Document ID: chunk:federal_register_of_legislation:F2024L01573:reg:13
Version: federal_register_of_legislation:F2024L01573
Segment Type: reg
Provision Reference: reg 13
Character Range: 13037–15436

13  Steps after preliminary deactivation notice is given

Worker's response to preliminary deactivation notice
 (1) An employee‑like worker may respond to a preliminary deactivation notice given to the worker by a digital labour platform operator.
 (2) The response must be given within the period specified in the preliminary deactivation notice, or within such longer period as is agreed between the operator and the worker.
 (3) The response may be in writing or may be given orally (including as part of the discussion mentioned below).

Discussion with operator's representative
 (4) The employee‑like worker may, within the period mentioned in paragraph 11(1)(c), request the digital labour platform operator to make a representative of the operator available to discuss the preliminary deactivation notice.
 (5) If an employee‑like worker makes such a request, the digital labour platform operator must make a representative available for the discussion within a reasonable time.
 (6) A person appointed by the employee‑like worker for support or representation (see section 16) may participate in the discussion.

Operator to consider response and make inquiries
 (7) A human representative of the digital labour platform operator must consider the employee‑like worker's response (if any), including the discussion (if any) between the worker and the digital labour platform operator's representative.
 (8) The digital labour platform operator must make such further inquiries (if any) as are reasonably warranted after considering the employee‑like worker's response.

Status of user reports or complaints
 (9) If:
 (a) a preliminary deactivation notice is issued to an employee‑like worker after a report or complaint about the worker is made to the digital labour platform operator; and
 (b) the report or complaint concerns a matter that, if true, would constitute a valid reason for the deactivation of the worker; and
 (c) either:
 (i) the worker's response to the notice under this section does not provide adequate information to address the report or complaint; or
 (ii) the worker provides no response to the notice under this section;
then, if the operator terminates the worker's access to the platform, the termination is taken, for the purposes of subsection 14(4), to be termination for a valid reason that the operator considers on reasonable grounds has been established.