section 35(1)(a) of the repealed Act, whether the conviction was before, on or after 1 September 2020.”.Amendment of section 3518. In the WICA, in section 35 —
(a) in the section heading, after “employer”, insert “or platform operator”;
(b) replace subsection (1) with —“(1) A claim for compensation under this Act is deemed to be made —
(a) by an employee when the employer first has notice of an accident giving rise to the employee’s work injury; or
(b) by a platform worker when the platform operator first has notice of an accident giving rise to the platform worker’s work injury.”;
(c) after subsection (2), insert —“(2A) A platform operator has notice of an accident for the purposes of this Act when either of the following events occurs:
(a) the platform worker informs any of the following persons of the date and place of the accident and the cause of the injury:
(i) the platform operator;
(ii) any person designated for the purpose by the platform operator;
(b) the platform operator has knowledge of the accident by any other means.”;
(d) replace subsection (3) with —“(3) Every employer or platform operator must, within the prescribed time after the employer or platform operator (as the case may be) first has notice of an accident giving rise to work injury to the claimant, give notice of the accident to —
(a) the Commissioner in the form and manner specified by the Commissioner; and
(b) the employer’s insurer or platform operator’s insurer (as the case may be) in writing.”;
(e) replace subsection (5) with —“(4A) A platform worker must, as soon as possible after sustaining a work injury in an accident, notify the platform operator or any of the other persons mentioned in subsection (2A)(a).(5) A claim under this Act is deemed to be withdrawn if the employer or platform operator (as the case may be) of the claimant does not have notice of the claimant’s accident at the end of whichever period specified in paragraph (a), (b) or (c) that ends last:
(a) one year after the date of the claimant’s accident;
(b) if the claimant dies within the period mentioned in paragraph (a), one year after the date of the claimant’s death;
(c) any period ending on a later date specified under subsection (6).”;
(f) in subsection (7), replace “employee” with “claimant”; and
(g) in subsection (8), after “employer”, insert “or a platform operator”.New sections 35A and 35B19. In the WICA, after section 35, insert —“Directions by Commissioner — processing of claims35A.—
(1) This section applies where —
(a) an accident gives rise to an individual’s work injury; and
(b) a claim for compensation is deemed to be made by the individual under section 35.(2) Where the Commissioner is satisfied that, at the time of the accident, the individual was at work as an employee only, the Commissioner may direct that the claim be dealt with under section 36.(3) Where the Commissioner is satisfied that, at the time of the accident, the individual was a platform worker at work providing a platform service for any platform operator only, the Commissioner may do any of the following:
(a) direct a platform operator’s insurer for an applicable platform operator to process the claim under Division 2A of this Part;
(b) give notice that the Commissioner will process the claim under Division 3 of this Part, as modified by section 35B, and direct all or any of the following persons to do anything to facilitate the processing of the claim by the Commissioner:
(i) an applicable platform operator;
(ii) a platform operator’s insurer for that applicable platform operator.(4) Where the Commissioner is satisfied that, at the time of the accident, the individual was concurrently at work as an employee and as a platform worker, the Commissioner may do any of the following:
(a) where the Commissioner is satisfied that the individual’s AME as an employee is higher than the individual’s AME as a platform worker —
(i) direct that, despite any other provision of this Act, the individual’s claim be treated as a claim for compensation made by an employee; and
(ii) do anything under subsection (2);
(b) where the Commissioner is satisfied that the individual’s AME as a platform worker is higher than the individual’s AME as an employee —
(i) direct that, despite any other provision of this Act, the individual’s claim be treated as a claim for compensation made by a platform worker; and
(ii) do anything under subsection (3);
(c) give notice to the following persons that the Commissioner will process the individual’s claim in accordance with this Act and require all or any of those persons to do any thing to facilitate the processing of the individual’s claim by the Commissioner:
(i) an applicable employer and an employer’s insurer for that applicable employer;
(ii) an applicable platform operator and a platform operator’s insurer for that applicable platform operator.(5) The Commissioner must process a claim for compensation under this Act in respect of a platform worker’s work injury in accordance with Division 3 of this Part, as modified by section 35B, if the Commissioner —
(a) is satisfied that there is no platform operator’s insurer insuring the platform operator’s liability under this Act in respect of the claimant’s work injury; or
