Document ID: chunk:federal_register_of_legislation:F2024L01573:reg:9
Version: federal_register_of_legislation:F2024L01573
Segment Type: reg
Provision Reference: reg 9
Character Range: 8152–9605

9  Exception—circumstances when deactivation warning not required
 (1) Despite section 8, a digital labour platform operator is not required to give an employee‑like worker a deactivation warning before deactivating, under Division 3, the worker if the operator considers on reasonable grounds that the matter relating to the worker's conduct or capacity is such that:
 (a) it warrants immediate modification or suspension of the worker's access to the digital labour platform; or
 (b) it is not reasonable to expect the operator to allow the worker to continue to perform work through or by means of the platform.
Note: The following are examples of when subsection (1) might apply:
(a) immediate suspension of an employee‑like worker is required for health or safety reasons;
(b) an employee‑like worker loses a licence or accreditation and, as a result, has no legal right to perform the work;
(c) an employee‑like worker engages in fraudulent or dishonest conduct;
(d) an employee‑like worker's conduct is or will be referred to a law enforcement or regulatory agency.
 (2) For the purposes of subsection (1), one or more reports or complaints made to the digital labour platform operator may constitute reasonable grounds for the operator's opinion about the employee‑like worker's conduct or capacity.
 (3) Subsection (2) does not limit the matters that may constitute reasonable grounds for such an opinion.

Division 3—Process for deactivation