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In forceAmended2020 Revised Edition
Contents

Part 4 · Compensation Process

35A. Directions by Commissioner — processing of claims

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Amended

Last amended by an amending law of 2024.

(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).

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Application of Act to Seafarers

Part 6

Powers for Execution of Act

Part 7

General Provisions on Offences

Part 8

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