(b) decides to process the claim in any particular case, including under section 47H(b) or 50(2)(ba).(6) In this section —“applicable employer”, in relation to an individual, means any employer of the individual at the time of the accident mentioned in subsection (1)(a);“applicable platform operator”, in relation to an individual, means any platform operator for whom the individual was providing a platform service at the time of the accident mentioned in subsection (1)(a).Application of Part 4 to platform operators and platform workers35B. Part 4 of this Act applies to platform operators and platform workers as it does to employers and employees, with the modification that sections 37, 38, 40, 41, 42, 43, 48, 49, 51 to 63 and 64 (except section 64(1)(b)(ii)) apply in relation to a platform operator or platform worker as if any reference mentioned in the first column of the following table is to the corresponding reference mentioned in the second column of the table:First columnReference Second columnCorresponding reference(a)an employee a platform worker(b)an employer a platform operator(c)an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement(d)a contract of service a platform work agreement(e)an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement(f)a work injury to an employee a work injury to a platform worker(g)the earnings of an employee the earnings of a platform worker(h)an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE(i)an employer’s insurer a platform operator’s insurer(j)an employer’s insurance policy a platform operator’s insurance policy(k)an employer’s liability a platform operator’s liability(l)an employee’s claim a platform worker’s claim(m)First Schedule Fifth Schedule.”.Amendment of section 3920. In the WICA, in section 39 —
(a) in subsection (1), after “employee”, insert “or platform worker”;
(b) replace subsection (2) with —“(2) Subsection (1) does not apply —
(a) in relation to an employee who has made a deemed claim for a work injury — where the employer’s insurer or the Commissioner notifies the employee that the employee is being assessed for permanent incapacity or current incapacity; or
(b) in relation to a platform worker who has made a deemed claim for a work injury — where the platform operator’s insurer or the Commissioner notifies the platform worker that the platform worker is being assessed for permanent incapacity or current incapacity.”;
(c) in subsection (3)(b), replace “employee’s injury” with “injury to the employee or platform worker (as the case may be)”; and
(d) in subsection (4), after “employee”, insert “or a platform worker”.Amendment of section 4421. In the WICA, in section 44, in the section heading, replace “Insurer’s process” with “Employer’s insurer’s process”.Amendment of section 4522. In the WICA, in section 45 —
(a) in the section heading, replace “designated insurer’s” with “designated employer’s insurer’s”; and
(b) in paragraph (a), replace “designated insurer” with “designated employer’s insurer”.New Division 2A of Part 423. In the WICA, in Part 4, after Division 2, insert —“Division 2A — Processing by platform operator’s insurerRelevant platform operator47A.—
(1) For the purposes of processing a platform worker’s claim for compensation under this Act that arises from an accident arising out of and in the course of the platform worker’s provision of any platform service, the platform operator of the platform worker is —
(a) where, at the time of the accident, the platform worker was at work providing one or more platform services for one platform operator — that platform operator; or
(b) where, at the time of the accident, the platform worker was at work providing one or more platform services for 2 or more platform operators — the platform operator designated under subsection (2) (called in this Division the relevant platform operator).(2) Where —
(a) at the time of the accident, the platform worker was at work providing one or more platform services for 2 or more platform operators; and
(b) 2 or more of the platform operators mentioned in paragraph (a) are liable to pay compensation under this Act to the platform worker,the Commissioner may by written notice designate any platform operator mentioned in paragraph (b) as the relevant platform operator in respect of the platform worker’s claim for compensation under this Act arising from the accident.(3) A notice issued under subsection (2) must —
(a) identify the platform worker who sustained personal injury and specify the date, time and location of the accident; and
(b) be served on the relevant platform operator and the platform operator’s insurer of the relevant platform operator.Platform operator’s insurer’s process47B.—
(1) Unless the Commissioner has notified a platform operator’s insurer that the Commissioner or another insurer will process a claim, the platform operator’s insurer must process the platform operator’s liability to pay compensation in accordance with this Act expeditiously —
(a) on receipt of a notice of an accident from the platform operator under section 35(3)(b);
(b) on receipt of a notice of resumption of the claim under section 41(2)(a), as modified by section 35B; or
(c) on the Commissioner’s direction.(2) If the platform operator’s insurer is of the view that the platform operator’s insurance policy with the platform operator’s insurer does not insure the platform operator’s liability to the claimant in respect of the accident, the platform operator’s insurer must notify the Commissioner and the platform operator within the prescribed time.(3) If the Commissioner is not notified in accordance with subsection (2), the platform operator’s insurer must process the claim and serve a notice of computation on the claimant and the platform operator, stating —
(a) the amount of compensation payable in respect of the claim, computed in accordance with the Fifth Schedule; or
(b) that compensation is refused because —
(i) the accident to which the claim relates did not arise out of or in the course of the claimant’s provision of a platform service for the platform operator; or
(ii) the claimant was not a platform worker within the meaning of this Act.(4) Regulations made under section 82 may prescribe the circumstances in which the platform operator’s insurer need not serve a notice of computation under subsection (3).(5) Subject to section 47D(5), a notice of computation under subsection (3) that is served on the claimant and the platform operator is deemed to have been agreed upon by them, and has the effect of an order of compensation —
(a) where no notice of objection under section 46 is received by the Commissioner within a period of 14 days after the date of service of the notice of computation — on the 15th day after the date of service of the notice of computation; or
(b) where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of computation — on the 29th day after the date of service of the notice of computation.(6) For the purposes of subsection (5) and sections 46(2) and 47C, where a platform operator’s insurer issues a notice of computation, the date the notice of computation is issued is deemed to be the date of service of the notice of computation on the platform operator’s insurer.Additional provisions where other platform operators liable pursuant to section 34E47C.—
(1) Where the platform operator’s insurer of the relevant platform operator processing a claimant’s claim under section 47B (called in this Division the relevant PO’s insurer) is satisfied that any other platform operator is liable to pay compensation to the claimant pursuant to section 34E, the relevant PO’s insurer must —
(a) process the liability of the other platform operator and issue a notice of computation in accordance with section 47B(3); and
(b) do either of the following on behalf of the other platform operator:
(i) pay any compensation in respect of the platform worker’s work injury that is payable under this Act;
(ii) deposit with the Commissioner any compensation in respect of the platform worker’s work injury that is payable under this Act.(2) The Commissioner may direct any platform operator’s insurer (Y) of any platform operator (other than the relevant platform operator) mentioned in subsection (1) (Z) to do any thing to facilitate the relevant PO’s insurer’s processing, in accordance with subsection (1)(a), of Z’s liability under this Act.(3) The relevant PO’s insurer must —
(a) serve the notice of computation issued under subsection (1)(a) on the claimant, Y and Z; and
(b) inform Y and Z of the amount representing the compensation payable in respect of the platform worker’s work injury by Z.(4) Where the notice of computation issued by the relevant PO’s insurer under subsection (1)(a) has the effect of an order of compensation under section 47B(5), the relevant PO’s insurer must, in accordance with section 18, as modified by section 34B, pay or deposit the amount of compensation stated in the notice of computation, whether or not that amount exceeds the amount insured under any insurance policy of the relevant platform operator.(5) Subsection (4) applies to the relevant PO’s insurer despite section 47F or any provision in an approved platform worker insurance policy between the relevant PO’s insurer and the relevant platform operator.(6) Except where subsection (7) applies and subject to section 47E, Y must, within the prescribed period starting on the date on which the relevant PO’s insurer made payment or deposit in accordance with subsection (4), reimburse the relevant PO’s insurer for the amount representing the proportion of the compensation payable by Z.(7) Subject to section 47E, where Z does not maintain insurance under any approved platform worker insurance policy with any designated PO’s insurer, Z must, within the period prescribed for the purposes of subsection (6), reimburse the relevant PO’s insurer for the amount representing the proportion of the compensation payable by Z.Objection to notice of computation issued under section 47B(3)47D.—
(1) Where any of the following persons is aggrieved by a notice of computation issued under section 47B(3) in relation to a claim, that person may give the Commissioner a notice of objection:
(b) the platform operator or any other person named in the notice of computation as being liable to pay any compensation under the claim;
(c) the platform operator’s insurer who issued the notice of computation.(2) A notice of objection under subsection (1) must state precisely the grounds of objection and must be given —
(a) before the expiry of —
(i) 14 days after the date of service of the notice of computation; or
(ii) if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub‑paragraph (i) expires; and
(b) in the form and manner required by the Commissioner.(3) Any change to the computation of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)(a)(ii).(4) A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner.(5) If a notice of objection in respect of a notice of computation is accepted under subsection (2)(a)(ii) after the notice of computation has the effect of an order of compensation under section 47B(5) —
(a) that order of compensation ceases to have effect, unless it has been enforced under section 60, as modified by section 35B; and
(b) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph (a) is deemed to have effect under section 47B(5) starting on the date of the withdrawal.Objection to notice of computation issued under section 47C(1)(a)47E.—
(1) Subsections (2) and (3) apply where —
(a) the relevant PO’s insurer serves a notice of computation issued under section 47C(1)(a) on the following persons in accordance with section 47C(3):
(i) any platform operator mentioned in section 47C(1) (other than the relevant platform operator) (Z);
(ii) any platform operator’s insurer (Y) of Z; and
(b) Y or Z is aggrieved by the notice of computation in respect of —
(i) Z’s liability to pay compensation in respect of the platform worker’s injury under this Act; or
