Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Declaration under section 9(5) (No. 1 of 2000)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to ensure that occupational health and safety regulations are uniformly applied to all Commonwealth employees, addressing a gap in the regulation of occupational health and safety across various Commonwealth departments and agencies. This Act was introduced by the Australian Parliament with the policy objective of providing a comprehensive framework to protect the health and safety of individuals employed by the Commonwealth. The Act applies to a wide range of Commonwealth employees, including those who are directed by or assist Commonwealth officers or the Director of National Parks in activities related to the Department of the Environment and Heritage, among others. The legislative instrument, Notice No. 1 of 2000, declares certain persons to be employed by the Commonwealth and specifies the acts that constitute their employment, ensuring these individuals are covered under the occupational health and safety provisions of the Act.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to persons who engage in activities or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth. Specifically, the Act includes individuals who assist in the running of the Department of the Environment and Heritage (excluding the Bureau of Meteorology) or assist the Director of National Parks, provided they do so under the control or direction of a Commonwealth officer or the Director of National Parks without receiving any remuneration beyond the payment of incurred expenses. This legislation constitutes such persons as employed by the Commonwealth, with their employment being deemed to arise from the performance of acts included in the specified classes. The jurisdictional reach of this Act is federal, applying to activities conducted within the Commonwealth of Australia. The Act does not specify any exclusions, exemptions, or thresholds within the declared notice, but it is understood that further regulations or subordinate instruments may extend or restrict its application in certain contexts.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the "Act") outlines the health and safety obligations for employees of the Commonwealth. Section 9(5) of the Act is particularly significant as it pertains to the declaration of employment status for certain individuals who perform acts under the direction of the Commonwealth. Notice No. 1 of 2000, issued under section 9(5), identifies specific classes of persons who are deemed to be employed by the Commonwealth. For instance, individuals assisting in the running of the Department of the Environment and Heritage (excluding the Bureau of Meteorology) or aiding the Director of National Parks, who do so without remuneration beyond the reimbursement of incurred expenses, are considered Commonwealth employees. Their employment is constituted by the performance of acts assisting in these capacities. The Act imposes specific obligations on the Commonwealth to ensure the health and safety of these employees. These obligations include providing a safe working environment, necessary training and information, and ensuring compliance with any relevant health and safety standards. The Commonwealth must also establish and maintain health and safety management systems and procedures, which are designed to prevent workplace injuries and illnesses. Furthermore, the Act requires the Commonwealth to conduct regular health and safety audits and to take corrective actions where necessary. Failure to comply with the provisions of the Act can result in significant consequences. Section 19 of the Act outlines various offences, including failing to provide a safe working environment, neglecting to train employees adequately, and not maintaining health and safety management systems. Such breaches can result in both criminal and civil penalties. For example, an individual officer may face a maximum penalty of six months' imprisonment or a fine of up to $3,000 under section 27. Additionally, corporations found guilty of contravening the Act can be fined up to $300,000 for each offence, as stipulated in section 28. These penalties underscore the importance of adhering to the Act's requirements to maintain a safe and healthy workplace for all Commonwealth employees.