Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024

Administered by Department of Employment and Workplace Relations

Legislation au F2024L01573 In force Legislative Instrument

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Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024

made under subsection 536LJ(1) of the Fair Work Act 2009

Compilation No. 1 

Compilation date:12 June 2026 

Includes amendments: F2026L00711

About this compilation

This compilation

This is a compilation of the Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024 that shows the text of the law as amended and in force on 12 June 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents 

Part 1—Preliminary................................................1

1  Name.............................................................1

3  Authority..........................................................1

4  Simplified outline.....................................................1

5  Definitions.........................................................1

6  References to modification of access to digital labour platform.......................2

Part 2—Code process for deactivation.................................3

Division 1—Application of code process..................................3

7  When code process for deactivation must be followed..........................3

Division 2—Deactivation warnings......................................4

8  Deactivation warning generally required before deactivation.........................4

9  Exception—circumstances when deactivation warning not required....................4

Division 3—Process for deactivation.....................................6

10  Application of Division................................................6

11  Operator must give preliminary deactivation notice..............................6

12  Modification or suspension of access to platform...............................7

13  Steps after preliminary deactivation notice is given..............................7

14  Outcome of digital labour platform operator’s consideration and inquiries...............8

Division 4—Matters relating to code process generally......................11

15  Time frame for conducting code process....................................11

16  Representation of employeelike workers.............................11

17  Information disclosure and law enforcement or regulatory obligations.................11

Part 3—Matters relating to deactivation generally..........................12

18  Circumstances in which work is performed on a regular basis......................12

19  Matters that may constitute a valid reason for deactivation........................12

19A  Further matters that may constitute a valid reason for deactivation..................14

20  Communications relating to deactivation....................................15

21  Data and platform access following reinstatement..............................15

22  Record keeping for worker data and deactivation processes........................16

Part 4—Amendments made by the Fair Work (Digital Labour Platform Deactivation Code) Amendment Instrument 2026......17

23  Definitions for this Part...............................................17

24  Application of amended instrument........................................17

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

 

Part 1—Preliminary

 

1  Name

  This instrument is the Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024.

3  Authority

  This instrument is made under the Fair Work Act 2009.

4  Simplified outline

Chapter 3A of the Act deals with minimum standards for certain workers (called regulated workers).

Regulated workers include employeelike workers who perform work through or by means of a digital labour platform.

Section 536LJ of the Act provides that the Minister must make a code to be known as the Digital Labour Platform Deactivation Code. This instrument is the Digital Labour Platform Deactivation Code.

An employeelike worker may be found to be unfairly deactivated from a digital labour platform if the Fair Work Commission is satisfied that the deactivation is not consistent with this Code (see paragraph 536LF(c) of the Act).

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) deactivated;

(b) digital labour platform;

(c) digital labour platform operator;

(d) employeelike worker;

(e) services contract.

  In this instrument:

Act means the Fair Work Act 2009.

allegations of sexual harassment means one or more allegations, reports or complaints that the employee-like worker, in the course of, or in relation to, performing digital platform work through or by means of the digital labour platform that the digital labour platform operator operates, has sexually harassed a person (the person allegedly harassed).

code process means the process, set out in Part 2, for deactivation of an employeelike worker from a digital labour platform.

deactivation warning: see subsection 8(1).

final deactivation notice: see subsection 14(5).

law enforcement or regulatory agency means:

 (a) the Australian Federal Police; or

 (b) a police force or a police service of a State or Territory; or

 (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or Territory.

preliminary deactivation notice: see subsection 11(1).

sexual harassment includes:

 (a) the meaning given by section 28A of the Sex Discrimination Act 1984;

 (b) sexual violence; and

 (c) sexual assault.

Note:  Other parts of speech and grammatical forms of “sexual harassment” (for example, “sexually harassed”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

6  References to modification of access to digital labour platform

  A reference in this instrument to the modification of an employeelike worker’s access to a digital labour platform means a modification of access having the result that the worker is deactivated from the platform within the meaning of section 536LG of the Act.

