Commonwealth Employees' Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6)

Overview

The Commonwealth Employees’ Rehabilitation and Compensation Act 1988, enacted by the Australian Parliament, was introduced to address the need for providing compensation and rehabilitation for Commonwealth employees who suffer from work-related injuries or illnesses. The Act aims to ensure that such employees receive appropriate support and benefits. The legislative instrument F2009B00115, declared by Peter Francis Salmon Cook, Minister of State for Industrial Relations on 21 February 1991, expands the definition of Commonwealth employment to include certain classes of persons who perform activities at the request or direction of, or for the benefit of, the Commonwealth. This includes individuals who render assistance to the Australian Secret Intelligence Service under the control or direction of an officer, with the aim of protecting Australia's national interest, thereby extending the coverage of the Act to these specific categories of personnel.

Scope and Application

The Commonwealth Employees’ Rehabilitation and Compensation Act 1988, as amended by the legislative instrument F2009B00115, pertains to the classification of certain individuals as Commonwealth employees for the purposes of the Act. Specifically, the Act extends its application to persons who engage in activities or perform acts at the behest or direction of the Commonwealth, or for its benefit, and who are within classes specified in the legislative instrument. These individuals, who may render assistance in activities relating to Australia’s national interest under the control or direction of an officer of the Australian Secret Intelligence Service, are considered Commonwealth employees for the Act. The scope of their employment, as delineated by the Act, includes acts performed in connection with the execution of these specified activities. This legislative instrument applies nationally, under the authority of the Commonwealth, and does not explicitly state any exclusions or exemptions within its text, although it does provide for the classification of these individuals and their activities within the parameters of the Act. The instrument also allows for the extension or restriction of application through subordinate instruments, although such provisions are not detailed in the excerpt provided.

Key Provisions

The key provisions of this legislative instrument (F2009B00115) are outlined in subsection 5(6) of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988. It specifies that certain classes of persons who engage in activities or perform acts at the request or direction, or for the benefit, of the Commonwealth are considered to be employed by the Commonwealth for the purposes of the Act (subsection 5(6)(a)). These persons, who fall under the first column of the table, are those who render assistance in activities relating to Australia’s national interest under the control or direction of an officer of the Australian Secret Intelligence Service. The employment of these individuals is considered to be constituted by the acts they perform, as detailed in the second column of the table, which includes acts performed in connection with the activities (subsection 5(6)(b)). The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that the specified class of persons, who assist in national security-related activities under the direction of an officer of the Australian Secret Intelligence Service, are to be recognised as Commonwealth employees. This recognition extends to their employment status being defined by the specific acts they perform in the course of these activities. This legislative provision ensures that these individuals, while not traditionally employed in a conventional sense, receive the necessary legal protections and entitlements afforded to Commonwealth employees under the Act. The legislative instrument also delineates potential consequences for non-compliance with the Act’s provisions. While the instrument itself does not explicitly outline offences or penalties, breaches of the Act could result in civil or criminal consequences under the broader framework of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988. For instance, failure to provide appropriate rehabilitation and compensation as required by the Act could lead to legal action against the Commonwealth. Additionally, if the activities of these individuals were to result in harm or negligence, further legal repercussions might arise under other relevant legislation. However, the specific maximum penalties for such breaches are not detailed in this legislative instrument but would be subject to the penalties stipulated in the overarching Act and any related statutes.