51CMeaning of *applicable customer-facing worker*

51C Meaning of *applicable customer-facing worker*

(1) An applicable customer-facing worker is—

(a) a person who—

(i) is—

(A) a hospitality operator; or

(B) a retail operator; or

(C) a passenger transport service provider; and

(ii) performs customer-facing duties; or

(b) a person who performs customer-facing duties in a relevant capacity for—

(i) a hospitality operator; or

(ii) a retail operator; or

(iii) a shopping centre operator; or

(iv) a passenger transport service provider.

(2) For the purposes of subsection (1),
customer-facing duties—

(a) in the case of duties performed for or as a hospitality operator or retail operator, means—

(i) working at premises attended by the operator's customers; or

(ii) delivering goods to the operator's customers; and

(b) in the case of duties performed for a shopping centre operator, means working at the retail shopping centre for which the operator is a landlord or manager; and

(c) in the case of duties performed for or as a passenger transport service provider, means—

(i) driving, operating or otherwise working aboard a vehicle or vessel used to carry the passenger transport service provider's customers; or

(ii) working at premises, or at any other place, attended by the passenger transport service provider's customers.

(3) For the purposes of subsection (1)(b), a person performs duties in a relevant capacity for an entity if the person does so—

(a) as an employee, agent or contractor of the entity; or

(b) as a volunteer for the entity; or

(c) as a worker within the meaning of the Labour Hire Licensing Act 2018 who is supplied to the entity by a provider within the meaning of that Act; or

(d) as a self-employed person within the meaning of section 5(1) of the Occupational Health and Safety Act 2004 who works on behalf of the entity; or

(e) as the sole proprietor of the entity; or

(f) in the case of the delivery of goods described in subsection (2)(a)(ii), having been engaged to do so by an entity that—

(i) receives requests for the delivery of goods; and

(ii) arranges for or facilitates the acceptance of those requests.

(4) A person may be an applicable customer-facing worker even if the duties ordinarily or primarily performed by the person do not involve interacting with customers.