Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Declaration under subsection 9(5) (16/12/2002)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted by the Parliament of Australia to ensure that occupational health and safety standards are applied to Commonwealth employment. The Act was introduced to address the need for a consistent and comprehensive approach to managing workplace safety across all Commonwealth workplaces. The Act provides a framework for the prevention of workplace injuries and illnesses and establishes the rights and responsibilities of employers, employees, and others in relation to occupational health and safety. This explanatory statement pertains to a notice issued by the Minister for Employment and Workplace Relations, declaring certain volunteers assisting the Sydney Harbour Federation Trust to be considered "employees" under the Act, thereby extending occupational health and safety protections to these volunteers. This declaration aims to ensure that these volunteers, who undertake activities such as bush regeneration, restoration, conservation works, and guided tours, are afforded the same protections and benefits as formal employees, including workers' compensation coverage under the Safety, Rehabilitation and Compensation Act 1988.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991, through the explanatory statement, clarifies that certain volunteers assisting the Sydney Harbour Federation Trust are to be recognised as "employees" for the purposes of the Act. This recognition is facilitated by a written notice issued by the Minister for Employment and Workplace Relations. These volunteers are engaged in activities such as bush regeneration, restoration or conservation works, and guided tours at Trust sites. Section 9(5) of the Act empowers the Minister to declare particular classes of persons as employees if they perform acts at the request or direction of the Commonwealth or a Commonwealth authority, thereby extending the Act’s coverage to these volunteers. This declaration ensures that these volunteers are afforded the same occupational health and safety protections as formal employees, including workers’ compensation coverage under the Safety, Rehabilitation and Compensation Act 1988. The notice, which is a disallowable instrument, will take effect from the date of its publication in the Commonwealth of Australia Gazette.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) includes provisions that allow the Minister to declare certain volunteers as employees under specific circumstances. Section 9(5) of the Act empowers the Minister to issue a written notice declaring volunteers to be employees, which is applicable to those volunteers assisting the Sydney Harbour Federation Trust. These volunteers are involved in activities such as bush regeneration, restoration, conservation works, and conducting guided tours of Trust sites. This declaration ensures that the volunteers are covered under the provisions of the Act, providing them with certain rights and protections related to occupational health and safety. Under this Act, the declaration of volunteers as employees imposes certain obligations and requirements on both the volunteers and the Sydney Harbour Federation Trust. For the volunteers, this means they are entitled to the same occupational health and safety protections as regular employees. The Trust, as the governing body, is then responsible for ensuring that these safety standards are met and maintained. This includes providing a safe working environment, necessary training, and resources to the volunteers to perform their duties safely. The Act also requires the Trust to report any incidents or hazards that may affect the volunteers’ safety and to take appropriate action to mitigate these risks. Failure to comply with the provisions of the Act can result in various consequences, including both civil and criminal liabilities. While the explanatory statement does not specify the exact penalties for breaches, the general framework of the Act and associated regulations typically includes fines and, in severe cases, imprisonment. The maximum penalties would depend on the specific nature of the breach and the jurisdiction in which it occurs. Additionally, the volunteers who are declared employees under this Act are entitled to workers’ compensation coverage under the Safety, Rehabilitation and Compensation Act 1988, as referenced in subsection 5(6) of that Act. This ensures that any injury or illness arising from their volunteer work is appropriately compensated. The notice of declaration is effective from the date of its publication in the Commonwealth of Australia Gazette and is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901.