Schedule “FIFTH SCHEDULE

In this Schedule —“collection location”, in relation to a delivery service provided by a platform worker, means —

the location where the platform worker collects any goods or items for delivery to one or more service users; or

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 —

the location where the platform worker delivers any goods or items to one or more service users; or

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 —

the location determined by a passenger or hirer for the end of a journey to be provided under the ride‑hail service; or

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 —

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 —

the location determined by a passenger or hirer for the beginning of a journey to be provided under the ride‑hail service; or

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 —

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

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 —

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

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 —

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

in any other case — when the platform worker leaves the delivery location; and

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 —

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

in any other case — when the platform worker leaves the delivery location.2.Ride‑hail serviceThe stage of work —

beginning when the platform worker begins to travel to the pick‑up location; and

ending when the platform worker —

picks up the passenger or hirer; or

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 —

beginning when the platform worker leaves the pick‑up location; and

ending when —

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.—

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.

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;

if the amount obtained under sub‑paragraph (a) is less than $97,000 — $97,000; and

if the amount obtained under sub‑paragraph (a) is more than $289,000 — $289,000.3.—

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 —

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

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.—

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:

for the first 60 days of hospitalisation leave — the platform worker’s ADE;

for any subsequent days of hospitalisation leave — two‑thirds of the platform worker’s ADE;

for the first 14 days of medical leave — the platform worker’s ADE;

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.—

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:

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;

$45,000 per accident per platform worker.(2) To avoid doubt, the cost of medical treatment includes, but is not limited to —

the charges in connection with an emergency medical transport for the conveyance of an injured platform worker to receive medical treatment;

the fees for medical reports required for the purposes of this Act;

the charges for physiotherapy and occupational and speech therapy;

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;

the cost of medicines, artificial limbs and surgical appliances; and

the charges and fees for medical examination and consultation related to medical treatment.6.—

In this Part —

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;

a platform worker’s ADE from the provision of a platform service is computed according to the formula R × (100% − F), where —

R is the relevant daily earnings of the platform worker; and

F is —

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%;

where the platform worker performed the task exclusively or primarily by using a personal mobility device, power‑assisted bicycle or motorcycle — 35%; or

where the platform worker performed the task exclusively or primarily by using a motor vehicle other than a motorcycle — 60%; and

the relevant daily earnings of a platform worker is computed according to the formula , where —

E is the relevant earnings of the platform worker determined in accordance with sub‑paragraph (3); and

P is determined as follows:

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;

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:

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;

where the platform worker —

was at work providing the platform service for at least 90 days immediately before the date of the accident; and

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;

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:

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;

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;

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;

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 —

was at work providing the platform service for at least 90 days immediately before the date of the accident; and

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 —

has 2 wheels held one behind the other in a frame;

is steered by handlebars attached to the front wheel;

has pedals; and

is built to be propelled solely by human power;“motor vehicle” means a vehicle that —

is propelled wholly or partly by a motor or by any means other than human or animal power; and

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.