Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
47B. Platform operator’s insurer’s process
Feedback & supportLast amended by an amending law of 2024.
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 —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
on receipt of a notice of an accident from the platform operator under section 35(3)(b);
on receipt of a notice of resumption of the claim under section 41(2)(a), as modified by section 35B; or
on the Commissioner’s direction.
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.
claimant
“claimant” means an injured individual claiming compensation under this Act;
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 —
claim
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
the amount of compensation payable in respect of the claim, computed in accordance with the Fifth Schedule; or
that compensation is refused because —
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
the claimant was not a platform worker within the meaning of this Act.
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).
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 —
order of compensation
“order of compensation” means any of the following orders:(a)a notice of computation that, under section 44(5), has the effect of an order of compensation;(b)a notice of assessment that, under section 48(3), has the effect of an order of compensation;(c)an order made under section 51(2)(a) to give effect to a settlement agreement;(d)an order of refusal of compensation made at a pre‑hearing conference under section 52(d);(e)an order of compensation or refusal of compensation made under section 54(1)(c);
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
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.
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.