Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 244 1

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Occupational Health and Safety (Commonwealth Employment) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Occupational Health and Safety (Commonwealth Employment) Act 1991.

 Dated 21 July 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PETER COOK

Minister of State for Industrial Relations

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1.   Amendment

1.1   The Occupational Health and Safety (Commonwealth Employment) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48]

2.   Regulation 2 (Interpretation)

2.1   Insert the following definitions:

“ ‘A.C.T. transitional staff’ means the transitional staff within the meaning of the A.C.T. Self-Government (Consequential Provisions) Act 1988;”.

3.   New regulation 38

3.1   After regulation 37, insert:

Modification of the Act in relation to Commonwealth employees who are members of the A.C.T. transitional staff

“38.

(1)  This regulation applies to an employee who:

• (a)

  is a member of the A.C.T. transitional staff; and

• (b)

  performs duties at a place that is owned or occupied by the Australian Capital Territory Executive established by section 36 of the Australian Capital Territory (Self-Government) Act 1988.

“(2)

For the purposes of section 15 of the Act, the Act (other than Parts 1 and 2 and section 82) applies in relation to the employee and to the employee’s place of work, subject to the modifications and adaptations set out in Schedule 4.”.

4.   New Schedule 4

4.1   Add at the end of the Regulations:

SCHEDULE 4

Subregulation 38 (2)

MODIFICATIONS OF THE ACT IN RELATION TO AN EMPLOYEE WHO IS A MEMBER OF THE A.C.T. TRANSITIONAL STAFF

OR IN RELATION TO THE EMPLOYEE’S PLACE OF WORK

1.   New section 23a

1.1   After section 23, insert in Part 3:

“Division 1a — Interpretation

Interpretation

 “23a. In this Part, unless the contrary intention appears:

‘employee’ means a person to whom regulation 38 of the Occupational Health and Safety (Commonwealth Employment) Regulations applies;

‘workplace’ means a place:

• (a)

  at which employees work; and

• (b)

  that is owned or occupied by the Australian Capital Territory Executive established by section 36 of the Australian Capital Territory (Self-Government) Act 1988.”.

2.   New section 38a

2.1   After section 38, insert in Part 4:

“Division 1a — Interpretation

Interpretation

 “38a. In this Part, unless the contrary intention appears, ‘employee’ and ‘workplace’ have the same meanings as in section 23a.”.

3.   Section 65 (Report to be given to Minister in certain circumstances)

3.1   Subsection 65 (1):

After “Minister”, insert “and the Chief Minister of the Australian Capital Territory”.

3.2   Add at the end:

“(3)

The Chief Minister is to cause a copy of the report to be laid before the Legislative Assembly of the Australian Capital Territory as soon as practicable after the report is given to the Chief Minister.”.

4.   Section 66 (Report to be given to Minister of failure to comply with directions etc.)

4.1   Subsection 66 (1):

After “Minister”, insert “and the Chief Minister of the Australian Capital Territory”.

4.2   Add at the end:

“(3)

The Chief Minister is to cause a copy of the report to be laid before the Legislative Assembly of the Australian Capital Territory as soon as practicable after the report is given to the Chief Minister.”.

5.   New section 67a

5.1   After section 67, insert in Part 5:

Interpretation

 “67a. In this Part, unless the contrary intention appears, ‘employee’ and ‘workplace’ have the same meanings as in section 23a.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 July 1992.

2. Statutory Rules 1991 No. 266.