EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment, Workplace Relations and Small Business
Occupational Health and Safety (Commonwealth Employment) Act 1991
Persons taken to be employed by the Commonwealth
The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides for the health and safety of Commonwealth employees and others at work and establishes a framework within which Commonwealth employers, employees and involved unions cooperate to address health and safety issues.
Subsection 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 can be made under subsection 9(5) where the class of persons 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.
The Act does not currently apply to the following classes of people:
a) Those who hold an honorary rank in the Defence Force; and
b) Those who are members of philanthropic organisations that provides services to the Defence Force.
It is appropriate that these people, who perform acts for and on behalf of the Commonwealth, through a connection with, or in, the Australian Defence Force, have occupational health and safety coverage under the Act.
Accordingly the declaration by the Minister for Employment, Workplace Relations and Small Business under the Act will ensure that it applies to these classes of persons when they perform such acts.
The declaration will take effect from the date of Gazettal.
TONY ABBOTT