Part 2—Code process for deactivation

Division 1—Application of code process

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 employeelike 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 employeelike 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 employeelike 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 shortterm deactivations are not unfair.

Division 2—Deactivation warnings

8  Deactivation warning generally required before deactivation

 (1) Before deactivating an employeelike worker from a digital labour platform, a digital labour platform operator must give the worker a notice in writing (the deactivation warning) stating that the worker risks being deactivated from the platform for a reason related to the worker’s conduct or capacity.

 (2) The deactivation warning must:

 (a) specify the reason, relating to the employeelike worker’s conduct or capacity, for which it is given; and

 (b) state that the worker risks being deactivated from the digital labour platform if:

 (i) the worker does not, within a reasonable time, remedy the matters that are the subject of the warning; or

 (ii) the reason for giving the warning continues or is repeated; or

 (iii) another issue, relating to the worker’s conduct or capacity, arises; and

 (c) state that the worker may seek assistance or support from a person (other than a lawyer acting in a professional capacity), who may be a delegate or an employee of an organisation, in relation to the deactivation warning.

Note 1: For organisation in paragraph (c), see section 12 of the Act.

Note 2: The worker may also appoint a person to provide the worker with support or representation (see section 16).

 (3) Subject to subsection (4), the deactivation warning must include sufficient information to enable a reasonable person in the position of the employeelike worker to understand the matters mentioned in subsection (2).

Note: In giving a deactivation warning, a digital labour platform operator is not required to disclose information about an individual if the operator considers, on reasonable grounds, that the disclosure may pose a risk to the safety or security of the individual (see section 17).

 (4) To the extent that the reason for which the warning is given relates to allegations of sexual harassment, the deactivation warning need only include the following information about the reason in relation to each allegation:

 (a) information specifying that an allegation of sexual harassment has been made; and

 (b) information setting out the general nature of the conduct alleged.

9  Exception—circumstances when deactivation warning not required

 (1) Despite section 8, a digital labour platform operator is not required to give an employeelike 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 employeelike worker is required for health or safety reasons;

(b) an employeelike worker loses a licence or accreditation and, as a result, has no legal right to perform the work;

(c) an employeelike worker engages in fraudulent or dishonest conduct;

(d) an employeelike 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 employeelike 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

10  Application of Division

  This Division applies if:

 (a) a digital labour platform operator is, under section 9, not required to give an employeelike worker a deactivation warning before deactivating the worker; or

 (b) a digital labour platform operator has given an employeelike worker a deactivation warning and the operator considers, on reasonable grounds, that deactivation of the worker is justified because:

 (i) the worker has not, within a reasonable time, remedied the matters that were the subject of the warning; or

 (ii) the reason for giving the warning has continued or been repeated; or

 (iii) another issue, relating to the worker’s conduct or capacity, has arisen.

11  Operator must give preliminary deactivation notice

 (1) If this Division applies, the digital labour platform operator must give the employeelike worker a notice (the preliminary deactivation notice) that specifies the following matters:

 (a) the reason, relating to the conduct or capacity of the employeelike worker, for which the notice is given;

 (b) that the digital labour platform operator is considering terminating the worker’s access to the digital labour platform;

 (c) that the worker has:

 (i) a right to respond to the notice; and

 (ii) a right to request a discussion with a representative of the operator;

  within a reasonable period specified in the notice;

 (d) that the worker may appoint a person to provide the worker with support or representation (see section 16).

 (2) Subject to subsection (3), the preliminary deactivation notice must include sufficient information to enable a reasonable person in the position of the employeelike worker to understand the matters mentioned in subsection (1).

Note: In giving a preliminary deactivation notice, a digital labour platform operator is not required to disclose information about an individual if the operator considers, on reasonable grounds, that the disclosure may pose a risk to the safety or security of the individual (see section 17).

 (3) To the extent that the reason for which the notice is given relates to allegations of sexual harassment, the preliminary deactivation notice need only include the following information about the reason in relation to each allegation:

 (a) information specifying that an allegation of sexual harassment has been made; and

 (b) information setting out the general nature of the conduct alleged.

