Document ID: chunk:federal_register_of_legislation:F2024L01573:reg:7
Version: federal_register_of_legislation:F2024L01573
Segment Type: reg
Provision Reference: reg 7
Character Range: 4829–6393

7  When code process for deactivation must be followed
 (1) To be taken to comply with this instrument, a digital labour platform operator must follow the code process in relation to the proposed deactivation of an employee‑like worker, who is protected from unfair deactivation, from a digital labour platform if:
 (a) the operator is considering deactivating the worker from the platform; and
 (b) the reason for the deactivation is:
 (i) subject to subsection (2), a matter related to the worker's conduct in performing work through or by means of the platform; or
 (ii) a matter related to the worker's capacity to perform work through or by means of the platform.
Note 1: To be protected from unfair deactivation from a digital labour platform, an employee‑like worker must have performed work through or by means of the platform on a regular basis for at least 6 months (see paragraph 536LD(c) of the Act).
Note 2: For circumstances in which work is performed on a regular basis, see section 18.
 (2) The code process does not apply to the deactivation of an employee‑like worker by a digital labour platform operator for serious misconduct by the worker.
Note 1: A deactivation that occurs because of serious misconduct of the person who is deactivated is not unfair (see subsection 536LH(2) of the Act).
Note 2: Serious misconduct has the meaning prescribed by the regulations (see section 12 of the Act).
Note 3: Subsections 536LH(3) and (4) of the Act also provide that certain short‑term deactivations are not unfair.

Division 2—Deactivation warnings