Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3A · Application of Parts 2 and 3 to Platform Operators and Platform Workers
34P. Offences by platform operator in relation to insurance
Feedback & supportLast amended by an amending law of 2024.
A platform operator that contravenes section 34O(1) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or
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.
For the purposes of subsection (1)(b), “repeat offender”, in relation to an offence under subsection (1), means a person who —
is convicted, or found guilty, of an offence under subsection (1); and
has been convicted, or found guilty, of any of the following offences on at least one other occasion:
an offence under subsection (1);
an offence under section 25(1);
an offence under section 35(1)(b) of the repealed Act, whether the conviction was before, on or after 1 September 2020.
It is not a defence to a charge for an offence under subsection (1) that the platform operator did not know —
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;
that any insurance policy entered into or maintained was not an approved platform worker insurance policy; or
that the insurer was not a designated PO’s insurer,unless the platform operator had taken all reasonable steps to ascertain those matters.
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 —
earnings
“earnings” means all remuneration payable to an employee in respect of work done under the employee’s contract of service, and includes —(a)privileges or benefits capable of being estimated in money and productivity incentive payments;(b)the value of any food or quarters supplied to the employee by the employer, if as a result of the accident the employee is deprived of such food or quarters; and(c)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:(d)travelling allowances;(e)payments for any travelling concessions;(f)contributions paid by the employer towards any pension or provident fund for the employee;(g)payments to the employee to cover any special expenses incurred by the employee by reason of the nature of the employee’s employment;
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
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.
For the purposes of subsection (4)(b), “repeat offender”, in relation to an offence under subsection (4), means a person who —
is convicted, or found guilty, of an offence under subsection (4); and
has been convicted, or found guilty, of any of the following offences on at least one other occasion:
an offence under subsection (4);
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.