12  Modification or suspension of access to platform

 (1) If this Division applies, a digital labour platform operator may modify or suspend the employeelike worker’s access to the digital labour platform.

 (2) The modification or suspension may take effect before or after the digital labour platform operator gives a preliminary deactivation notice.

 (3) If the digital labour platform operator modifies or suspends the employeelike worker’s access to the digital labour platform, the operator must notify the worker, in writing, of the following matters:

 (a) the time and day from which the modification or suspension takes effect;

 (b) the consequences of the modification or suspension for the worker’s access to the platform.

 (4) The matters under subsection (3) must be notified as follows:

 (a) if the modification or suspension takes effect before the digital labour platform operator gives a preliminary deactivation notice to the employeelike worker—as part of the preliminary deactivation notice to be given to the worker as soon as reasonably practicable after the modification or suspension takes effect;

 (b) if the modification or suspension takes effect at the same time as the preliminary deactivation notice is given—as part of the preliminary deactivation notice;

 (c) if the modification or suspension takes effect after the preliminary deactivation notice is given—before the modification or suspension takes effect.

13  Steps after preliminary deactivation notice is given

Worker’s response to preliminary deactivation notice

 (1) An employeelike 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 employeelike 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 employeelike 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 employeelike 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 employeelike 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 employeelike worker’s response.

Status of user reports or complaints

 (9) If:

 (a) a preliminary deactivation notice is issued to an employeelike 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.

14  Outcome of digital labour platform operator’s consideration and inquiries

 (1) After giving a preliminary deactivation notice, and complying with any applicable requirements in section 13, a digital labour platform operator must decide whether to:

 (a) take no further action in relation to the employeelike worker; or

 (b) terminate the worker’s access to the digital labour platform.

 (2) The digital labour platform operator must, as soon as reasonably practicable, notify the employeelike worker in writing of the operator’s decision.

Decision to take no further action

 (3) If the digital labour platform operator decides to take no further action in relation to the employeelike worker, the operator must lift any modification or suspension of the worker’s access to the digital labour platform imposed under this Division.

Decision to terminate access

 (4) The digital labour platform operator may terminate the employeelike worker’s access to the digital labour platform only if:

 (a) the reason for the termination is a valid reason; and

 (b) the operator considers on reasonable grounds that the reason has been established.

 (4A) For the purposes of paragraph (4)(b), a digital labour platform operator may consider on reasonable grounds that a valid reason has been established if the reason for termination relates to allegations of sexual harassment; and:

 (a)  the digital labour platform operator:

 (i) discussed the allegations with the person allegedly harassed; and

 (ii) had reasonable grounds, based on the discussion and any other relevant evidence, for considering a valid reason had been established; or

 (b) the digital labour platform operator:

 (i) reviewed multiple reports or complaints received by the digital labour platform operator about separate alleged incidents of sexual harassment by the worker within 24 months before the digital labour platform operator gave the preliminary deactivation notice to the worker; and

 (ii) considered a valid reason had been established.  

 (4B) Subsection 4A does not limit the ways in which an operator may consider on reasonable grounds that the reason has been established. 

 (5) If the digital labour platform operator decides to terminate the employeelike worker’s access, the operator must, as soon as reasonably practicable, give the employeelike worker a written notice (the final deactivation notice) that:

 (a) states that the operator has decided to terminate the worker’s access to the digital labour platform; and

 (b) specifies the reason for the termination; and

 (c) specifies the time and day on which the termination will take effect (which may be immediately); and

 (d) specifies when and how any final payments owing to the worker will be made.

 (6) Subject to subsection (7), the final deactivation notice must contain sufficient information to enable a reasonable person in the position of the employeelike worker to understand the matters mentioned in subsection (5).

Note: In giving a final deactivation notice, a digital labour platform operator is not required to disclose information about an individual if the operator considers, on reasonable grounds, that the disclosure may pose a risk to the safety or security of the individual (see section 17).

 (7) To the extent that the reason for termination relates to allegations of sexual harassment, the final deactivation notice need only include the following information about the reason in relation to each allegation:

 (a) information specifying that an allegation of sexual harassment has been made; and

 (b) information setting out the general nature of the conduct alleged. 

