Document ID: chunk:federal_register_of_legislation:F2024L01573:reg:19:p1
Version: federal_register_of_legislation:F2024L01573
Segment Type: reg
Provision Reference: reg 19 (pt 1/2)
Character Range: 20747–23666

19  Matters that may constitute a valid reason for deactivation
 (1) A matter set out in any of the following subsections may constitute a valid reason for the deactivation of an employee‑like worker from a digital labour platform if it arises in the course of, or in relation to, the worker performing work through or by means of the platform.
Note: If the matter constitutes serious misconduct, the digital labour platform operator is not required to follow the code process in relation to deactivation of the employee‑like worker (see subsection 7(2)).

Failure to meet platform obligations
 (2) The employee‑like worker fails or refuses to meet one or more of the following requirements, to the extent that the requirement is reasonable and is known to the worker as a result of communication from the digital labour platform operator or otherwise:
 (a) the requirements of the worker's services contract with the digital labour platform operator;
 (b) the conditions of use of the digital labour platform;
 (c) the operator's standards or requirements in relation to quality, service level or performance;
 (d) the operator's code of conduct for the platform;
 (e) any other legally binding requirements on the worker's use of the platform not mentioned in an earlier paragraph of this subsection.

Health and safety matters
 (3) The employee‑like worker engages in inappropriate physical or verbal conduct including, without limitation, conduct of a violent, threatening, harassing, discriminatory, sexual or abusive nature.
 (4) The digital labour platform operator considers on reasonable grounds that:
 (a) the employee‑like worker fails or refuses to comply with a work health and safety duty of the worker; or
 (b) deactivation of the employee‑like worker is necessary to protect the health and safety of any person.
 (5) The performance of work through or by means of the digital labour platform requires the employee‑like worker to drive a motor vehicle and, in doing so, the worker engages in unsafe driving practices (including speeding).

Misuse of information
 (6) The employee‑like worker misuses information about the following persons obtained by the worker in performing work through or by means of the digital labour platform:
 (a) the digital labour platform operator;
 (b) a customer or client of the platform;
 (c) another employee‑like worker who performs work through or by means of the platform;
 (d) any other member of the public.

Fraud, dishonesty or deliberate damage
 (7) The employee‑like worker engages in fraudulent or dishonest conduct, including theft of property.
 (8) The employee‑like worker deliberately causes damage to another person's property.

Breach of law or regulatory requirements
 (9) The employee‑like worker engages in conduct that results in the referral or report of the worker's conduct to a law enforcement or regulatory agency.
 (10) The employee‑like worker: