Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Declaration under section 9(5) (No. 2 of 2000)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to address the occupational health and safety needs of employees working under Commonwealth employment. This Act ensures that employees of Commonwealth authorities are covered under occupational health and safety laws, providing them with the same protections as employees in the private sector. The Act was introduced by the Australian Parliament to provide a legislative framework that ensures consistent occupational health and safety standards across all Commonwealth employment. The policy objective of this Act is to safeguard the health and safety of employees by ensuring that employers provide a safe working environment, as well as appropriate training and information on occupational health and safety matters. The Notice of Declaration under Section 9(5) of the Act, issued by Peter Reith, the Minister for Employment, Workplace Relations and Small Business, clarifies the scope of employment for certain persons engaged by the Great Barrier Reef Marine Park Authority. This declaration ensures that these individuals, who assist in the operations of the Authority without receiving remuneration beyond expenses, are recognised as employees for the purposes of the Act. This legislative instrument aims to extend the protections of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to these individuals, ensuring they are afforded the same occupational health and safety rights and protections as other Commonwealth employees.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to certain individuals who engage in activities for the benefit of a Commonwealth Authority, specifically those who assist in the operation of the Great Barrier Reef Marine Park Authority without receiving any remuneration beyond expense payments. This declaration made under section 9(5) of the Act specifies that such individuals are deemed to be employed by the Authority, with their employment being constituted by the performance of acts involved in the operation of the Authority. The Act's application is limited to those individuals who operate under the control or direction of a Commonwealth officer and perform activities at the request or direction of the Great Barrier Reef Marine Park Authority. The jurisdictional reach of this legislation is Commonwealth-wide, as it pertains to employment practices within federal authorities. The Act does not explicitly state any exclusions, exemptions, or thresholds, though the specific application of its provisions might be extended or restricted through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The main operative sections of this notice, as per subsection 9(5) of the Occupational Health and Safety (Commonwealth Employment) Act 1991, declare that certain individuals who assist in the operations of the Great Barrier Reef Marine Park Authority are considered employed by this Commonwealth Authority. Specifically, the notice identifies individuals who, under the control or direction of a Commonwealth officer, assist without remuneration in the operations of the Authority (section 9(5)(a)). These individuals are deemed to be employed by the Authority through their participation in activities that are part of the Authority's operations (section 9(5)(b)). This inclusion of these individuals under the employment umbrella of the Authority is effective from the date of publication of this notice in the Commonwealth of Australia Gazette. The obligations imposed by this Act on the parties or entities it governs include ensuring that the health and safety of these employees is managed in accordance with occupational health and safety laws. This means that the Great Barrier Reef Marine Park Authority must provide a safe working environment, implement necessary safety measures, and comply with all relevant health and safety regulations. The Authority is also responsible for ensuring that any risks associated with the activities of these employees are adequately assessed and mitigated. These obligations extend to providing the necessary training, resources, and support to maintain a safe workplace for all employees, including those declared employed by the Authority under this notice. Breaches of the Occupational Health and Safety (Commonwealth Employment) Act 1991 can lead to various civil and criminal consequences. For example, failure to comply with the Act's requirements can result in significant fines and penalties. Under the Act, an individual can face a fine of up to $66,600, and a body corporate can be fined up to $333,000 for breaches of occupational health and safety provisions. Additionally, officers of a body corporate can face personal penalties, including fines of up to $13,200 for individuals and $66,000 for bodies corporate. These penalties underscore the importance of adhering to the Act's provisions and maintaining high standards of workplace safety and health.