(ii) the amount which Y must reimburse the relevant PO’s insurer in accordance with section 47C(6), or which Z must reimburse the relevant PO’s insurer in accordance with section 47C(7), as the case may be.(2) Y or Z must, before the expiry of 7 days after the date of service of the notice of computation on Y or Z (as the case may be), give the relevant PO’s insurer a notice in the form and manner required by the Commissioner.(3) Where the relevant PO’s insurer receives a notice given under subsection (2), the relevant PO’s insurer must, before the expiry of 14 days after the date the notice of computation is issued, give the Commissioner a notice of objection in the form and manner required by the Commissioner.(4) The relevant PO’s insurer must ensure that the notice of objection mentioned in subsection (3) accurately sets out all grounds of objection set out in the notice given by Y or Z (as the case may be) to the relevant PO’s insurer under subsection (2).(5) If —
(a) Y or Z gives the relevant PO’s insurer a notice in accordance with subsection (2);
(b) the relevant PO’s insurer fails to give the Commissioner a notice of objection in accordance with subsection (3); and
(c) Y or Z has reason to believe that the relevant PO’s insurer’s failure to give the notice of objection to the Commissioner is due to any error or fraud by the relevant PO’s insurer,Y or Z may give the Commissioner a notice of objection before the expiry of 30 days after the period mentioned in subsection (2) in the form and manner required by the Commissioner.(6) The notice of objection mentioned in subsection (5) must state precisely the grounds of objection by Y or Z, as the case may be.(7) If a notice of objection is accepted under subsection (5) after the notice of computation has the effect of an order of compensation under section 47B(5) —
(a) that order of compensation ceases to have effect, unless it has been enforced under section 60, as modified by section 35B; and
(b) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph (a) is deemed to have effect under section 47B(5) starting on the date of the withdrawal.(8) Where Y or Z —
(a) gives the relevant PO’s insurer a notice in accordance with subsection (2); or
(b) gives the Commissioner a notice of objection in accordance with subsection (5),the following applies:
(c) Y’s obligation to reimburse the relevant PO’s insurer in accordance with section 47C(6), or Z’s obligation to reimburse the relevant PO’s insurer in accordance with section 47C(7) (as the case may be), remains in force despite Y or Z (as the case may be) notifying the objection;
(d) Y’s payment of any amount to the relevant PO’s insurer in accordance with section 47C(6), or Z’s payment of any amount to the relevant PO’s insurer in accordance with section 47C(7), does not constitute an admission of liability by Y or Z in respect of —
(i) Z’s liability to pay compensation in respect of the platform worker’s injury under this Act; or
(ii) the amount which Y must reimburse the relevant PO’s insurer in accordance with section 47C(6), or which Z must reimburse the relevant PO’s insurer in accordance with section 47C(7), as the case may be.(9) Without affecting any other provision of this Act relating to the Commissioner’s powers in determining the compensation payable under this Act, where a notice of objection is given under subsection (3) or (5), the Commissioner may —
(a) review the notice of computation issued by the relevant PO’s insurer, with or without conducting a hearing; and
(b) make either of the following orders:
(i) an order affirming the notice of computation issued by the relevant PO’s insurer;
(ii) an order for the payment of compensation or refusal of compensation, as the Commissioner thinks just.(10) Where the Commissioner makes an order mentioned in subsection (9)(b)(ii), the order may additionally require the relevant PO’s insurer to refund any amount paid to the relevant PO’s insurer by Y or Z, as the case may be.(11) In a review under subsection (9)(b), the Commissioner must disregard any ground of objection that is not contained in the notice of objection given under subsection (3) or (5).(12) When making an order under subsection (9)(b), the Commissioner may also, subject to regulations made under section 82, order costs of and incidental to any proceedings before the Commissioner.Payment of compensation by platform operator’s insurer47F. Where the platform operator is liable to pay an amount of compensation stated in a notice of computation that, under section 47B(5), has the effect of an order of compensation, the platform operator’s insurer must, in accordance with section 18, as modified by section 34B, pay or deposit that amount, up to the amount insured under that platform operator’s insurance policy with the platform operator’s insurer.Recovery of amounts payable under section 47C(6) or (7)47G.—
(1) Except where subsection (2) applies, the relevant PO’s insurer is entitled to recover directly from a platform operator’s insurer mentioned in section 47C(2) (Y), in accordance with subsection (3) —
(a) the amount mentioned in section 47C(6) or any part of that amount unpaid; and
(b) interest on the amount mentioned in paragraph (a) at the same rate as for a judgment debt.(2) In a case where section 47C(7) applies, the relevant PO’s insurer is entitled to recover directly from a platform operator mentioned in that provision (Z), in accordance with subsection (3) —
(a) the amount mentioned in that provision or any part of that amount unpaid; and
(b) interest on the amount mentioned in paragraph (a) at the same rate as for a judgment debt.(3) The relevant PO’s insurer may recover the amount mentioned in subsection (1) from Y, or the amount mentioned in subsection (2) from Z (as the case may be), after the later of the following:
(a) the expiry of the prescribed period starting on the date on which the relevant PO’s insurer made payment or deposit in accordance with section 47C(4);
(b) where a notice of objection has been given to the Commissioner under section 47E(3) or (5) — the date on which the Commissioner makes an order under section 47E(9)(b).Directions by Commissioner on designated PO’s insurer’s denial of coverage47H. Where a platform operator’s insurer gives notice to the Commissioner under section 47B(2) denying, in whole or in part, that the platform operator’s liability under this Act in relation to the accident is insured by the platform operator’s insurer, the Commissioner may do any of the following:
(a) direct the platform operator to give notice of the accident to another designated PO’s insurer with whom the platform operator has an approved platform worker insurance policy;
(b) give notice that the Commissioner will process the claim under Division 3 of this Part, as modified by section 35B, and direct the platform operator’s insurer, the platform operator or both to do anything to facilitate the processing of the claim by the Commissioner;
(c) direct the platform operator’s insurer to continue to process the claim under this Division and issue a notice of computation in accordance with section 47B(3).Provision of information to platform operator’s insurer47I.—
(1) This section applies in relation to a claim in respect of a work injury caused to a platform worker (P) by an accident arising out of and in the course of P’s provision of a platform service for a platform operator.(2) For the purposes of processing a claim mentioned in subsection (1), any platform operator’s insurer (A) may request —
(a) any platform operator (B) to provide —
(i) information on whether P has, at any time during the lookback period, provided any platform service for B; and
(ii) if P has, at any time during the lookback period, provided any platform service for B, any information or document relating to any specified matter; or
(i) information on whether P has, at any time during the lookback period, provided any platform service for any platform operator (other than a platform operator for whom P was providing a platform service at the time of the accident); and
(ii) if P has, at any time during the lookback period, provided any platform service for any platform operator mentioned in sub‑paragraph (i), any information or document relating to any specified matter.(3) Upon receiving a request from A under subsection (2), B or P (as the case may be) must provide the information or document mentioned in subsection (2)(a)(i) and (ii) or (b)(i) and (ii) (as the case may be) within the time prescribed for the purposes of this subsection and in the form and manner required by the Commissioner.(4) In this section, “specified matter”, in relation to a platform worker’s provision of a platform service for a platform operator, means —
(a) the platform worker’s earnings from providing the platform service for the platform operator during the lookback period;
(b) the task or tasks performed by the platform worker in providing the platform service for the platform operator, including the mode or modes of transport used by the platform worker to perform any task; or
(c) any other matter prescribed.”.Amendment of section 5024. In the WICA, in section 50 —
(a) in subsection (1), after “employer”, insert “or platform operator (as the case may be)”;
(b) in subsection (1)(b), after “employer’s insurer”, insert “or platform operator’s insurer (as the case may be)”; and
(c) in subsection (2), after paragraph (b), insert —“(ba)where the compensation is being processed by the platform operator’s insurer, decide to process the compensation instead under section 36(2)(b), as modified by section 35B;”.Amendment of section 6825. In the WICA, in section 68(1) —
(a) in paragraphs (a) and (h), after “workplace”, insert “or premises occupied by a platform operator”;
(b) in paragraph (b), replace sub‑paragraphs (i) and (ii) with —“(i)a workplace;
(ii) a place of which a workplace forms a part; or
(iii) any premises occupied by a platform operator;”; and
(c) after paragraph (b), insert —“(ba)to inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of any place mentioned in paragraph (a) or (b) to provide copies of or extracts from, any book, document, record or electronic material;”.Replacement of section 7026. In the WICA, replace section 70 with —“Ex gratia payments from Workers’ Fund
70. The Commissioner may make ex gratia payments from the Workers’ Fund of —
(a) an amount not exceeding the compensation that an employee is entitled to under this Act, to any person to whom money deposited with the Commissioner may be paid in accordance with section 21; or
(b) an amount not exceeding the compensation that a platform worker is entitled to under this Act, to any person to whom money deposited with the Commissioner may be paid in accordance with section 21, as modified by section 34B.”.Amendment of section 8227. In the WICA, in section 82(2), replace paragraph (j) with —“(j)require —
(i) an employer to display the certificate of insurance issued by the employer’s insurer for the approved employee insurance policy or policies applicable to the employer; or
(ii) a platform operator to display the certificate of insurance issued by the platform operator’s insurer for the approved platform worker insurance policy or policies applicable to the platform operator;”.Amendment of First Schedule
28. In the WICA, in the First Schedule, in the Schedule title, after “COMPENSATION”, insert “FOR EMPLOYEES”.Amendment of Second Schedule
29. In the WICA, in the Second Schedule, in the Schedule reference, after “(5)”, insert “, 34G(1), (3), (5) and (6)”.Amendment of Fourth Schedule
30. In the WICA, in the Fourth Schedule, in the Schedule reference, replace “and paragraph 3(1) of First Schedule” with “paragraph 3(1) of First Schedule and paragraph 3(1) of Part 3 of Fifth Schedule”.New Fifth and Sixth Schedules
31. In the WICA, after the Fourth Schedule, insert —“FIFTH SCHEDULESections 2, 34A, 34K, 34M(1), 34N(1) and 47B(3)(a)AMOUNT OF COMPENSATION FOR PLATFORM WORKERSPart 1GENERALDefinitions1.—
(1) In this Schedule —“collection location”, in relation to a delivery service provided by a platform worker, means —
(a) the location where the platform worker collects any goods or items for delivery to one or more service users; or
