Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (03/12/1991)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to ensure the health, safety, and welfare of employees of the Commonwealth, including those within the Australian Defence Force. This Act was introduced to address the need for a uniform and comprehensive approach to occupational health and safety across all Commonwealth employment sectors. The policy objective of the Act is to provide a framework for managing health and safety risks in the workplace, thereby preventing workplace injuries and illnesses. The Act was enacted by the Commonwealth Parliament and applies to all Commonwealth employees, including those in the Australian Defence Force, with certain specified modifications as outlined in the legislative instrument. The declaration made under the Act confirms the applicability of specific sections to the members of the Australian Defence Force, with the necessary adjustments to account for their unique circumstances and roles.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies specifically to all members of the Australian Defence Force, encompassing a defined class of individuals within the Defence Force. The Act pertains to occupational health and safety matters, ensuring that the provisions relating to sections 24 to 38 inclusive are applicable to these members. However, it is crucial to note that the term 'employees' as referenced in these sections does not include members of the Australian Defence Force, a modification declared by the Chief of the Defence Force under subsection 7(2) of the Act. This jurisdictional application underscores a tailored approach to occupational health and safety within the Defence Force, distinguishing it from civilian employees. The Act’s scope is limited to the Commonwealth, thereby not extending to state or territory-based entities or industries, ensuring a clear demarcation in its application and enforcement.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 includes several key sections, particularly sections 24 to 38, which apply to the Australian Defence Force (ADF) with specific modifications. Section 24(1) requires the Chief of the Defence Force to take all reasonably practicable steps to ensure the health, safety, and welfare of ADF members. Section 25(1) mandates the appointment of a person to be responsible for occupational health and safety (OHS) within the ADF, ensuring compliance with the Act’s requirements. Section 26(1) obliges ADF members to cooperate with the Chief of the Defence Force and the designated OHS person to facilitate compliance with the Act. The Act imposes several obligations on the parties it governs. Firstly, under section 24(1), the Chief of the Defence Force must ensure that all reasonably practicable steps are taken to safeguard the health, safety, and welfare of ADF members. This includes providing appropriate training, equipment, and information on OHS matters. Section 25(1) requires the appointment of an OHS person, who must be knowledgeable in occupational health and safety and tasked with overseeing compliance within the ADF. Section 27(1) further obligates ADF members to cooperate with the Chief of the Defence Force and the OHS person, which includes participating in OHS training and adhering to OHS policies and procedures. Failure to comply with the Occupational Health and Safety (Commonwealth Employment) Act 1991 can result in various consequences. Section 35(1) stipulates that any person who contravenes the Act is liable to a penalty. The penalties can vary depending on the nature of the breach, with maximum penalties outlined in section 36(1). For example, an individual officer may face fines up to $66,000 under section 36(2)(a), while a body corporate can incur penalties up to $330,000 under section 36(2)(b). Additionally, section 37 provides that a court may order the offender to remedy the contravention, ensuring that corrective actions are taken to address any non-compliance. Section 38 further empowers the court to impose additional civil penalties, thereby providing a comprehensive framework for enforcing the Act's provisions.