Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (10/04/1995)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to provide for the occupational health and safety of employees of the Commonwealth. This legislation was introduced to address the need for a comprehensive framework that ensures the health and safety of employees working for the Commonwealth. The Act was enacted by the Parliament of Australia, reflecting the policy objective of maintaining a safe and healthy working environment for Commonwealth employees. The legislation provides a clear and overarching legal basis for enforcing occupational health and safety standards across all Commonwealth workplaces, thereby protecting employees from workplace hazards. The 1995 declaration by the Chief of the Defence Force, Admiral Alan Lee Beaumont, specifies certain exemptions from section 68 of the Act for ADF members involved in specific activities, recognising the unique operational contexts of such deployments and activities.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to employees of the Commonwealth and its agencies, including the Australian Defence Force (ADF). The Act provides for the health and safety of employees in the course of their employment and imposes obligations on employers to ensure safe working conditions. However, a specific section of the Act, namely section 68, has been declared by the Chief of the Defence Force, Admiral Alan Lee Beaumont, not to apply to certain members of the ADF who are involved in particular activities. This declaration, made on 10 April 1995 and pursuant to subsection 7(2) of the Act, exempts ADF members involved in operational deployments, ADF deployments in support of the United Nations, or organised ADF sporting activities from the provisions of section 68. This jurisdictional exclusion is made in recognition of the unique and often hazardous nature of these activities, which may require different considerations and regulations not encompassed by the standard provisions of the Act.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 provides a framework for ensuring safe and healthy working conditions for employees in the Commonwealth public sector. Section 68 of the Act generally requires employers to consult with employees on health and safety matters. However, pursuant to subsection 7(2) of the Act (referenced in the declaration), a specific declaration has been made by the Chief of the Defence Force, Admiral Alan Lee Beaumont, exempting certain members of the Australian Defence Force from the application of section 68. These exemptions apply to ADF personnel involved in ADF operational deployments (section 68(a)), ADF deployments in support of the United Nations (section 68(b)), or organised ADF sporting activities (section 68(c)). The Act imposes several obligations on employers, such as ensuring the health and safety of employees through risk assessments, providing necessary training, and maintaining safe work environments. These obligations are essential to prevent workplace injuries and illnesses, and to promote a culture of safety within the workplace. While the declaration exempts certain ADF members from the consultation requirement under section 68, it does not exempt them from the broader obligations under the Act. Employers are still responsible for ensuring the health and safety of their employees, including those who are exempt from specific consultation provisions. Breaches of the Occupational Health and Safety (Commonwealth Employment) Act 1991 can result in both civil and criminal consequences. Under section 31 of the Act, an individual or organisation found guilty of an offence may be subject to a fine of up to $210,000 for an individual and $1,050,000 for a body corporate. Additionally, under section 32, a person who is responsible for a corporation's breach of the Act may also be liable for the offence and subject to the same penalties. These provisions underscore the importance of compliance with the Act and the potential consequences of non-compliance.