(b) where a task involves the platform worker collecting goods or items from more than one location for delivery, the first such location;“delivery location”, in relation to a delivery service provided by a platform worker, means —
(a) the location where the platform worker delivers any goods or items to one or more service users; or
(b) where a task involves the platform worker delivering goods or items to service users at more than one location, the last such location;“drop‑off location”, in relation to a ride‑hail service provided by a platform worker, means —
(a) the location determined by a passenger or hirer for the end of a journey to be provided under the ride‑hail service; or
(b) where a task involves the platform worker conveying more than one passenger or hirer, the location determined by the last passenger or hirer for the end of his or her journey to be provided under the ride‑hail service;“interim location”, in relation to a delivery service provided by a platform worker —
(a) means any location (other than a collection location) where the platform worker is in possession or has custody of any goods or items for delivery to one or more service users, and includes, where the goods or items are kept or stored in or on a vehicle, the location where the vehicle is situated; but(b)does not include any location at which the platform worker temporarily stops for a rest break or meal break;“pick‑up location”, in relation to a ride‑hail service provided by a platform worker, means —
(a) the location determined by a passenger or hirer for the beginning of a journey to be provided under the ride‑hail service; or
(b) where a task involves the platform worker conveying more than one passenger or hirer, the location determined by the first passenger or hirer for the beginning of his or her journey to be provided under the ride‑hail service;“work stage”, in relation to a platform service, means work stage 1 or work stage 2 of the platform service;“work stage 1” and “work stage 2” have the meanings given by sub‑paragraph (3).(2) For the purposes of this Act, a platform worker is taken to be at work providing a platform service at any time during which the platform worker is at work stage 1 or work stage 2 of that platform service.(3) For the purposes of this Act, a platform worker providing a platform service mentioned in the first column of Part 2 of this Schedule —
(a) is at work stage 1 of that platform service when the platform worker is at the stage of work specified opposite in the second column of that Part; and
(b) is at work stage 2 of that platform service when the platform worker is at the stage of work specified opposite in the third column of that Part.Part 2Work stages of Platform ServicesFirst columnPlatform serviceSecond columnWork stage 1Third columnWork stage 21.Delivery serviceThe stage of work beginning when the platform worker begins to travel to the collection location, and ending —
(a) where the platform worker uses a vehicle to perform a task in the provision of the delivery service — when the platform worker, after collecting the goods or items for delivery from the collection location, returns to the vehicle; or
(b) in any other case — when the platform worker leaves the collection location.(a)except where paragraph (b) applies, the stage of work beginning when the platform worker, after collecting the goods or items for delivery from the collection location, leaves that location and ending —
(i) where the platform worker uses a vehicle to perform a task in the provision of the delivery service — when the platform worker, after delivering or attempting to deliver the goods or items at the delivery location, returns to the vehicle; or
(ii) in any other case — when the platform worker leaves the delivery location; and
(b) where the platform worker, after collecting the goods or items for delivery from the collection location, proceeds to an interim location before delivering the goods or items, the stage of work beginning when the platform worker leaves the interim location and ending —
(i) where the platform worker uses a vehicle to perform a task in the provision of the delivery service — when the platform worker, after delivering or attempting to deliver the goods or items at the delivery location, returns to the vehicle; or
(ii) in any other case — when the platform worker leaves the delivery location.2.Ride‑hail serviceThe stage of work —
(a) beginning when the platform worker begins to travel to the pick‑up location; and
(b) ending when the platform worker —
(i) picks up the passenger or hirer; or
(ii) where a task involves conveying more than one passenger or hirer — picks up the last passenger or hirer, at the pick‑up location.The stage of work —
(a) beginning when the platform worker leaves the pick‑up location; and
(i) the passenger or hirer; or (ii)where a task involves conveying more than one passenger or hirer — the last passenger or hirer, alights at the drop‑off location.Part 3Amount of Compensation for Platform Workers1.—
(1) Where death results from a work injury, the amount of compensation payable must be paid in a lump sum, obtained by multiplying the AME of the deceased platform worker by the appropriate factor in the second column of Table A according to the age on the next birthday of the deceased platform worker at the time of the accident as specified in the first column of Table A:TABLE A First columnAgeSecond columnMultiplying factor14 and below136151351613517134181341913320132211322213123130241292512826127271272812529124301233112232121331203411835117361153711438112391104010841107421064310544104451034610247101481004998509651945292539054885586568457825880597860756172626863636458655366 and above48.(2) The compensation payable under this paragraph is in no case to be more than $225,000 or less than $76,000.