Division 4—Matters relating to code process generally

15  Time frame for conducting code process

  A digital labour platform operator must use reasonable endeavours to ensure that:

 (a) a process required to be conducted in accordance with this Part is carried out within a reasonable time frame; and

 (b) an employeelike worker is given a reasonable time to exercise the worker’s right of response under section 13.

16  Representation of employee‑like workers

 (1) An employeelike worker may appoint a person (other than a lawyer acting in a professional capacity) to provide the worker with support or representation in relation to the deactivation of the worker, under this Part, from a digital labour platform.

 (2) The person may be a delegate or an employee of an organisation.

Note: For organisation, see section 12 of the Act.

17  Information disclosure and law enforcement or regulatory obligations

 (1) Nothing in this Part requires a digital labour platform operator to disclose any information about an individual if the operator considers, on reasonable grounds, that the disclosure may pose a risk to the safety or security of the individual.

 (2) Nothing in this Part requires a digital labour platform operator to contravene:

 (a) a lawful direction given by a law enforcement or regulatory agency to the operator; or

 (b) any obligations that the operator has in relation to the protection of personal information (within the meaning of the Privacy Act 1988).

Part 3—Matters relating to deactivation generally

 

18  Circumstances in which work is performed on a regular basis

 (1) This section sets out, for the purposes of paragraph 536LJ(2)(a) of the Act, some circumstances in which work is taken to be performed by an employeelike worker on a regular basis.

Note: To be protected from unfair deactivation from a digital labour platform, an employeelike 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).

 (2) An employeelike worker who completes, on average, 60 hours of paid work each month through or by means of a digital labour platform is taken to perform that work on a regular basis.

 (3) An employeelike worker who completes, on average, paid work on 3 days of each week through or by means of a digital labour platform is taken to perform that work on a regular basis.

 (4) A reference in this section to time spent completing paid work is a reference to the time spent in undertaking the work for which the employeelike worker is entitled to be paid.

Note: An effect of this subsection is that time spent waiting for work, or between tasks constituting the work, is not counted.

 (5) An employeelike worker may be taken to perform work on a regular basis through or by means of a digital labour platform even though the worker elects, in some weeks, not to perform any work through or by means of the platform.

 (6) This section does not limit the circumstances in which work is taken to be performed by an employeelike worker on a regular basis.

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 employeelike 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 employeelike worker (see subsection 7(2)).

Failure to meet platform obligations

 (2) The employeelike 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 employeelike 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 employeelike worker fails or refuses to comply with a work health and safety duty of the worker; or

 (b) deactivation of the employeelike 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 employeelike worker to drive a motor vehicle and, in doing so, the worker engages in unsafe driving practices (including speeding).

Misuse of information

 (6) The employeelike 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 employeelike 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 employeelike worker engages in fraudulent or dishonest conduct, including theft of property.

 (8) The employeelike worker deliberately causes damage to another person’s property.

Breach of law or regulatory requirements

 (9) The employeelike 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 employeelike worker:

 (a) fails or refuses to comply with a mandatory industry code of conduct that applies to work performed through or by means of the digital labour platform; or

 (b) engages in conduct that causes, or may cause, the digital labour platform operator to breach such a code of conduct.

 (11) The digital labour platform operator is requested by a law enforcement or regulatory agency to remove the employeelike worker from performing work through or by means of the digital labour platform.

Licensing, accreditation and screening requirements etc.

 (12) The employeelike worker fails or refuses to comply with a licensing or accreditation requirement that is:

 (a) necessary to perform work through or by means of the digital labour platform; and

 (b) administered or enforced by a law enforcement or regulatory agency.

 (13) The employeelike worker loses a licence or accreditation necessary for the worker to perform work through or by means of the digital labour platform.

 (14) The employeelike worker fails or refuses to maintain the worker’s tools or equipment so as to meet relevant licensing or accreditation requirements.

 (15) The employeelike worker fails or refuses to comply with a mandatory screening or registration requirement necessary to perform work through or by means of the digital labour platform.

