COMMONWEALTH OF AUSTRALIA
Commonwealth Employees’ Rehabilitation and Compensation Act 1988
NOTICE OF DECLARATIONS
Notice No 2 of 1992
I, Peter Francis Salmon Cook, Minister of State for Industrial Relations, hereby declare, on and from the date of publication of this Notice in the Commonwealth of Australia Gazette, the following matters for the purposes of various provisions of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (in this Notice referred to as “the Act”):
1. For the purposes of paragraph (c) of the definition of “Commonwealth authority” in subsection 4(1) of the Act, each of the following bodies corporate is declared to be a body corporate in relation to which the Act applies:
Australian Marine Science and Technology Limited
Totalcare Industries Limited.
2. For the purposes of paragraph (d) of the definition of “Commonwealth authority” in subsection 4(1) of the Act, Filtron Pty Ltd is declared to be a body corporate to which the Act Applies.
3. For the purposes of subsection 5(6) of the Act:
(a) a person who is included in the class of persons referred to in the first column of the following table, being a class of persons who engage in activities or perform acts at the request and direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth, or at the request or direction, or for the benefit, of a Commonwealth authority, is declared to be employed by the Commonwealth or by that authority, as the case may be; and
(b) the employment of the person is declared to be constituted by the performance by the person of an act included in the class of acts referred to in the second column of that table opposite to the reference to that class of persons:
First Column Class of Persons | Second Column Class of Acts |
Persons who, under the control or direction of a Commonwealth officer assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the Australian National Botanic Gardens Persons who, under the control or direction of a Commonwealth officer, assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the Great Barrier Reef Marine Park Authority | Acts performed in connection with the rendering of the assistance Acts performed in connection with the rendering of the assistance |
Peter Cook
Peter Cook
Minister for Industrial Relations
Overview
The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 was enacted to address the need for a comprehensive scheme for the rehabilitation and compensation of Commonwealth employees who suffer from work-related injuries or diseases. The Act was introduced by the Commonwealth Parliament to provide a uniform and effective framework for the rehabilitation and compensation of Commonwealth employees, ensuring that they receive appropriate support and assistance in the event of injury or illness arising from their employment. The policy objective of the Act is to promote the recovery and well-being of Commonwealth employees by providing timely and adequate rehabilitation services and financial compensation. The Act aims to ensure that employees who are injured or fall ill in the course of their employment receive the necessary support to recover and return to work, or to receive appropriate compensation if they are unable to do so.
This legislative instrument, Notice No 2 of 1992, made under the authority of the Act, declares certain bodies corporate and classes of persons to be subject to the provisions of the Act. Specifically, Australian Marine Science and Technology Limited, Totalcare Industries Limited, and Filtron Pty Ltd are declared to be Commonwealth authorities for the purposes of the Act, while certain classes of persons assisting in the running of the Australian National Botanic Gardens and the Great Barrier Reef Marine Park Authority are declared to be employed by the Commonwealth for the purposes of the Act. These declarations help to clarify the scope of the Act and ensure that the appropriate provisions apply to the relevant entities and individuals.
Scope and Application
The Commonwealth Employees’ Rehabilitation and Compensation Act 1988 applies to specified bodies corporate and individuals who perform certain activities or acts at the request, direction, benefit, or under the requirement of the Commonwealth or a Commonwealth authority. The Act encompasses entities such as Australian Marine Science and Technology Limited, Totalcare Industries Limited, and Filtron Pty Ltd, which are declared to be bodies corporate to which the Act applies. Additionally, the Act extends to persons who assist in the running of entities such as the Australian National Botanic Gardens and the Great Barrier Reef Marine Park Authority, without receiving any remuneration other than payment of expenses incurred. These persons are deemed to be employed by the Commonwealth or the relevant authority for the purposes of the Act. The application of the Act is not limited to a specific geographic area but rather operates on a national scale, impacting various industries and conduct as outlined in the legislative instrument. There are no stated exclusions, exemptions, or thresholds in this declaration; however, the application may be further extended or restricted through subordinate instruments as per the provisions of the Act.
Key Provisions
The Notice of Declarations (No. 2 of 1992) under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 specifies the application of the Act to certain bodies corporate and classes of persons. Specifically, Australian Marine Science and Technology Limited, Totalcare Industries Limited, and Filtron Pty Ltd are declared to be Commonwealth authorities for the purposes of the Act (1). Additionally, certain individuals assisting in the running of the Australian National Botanic Gardens and the Great Barrier Reef Marine Park Authority are deemed to be employed by the Commonwealth or the relevant authority (3).
The obligations imposed by this declaration include the extension of the Act's provisions to the specified bodies corporate and individuals. These entities and persons are now subject to the same rehabilitation and compensation requirements as other Commonwealth authorities and employees. For example, they must comply with occupational health and safety regulations and provide appropriate working conditions to their employees or volunteers.
Failure to comply with the provisions of the Act can result in various civil and criminal consequences. While specific offences and penalties are not detailed in this Notice, the Act generally provides for fines and imprisonment for breaches of its provisions. The maximum penalties can vary depending on the nature and severity of the breach, with serious offences potentially leading to substantial fines and lengthy imprisonment terms. Compliance with the Act is crucial to avoid these potential consequences.