2. Where a platform worker has permanent total incapacity or current total incapacity resulting from a work injury, the amount of compensation calculated in accordance with the formula C + 0.25C must be paid in a lump sum, where C is —
(a) subject to sub‑paragraphs (b) and (c), an amount obtained by multiplying the AME of the platform worker by the appropriate factor in the second column of Table B according to the age on the next birthday of the platform worker at the time of the accident as specified in the first column of Table B:TABLE BFirst columnAgeSecond columnMultiplying factor14 and below18115180161791717818178191772017621175221742317324172251702616927168281672916530164311623216033159341573515536153371513814939146401444114242140431384413645134461324713048128491265012451122521205311854116551145611157108581055910260996196629263876482657766 and above72;
(b) if the amount obtained under sub‑paragraph (a) is less than $97,000 — $97,000; and
(c) if the amount obtained under sub‑paragraph (a) is more than $289,000 — $289,000.3.—
(1) Where a platform worker has permanent partial incapacity or current partial incapacity resulting from a work injury, the amount of compensation is to be calculated —
(a) in the case of an injury specified in the Fourth Schedule — by multiplying C (mentioned in paragraph 2) by the percentage of loss of earning capacity caused by the injury as specified in that Schedule; and
(b) in the case of an injury not specified in the Fourth Schedule — by multiplying C (mentioned in paragraph 2) by the percentage of loss of earning capacity caused by the injury (assuming that it is permanent) in relation to the relevant platform service the platform worker was providing at the time of the accident that resulted in the incapacity.(2) Where more injuries than one are caused by the same accident the amount of compensation payable in respect of all such injuries are to be aggregated but not so as to exceed in any case the amount which would have been payable in respect of permanent total incapacity.4.—
(1) Subject to sub‑paragraphs (2) and (3), where temporary incapacity results from a work injury, the platform worker is entitled (for each day within a period of one year starting on the date of the accident that caused the work injury that the platform worker is on hospitalisation leave or medical leave granted due to the work injury) to periodical payments based on any one of the following amounts, as the case may be:
(a) for the first 60 days of hospitalisation leave — the platform worker’s ADE;
(b) for any subsequent days of hospitalisation leave — two‑thirds of the platform worker’s ADE;
(c) for the first 14 days of medical leave — the platform worker’s ADE;
(d) for any subsequent days of medical leave — two‑thirds of the platform worker’s ADE.(2) Where the platform worker’s ADE is unavailable for the relevant platform service during the lookback period, the platform worker is entitled (for each day within a period of one year starting on the date of the accident that caused the work injury that the platform worker is on hospitalisation leave or medical leave granted due to the work injury) to periodical payments computed in accordance with the formula $27 × D, where D is the number of days the platform worker is on hospitalisation leave or medical leave.(3) No payment under sub‑paragraph (1) or (2) is to be deducted from the lump sum payable under paragraph 2 or 3 in respect of any permanent incapacity or current incapacity which follows any period of temporary incapacity.(4) If the temporary incapacity of the platform worker ceases before the date on which any payment under sub‑paragraph (1) or (2) falls due, the platform worker must be paid an amount as is appropriate to the duration of the temporary incapacity.(5) Where the platform worker’s platform work agreement is terminated after the accident causing the work injury, the platform worker’s entitlement under sub‑paragraph (1) or (2) also applies when the platform worker is on hospitalisation leave or medical leave that is granted after that termination.(6) For the purposes of this paragraph, where a platform worker is certified by a health professional of an approved medical institution to be ill enough to need to be hospitalised but the platform worker is not hospitalised for any reason whatsoever, the platform worker is deemed to be hospitalised.5.—
(1) Any compensation payable by a platform operator for the medical treatment received by a platform worker in relation to the platform worker’s work injury is the lower of the following amounts:
(a) the cost of medical treatment received by the platform worker within a period of one year after the date of the accident causing the injury;
(b) $45,000 per accident per platform worker.(2) To avoid doubt, the cost of medical treatment includes, but is not limited to —
(a) the charges in connection with an emergency medical transport for the conveyance of an injured platform worker to receive medical treatment;
(b) the fees for medical reports required for the purposes of this Act;
(c) the charges for physiotherapy and occupational and speech therapy;
(d) the charges for case management, psychotherapy for the treatment of post‑traumatic stress disorder, functional capacity evaluation and worksite assessment, required for the purposes of rehabilitating and enabling an injured platform worker to return to work;
(e) the cost of medicines, artificial limbs and surgical appliances; and
(f) the charges and fees for medical examination and consultation related to medical treatment.6.—
(a) a platform worker’s AME from the provision of a platform service is computed according to the formula A × 30, where A is the platform worker’s ADE;
