Safety, Rehabilitation and Compensation Act 1988
Part VIII
AUSTRALIAN POSTAL CORPORATION
NOTICE OF EXTENSION AND VARIATION OF LICENCE
Notice No 6 of 2014
The Australian Postal Corporation, ABN 28 864 970 579 (the Licensee), is a Commonwealth authority for the purposes of Part VIII of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act).
The Safety, Rehabilitation and Compensation Commission (the Commission), acting under sections 103 and 104 of the SRC Act, granted a licence to the Australian Postal Corporation on 6 June 2003 with a commencement date of 1 July 2003 at 12.01am (Australian Eastern Standard Time) and a cessation date of midnight (Australian Eastern Standard Time) on 30 June 2006 (the Licence).
This grant was notified by Notice No.14 of 2003 in Commonwealth Gazette No. P7 on 1 July 2003.
The Licence was subsequently extended and/or varied by the Commission on:
- 11 June 2004 by Notice No. 8 of 2004, Commonwealth Gazette No. P4 on 30 June 2004;
- 5 June 2006 by Notice No. 5 of 2006, Commonwealth Gazette No. GN23 on 14 June 2006;
- 23 April 2007 by Notice No. 6 of 2007, Commonwealth Gazette No. GN17 on 2 May 2007;
- 18 June 2008 by Notice No. 11 of 2008, Commonwealth Gazette No. GN25 on 25 June 2008; and
- 21 June 2010 by Notice No. 9 of 2010, Commonwealth Gazette No. GN25 on 30 June 2010.
Prior to this extension, the Licence had a cessation time and date of midnight (Australian Eastern Standard Time) on 30 June 2014.
The Commission, acting under subsection 105(1) of the SRC Act, extends the term of the abovementioned Licence for the period commencing 1 July 2014 at 12:01am (Australian Eastern Standard Time) and a cessation time of midnight (Australian Eastern Standard Time) on 30 June 2018.
The Commission, acting under subsection 108D(2) of the SRC Act, varies the conditions of the abovementioned Licence as set out below.
Substitute “Occupational Health and Safety Act 1991 (OHS Act)” with “Work Health and Safety Act 2011 (WHS Act)” in clause 8 and substitute all subsequent references to the “OHS Act” and “OHS” with the “WHS Act” and “WHS” respectively.
Prudential Condition 4.2(c) is replaced by the following.
(c) obtained from a corporation that is authorised by the Australian Prudential Regulatory Authority (APRA) to carry on:
(i) banking business in Australia under the Banking Act 1959 (Cth) and has an issuer credit rating of or equivalent to a Standard and Poor’s AA- or better; or
(ii) insurance business in Australia under the Insurance Act 1973 (Cth) and has an issuer credit rating of or equivalent to a Standard and Poor's AA- or better and a financial strength rating of or equivalent to a Standard and Poor’s AA- or better.
The variations take effect at 12:01 am (Australian Eastern Standard Time) on 1 July 2014.
Dated the 25th day of June 2014.
Barry Sherriff
Chairperson
Safety, Rehabilitation and Compensation Commission
Overview
The Safety, Rehabilitation and Compensation Act 1988, enacted by the Parliament of Australia, was introduced to address issues related to safety, rehabilitation, and compensation for employees in Commonwealth entities. The Act establishes a framework to ensure that employees who suffer work-related injuries or illnesses receive appropriate medical treatment, rehabilitation, and compensation. The 1988 Act has undergone various amendments to keep up with changing industrial standards and to better serve the needs of employees. The legislation provides for a comprehensive system that includes the Safety, Rehabilitation and Compensation Commission, which is responsible for administering the provisions of the Act. The policy objective of the Act is to provide a fair and efficient system for the rehabilitation and compensation of employees who have been injured or have contracted a disease in the course of their employment.
In 2014, the Australian Postal Corporation's licence under the SRC Act was extended and varied by the Safety, Rehabilitation and Compensation Commission, with the changes taking effect from 1 July 2014. The extension and variation aimed to update the licensing conditions to reflect changes in relevant legislation, such as the substitution of references to the Occupational Health and Safety Act 1991 with the Work Health and Safety Act 2011. Additionally, the Prudential Condition 4.2(c) was updated to reflect the current requirements for financial institutions authorised by the Australian Prudential Regulatory Authority. This ensures that the Australian Postal Corporation remains compliant with the latest regulatory standards and continues to provide a safe working environment for its employees.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to the Australian Postal Corporation, a Commonwealth authority, providing it with a licence under Part VIII of the Act. This legislation primarily governs the safety, rehabilitation, and compensation of employees in Commonwealth employment, including the Australian Postal Corporation. The Act extends its jurisdiction across the Commonwealth of Australia, providing a framework for the management of occupational health and safety, rehabilitation, and compensation for employees in Commonwealth employment. The scope of the Act is amended and updated through subordinate instruments, such as notices and gazettes, which provide for the extension or variation of licences and conditions. For instance, the Act has been updated to replace references to the Occupational Health and Safety Act 1991 with the Work Health and Safety Act 2011, ensuring that the Australian Postal Corporation complies with the latest regulatory standards. The Act also includes specific conditions for the Corporation's financial arrangements, such as obtaining credit from authorised financial institutions with specific credit ratings. This ensures that the Corporation maintains high financial stability and reliability in its operations.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) governs occupational health and safety, rehabilitation, and compensation for certain industries, including the Australian Postal Corporation (APC). Under section 105(1) of the SRC Act, the Safety, Rehabilitation and Compensation Commission (Commission) has the authority to grant a licence to the APC, which was initially granted on 6 June 2003 and has since been extended and varied several times. The most recent extension and variation of the licence, notified by Notice No. 6 of 2014, extends the licence term until 30 June 2018 and modifies the conditions of the licence to update references to the Occupational Health and Safety Act 1991 (OHS Act) to the Work Health and Safety Act 2011 (WHS Act). Additionally, the new Prudential Condition 4.2(c) specifies that the APC must obtain certain financial services from corporations authorised by the Australian Prudential Regulatory Authority (APRA), with specific credit ratings required for banking and insurance services.
The SRC Act imposes several obligations and requirements on the APC, including compliance with the WHS Act, maintaining adequate insurance coverage, and ensuring that all employees and contractors are aware of and comply with occupational health and safety regulations. The APC must also submit regular reports to the Commission detailing their compliance with the licence conditions, including any incidents or injuries that occur in the workplace. Furthermore, the APC is required to maintain a register of all employees and contractors, including their job titles and responsibilities, to ensure that everyone is aware of their health and safety obligations.
Failure to comply with the SRC Act and the conditions of the licence may result in civil or criminal consequences. The SRC Act provides for a range of penalties, including fines of up to $1.2 million for individuals and $6 million for corporations, for breaches of occupational health and safety regulations. Additionally, the APC may be subject to injunctions, orders, or other remedies to ensure compliance with the SRC Act and the licence conditions. In cases where a breach of the SRC Act results in a fatality or serious injury, the APC may also be subject to criminal charges, which could result in imprisonment for individuals and fines for corporations. It is essential for the APC to ensure that they comply with the SRC Act and the conditions of the licence to avoid any potential legal or financial consequences.