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. (5) An emergency worker is not an applicable customer-facing worker for the purposes of this section. (6) In this section, ***customer***— (a) in relation to a shopping centre operator, means a person who is the customer of a business located at the retail shopping centre for which the operator is a landlord or manager; and (b) in relation to a passenger transport service provider, means a person who is— (i) carried as a passenger by the passenger transport service provider; or (ii) provided with services by the passenger transport service provider in connection with being carried as a passenger. S. 51D inserted by No. 52/2025 s. 10.