(b) a platform worker’s ADE from the provision of a platform service is computed according to the formula R × (100% − F), where —
(i) R is the relevant daily earnings of the platform worker; and
(A) where the platform worker performed the task exclusively or primarily on foot, by public transport or by using a bicycle (not being power assisted) — 20%;
(B) where the platform worker performed the task exclusively or primarily by using a personal mobility device, power‑assisted bicycle or motorcycle — 35%; or
(C) where the platform worker performed the task exclusively or primarily by using a motor vehicle other than a motorcycle — 60%; and
(c) the relevant daily earnings of a platform worker is computed according to the formula , where —
(i) E is the relevant earnings of the platform worker determined in accordance with sub‑paragraph (3); and
(ii) P is determined as follows:
(A) where the platform worker was at work providing the platform service for less than 90 days immediately before the date of the accident — the number of days that the platform worker was at work providing that platform service;
(B) in any other case — 90.(2) For the purposes of this Part, the lookback period, in relation to a platform worker’s provision of a platform service, is determined as follows:
(a) where the platform worker was at work providing the platform service for at least 90 days immediately before the date of the accident — the period of 90 days immediately before the date of the accident;
(b) where the platform worker —
(i) was at work providing the platform service for at least 90 days immediately before the date of the accident; and
(ii) during the period mentioned in sub‑paragraph (i), was on hospitalisation leave or medical leave for 7 or more consecutive days,the period immediately preceding the date of the accident computed using the formula 90 + B, where B is the number of days that the platform worker was on hospitalisation leave or medical leave;
(c) where the platform worker was at work providing the platform service for less than 90 days immediately before the date of the accident — the number of days that the platform worker was at work providing that platform service.(3) For the purposes of sub‑paragraph (1)(c)(i) and subject to sub‑paragraph (4), the relevant earnings of a platform worker are determined as follows:
(a) where the platform worker, at the time of the accident, was at work providing a platform service for a platform operator — the aggregate of the platform worker’s task earnings during the lookback period from providing that platform service for any platform operator;
(b) where the platform worker, at the time of the accident, was at work providing 2 or more platform services concurrently for a platform operator — the aggregate of the platform worker’s task earnings during the lookback period from providing the relevant platform service for any platform operator;
(c) where the platform worker, at the time of the accident, was at work providing a platform service for 2 or more platform operators concurrently — the aggregate of the platform worker’s task earnings during the lookback period from providing that platform service for all of those platform operators;
(d) where the platform worker, at the time of the accident, was at work providing 2 or more platform services for 2 or more platform operators concurrently — the aggregate of the platform worker’s task earnings during the lookback period from providing the relevant platform service for any one or more of those platform operators.(4) For the purposes of sub‑paragraph (3), where the platform worker —
(a) was at work providing the platform service for at least 90 days immediately before the date of the accident; and
(b) during the period mentioned in sub‑paragraph (a), was on hospitalisation leave or medical leave for 7 or more consecutive days,the relevant earnings of the platform worker do not include the platform worker’s task earnings (if any) during the period that the platform worker was on hospitalisation leave or medical leave.(5) The Commissioner may disregard any period or adjust the amount of the earnings of the platform worker in any period if the Commissioner is of the view that the earnings for that period do not accurately reflect the platform worker’s AME.(6) In this paragraph —“bicycle” means a vehicle that —
(a) has 2 wheels held one behind the other in a frame;
(b) is steered by handlebars attached to the front wheel;
(d) is built to be propelled solely by human power;“motor vehicle” means a vehicle that —
(a) is propelled wholly or partly by a motor or by any means other than human or animal power; and
(b) is used or intended to be used on any road;“personal mobility device” and “power‑assisted bicycle” have the meanings given by section 2(1) of the Active Mobility Act 2017;“task earnings”, in relation to a platform worker, means the platform worker’s earnings for performing a task in relation to the platform worker’s provision of a platform service.
7. In this Part, “relevant platform service”, in relation to a platform worker, means the platform service for which the platform worker has the highest earnings during the lookback period, having regard to the platform worker’s earnings for every platform service he or she provides.SIXTH SCHEDULESection 34D(2)(a)(ii) and (iii)(B)APPLICABLE WRITTEN LAW FOR PURPOSES OF SECTION 34D(2)Part 1WRITTEN LAW RELATING TO PLATFORM WORKER’S USE OF VEHICLES IN PROVISION OF PLATFORM SERVICE1.Active Mobility Act 2017 — Section 23D(1) or 28B(1)2.Road Traffic Act 1961 — Section 35(1) or 47G(1)Part 2WRITTEN LAW RELATING TO VEHICLE USED BY PLATFORM WORKER IN PROVISION OF PLATFORM SERVICE1.Active Mobility Act 2017 — Section 192.Road Traffic Act 1961 — Any rules relating to the construction and equipment of vehicles made pursuant to section 6.”.