Work Health and Safety (Class of Worker) Declaration 2022 (No. 1) (Cth)

Work Health and Safety (Class of Worker) Declaration 2022 (No. 1)

I, Tony Burke, Minister for Employment and Workplace Relations, make the following declaration.

Dated               23 September 2022                 

Tony Burke

Minister for Employment and Workplace Relations

Contents

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

2  Commencement........................................................................................................................ 1

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

4  Definitions................................................................................................................................ 1

5  Schedules................................................................................................................................. 1

6  Declaration—persons who are workers................................................................................... 1

Schedule 1—Repeals  3

Work Health and Safety (Class of worker) Notice 2012 (No. 1)   3

1  Name

This instrument is the Work Health and Safety (Class of Worker) Declaration 2022 (No. 1).

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under subsection 7(2F) of the Work Health and Safety Act 2011.

4  Definitions

In this instrument:

Act means the Work Health and Safety Act 2011.

Australian Defence Force Cadets has the meaning given by subsection 62(1) of the Defence Act 1903.

5  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Declaration—persons who are workers

For the purposes of subsection 7(2F) of the Act, a person who is a member of the Australian Defence Force Cadets, other than as an officer or instructor, is:

(a)  a worker; and

(b)  at work throughout the time when the person is engaged in activities as a member of the Australian Defence Force Cadets; and

(c)  carrying out work for a business or undertaking conducted by the Commonwealth when the person is engaged in activities connected with the Australian Defence Force Cadets, but not otherwise.

Note: Officers and instructors are not captured by this instrument, as they are already considered workers under subsection 7(1) of the Act.

Schedule 1—Repeals

Work Health and Safety (Class of worker) Notice 2012 (No. 1)

1  The whole of the instrument

Repeal the instrument.