Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
35A. Directions by Commissioner — processing of claims
Feedback & supportLast amended by an amending law of 2024.
This section applies where —
an accident gives rise to an individual’s work injury; and
a claim for compensation is deemed to be made by the individual under section 35.
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.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
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:
direct a platform operator’s insurer for an applicable platform operator to process the claim under Division 2A of this Part;
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:
an applicable platform operator;
a platform operator’s insurer for that applicable platform operator.
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:
employee
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
where the Commissioner is satisfied that the individual’s AME as an employee is higher than the individual’s AME as a platform worker —
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
do anything under subsection (2);
where the Commissioner is satisfied that the individual’s AME as a platform worker is higher than the individual’s AME as an employee —
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
do anything under subsection (3);
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:
an applicable employer and an employer’s insurer for that applicable employer;
an applicable platform operator and a platform operator’s insurer for that applicable platform operator.
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 —
claim
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
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
decides to process the claim in any particular case, including under section 47H(b) or 50(2)(ba).
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);
employer
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
“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).