Inactivity

 (16) The employeelike worker fails or refuses to perform work through or by means of the digital labour platform for which payment is made to the worker for such period that the digital labour platform operator must deactivate the worker to comply with a requirement of a law enforcement or regulatory agency.

No limitation on valid reasons

 (17) This section does not limit the matters that may constitute a valid reason for the deactivation of an employeelike worker from a digital labour platform.

19A  Further 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.

Pattern of behaviour

 (2) The digital labour platform operator has received multiple reports or complaints that:

 (a) the employee-like worker has sexually harassed any person or persons in the course of, or in relation to, performing digital platform work through or by means of a digital labour platform that the digital labour platform operator operates; and

 (b) the reports or complaints are in relation to alleged conduct that has occurred within the past 24 months.

Other digital platform work

 (3) The employee-like worker has sexually harassed a person in the course of, or in relation to, performing digital platform work through or by means of a digital labour platform.

20  Communications relating to deactivation

 (1) A digital labour platform operator must ensure that, except as otherwise provided in this instrument, all communications and information relating to the code process and the deactivation of an employeelike worker from the digital labour platform are made in writing using one or both of the following methods:

 (a) the platform;

 (b) an appropriate alternative method determined by the operator acting reasonably.

 (2) If the digital labour platform operator uses the digital labour platform for communications and information, the operator must ensure that the employeelike worker has sufficient access to the platform to enable the worker to access and respond to the communications and information.

21  Data and platform access following reinstatement

Scope

 (1) This section applies if a digital labour platform operator takes any of the following action in relation to the deactivation of an employeelike worker’s access to a digital labour platform:

 (a) removes a modification;

 (b) lifts a suspension;

 (c) reinstates the worker’s access to the platform after having previously terminated such access.

Full reinstatement required

 (2) The digital labour platform operator must ensure that, as soon as reasonably practicable after the operator takes the action mentioned in subsection (1):

 (a) the employeelike worker has the same access to the digital labour platform (including to data and information relating to the worker’s performance of work through or by means of the platform) that the worker had immediately before the deactivation; and

 (b) in a case where the deactivation affected the worker’s status or ranking on the platform—the worker retains a status or ranking no lower than that held by the worker immediately before the deactivation.

22  Record keeping for worker data and deactivation processes

 (1) A digital labour platform operator must make and keep records of the following matters to the extent that the operator considers reasonably necessary to demonstrate compliance with this instrument:

 (a) data relating to the work performed through or by means of the digital labour platform by an employeelike worker;

 (b) the processes followed, and the decisions made, in relation to the deactivation of each employeelike worker from the digital labour platform.

 (2) The records must be kept for so long as the digital labour platform operator considers reasonably necessary to demonstrate compliance with this instrument.

 (3) To the extent that the records are or include personal information within the meaning of the Privacy Act 1988, the records must be collected, used and disclosed only in accordance with that Act.

Part 4—Amendments made by the Fair Work (Digital Labour Platform Deactivation Code) Amendment Instrument 2026

23  Definitions for this Part

In this Part: 

amended instrument means the Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024.

amending instrument means the Fair Work (Digital Labour Platform Deactivation Code) Amendment Instrument 2026.

commencement means the commencement of the amending instrument.

24  Application of amended instrument

  The amendments made by the amending instrument to the amended instrument apply in relation to deactivations that occur after commencement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024

5 Dec 2024 (F2024L01573)

25 Feb 2025

Fair Work (Digital Labour Platform Deactivation Code) Amendment Instrument 2026 

11 June 2026 (F2026L00711)

12 June 2026

pt 4

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 5

am F2026L00711

s 8(3)

am F2026L00711

s 8(4)

ad F2026L00711

s 11(2)

am F2026L00711

s 11(3)

ad F2026L00711

s 14(4A)

ad F2026L00711

s 14(4B)

ad F2026L00711

s 14(6)

am F2026L00711

s 14(7)

ad F2026L00711

s 19A

ad F2026L00711

pt 4

ad F2026L00711

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.