EXPLANATORY STATEMENT
Occupational Health and Safety (Commonwealth Employment) Act 1991
Issued by authority of the Minister for Employment and Workplace Relations
Notice of Declaration
Notice No 2 of 2002
The purpose of the notice to which this Explanatory Statement relates is to declare certain volunteers who assist the Sydney Harbour Federation Trust to be “employees” for the purposes of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act). The volunteers assist with bush regeneration and restoration or conservation works and by conducting guided tours of the Trust sites.
Section 9(5) of the Act provides that the Minister may, by notice in writing, declare that particular classes of persons may be taken to be employees for the purposes of the Act. A declaration may be made where the class of persons engages 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 or at the request or direction, or for the benefit, of a Commonwealth authority.
The volunteers have workers’ compensation coverage under the provisions of the Safety, Rehabilitation and Compensation Act 1988 by virtue of a declaration under subsection 5(6) of that Act.
The date of effect of the notice will be the date of publication in the Commonwealth of Australia Gazette.
In accordance with subsection 9(6) of the Act, the notice is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
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