Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Declaration under section 9(5) (No. 3 of 2000)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to address the need for consistent health and safety standards for employees working under the Commonwealth, ensuring their protection and well-being while performing their duties. This Act was introduced by the Commonwealth Parliament to fill a legislative gap concerning occupational health and safety specific to federal employees. The policy objective of the Act is to provide a framework for ensuring safe and healthy working conditions for employees of the Commonwealth by prescribing safety standards and measures that align with the overarching principles of occupational health and safety. The declaration under section 9(5) by Peter Keaston Reith, the Minister for Employment, Workplace Relations and Small Business, exemplifies the legislative intent to explicitly define the employment status of certain individuals who perform activities for the benefit of the Commonwealth, thus extending occupational health and safety protections to these individuals.

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. This Act, through its legislative instrument F2006B11619, extends its jurisdiction to cover individuals who assist the National Capital Authority in fostering an awareness of Canberra as the National Capital. These individuals, despite not receiving remuneration other than reimbursement of expenses incurred, are considered to be employed by the Commonwealth for the purposes of occupational health and safety. The Act's geographical reach is confined to the Commonwealth, affecting those who work under its purview. Exclusions or exemptions are not specified in this particular legislative instrument, but the Act may extend or restrict its application through subordinate instruments, which are subject to the provisions of the principal Act.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 contains several key provisions that are crucial for understanding its scope and application. Section 9(5) is particularly significant, as it allows the Minister to declare certain classes of persons as being employed by the Commonwealth, and to specify the acts that constitute their employment. This declaration, as seen in Notice No 3 of 2000, pertains to individuals who assist the National Capital Authority in promoting Canberra as the National Capital without receiving any remuneration other than the payment of expenses incurred. These individuals are considered employees of the Commonwealth, and their employment is defined by the acts they perform in connection with their assistance. Under this legislative instrument, the obligations imposed on the parties involved are primarily administrative and relational. The Minister’s declaration formalises the employment relationship between the Commonwealth and these volunteers, ensuring that they are covered under the Occupational Health and Safety (Commonwealth Employment) Act 1991. This inclusion means that these individuals are entitled to certain protections and benefits afforded to Commonwealth employees, such as the right to a safe working environment and the ability to make health and safety-related complaints. The Act also includes provisions regarding potential breaches and the consequences thereof. Offences under the Act may lead to both civil and criminal penalties, depending on the nature and severity of the breach. For example, if an employer fails to comply with health and safety requirements, they could face fines or imprisonment. The specific penalties are not detailed in the Notice but generally, under the Act, the maximum penalties for breaches can include substantial fines for corporations and imprisonment for individuals, depending on the seriousness of the offence. These measures ensure that the Act’s provisions are enforced and that the safety and well-being of all Commonwealth employees, including those declared under Section 9(5), are protected.