Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1)

Administered by Department of Employment and Workplace Relations

Legislation au F2001B00112 Regulations Not in force Legislative Instrument

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Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1) 2001 No. 54

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 54

Issued by the Authority of the Minister for Employment, Workplace Relations and Small Business

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1)

Section 82 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides that the Governor-General may make regulations prescribing (inter alia) matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the Regulations is to amend the Occupational Health and Safety (Commonwealth Employment) Regulations 1991 (the Regulations) to:

•       Remove an inconsistency between the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) and the Regulations relating to the appointment of investigators under section 40 of the Act by omitting the words 'Valid until (date when appointment ceases)' from Schedule 2;

•       Ensure that a delegate of the Chief Executive Officer of Comcare has the power to sign an investigator's certificate of appointment under regulation 32; and

•       Omit regulation 37H which requires employers to provide a report in writing to Comcare indicating the average number of fulltime equivalent employees and the total number of hours worked by employees of the employer in the previous financial year.

Appointment of investigators

The Regulations make two amendments concerning the appointment of investigators. The first removes an apparent inconsistency between the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) and the Regulations on the term of an investigator's appointment.

Investigators are appointed under section 40 of the Act. Subsection 40(3) provides that a person's appointment ceases to have effect when Comcare revokes the appointment or the person resigns the appointment by written notice given to Comcare.

Subsection 40(6) of the Act provides that Comcare must issue to an investigator an identity card in a prescribed form. Subregulation 31(1) provides that the prescribed form of the identity card is set out in Schedule 2 of the Regulations.

Schedule 2 of the Regulations sets out the form of the identity card. Previously this included a requirement to specify the date when the inspector's appointment ceases. This was expressed as 'Valid until (date when appointment ceases)'.

This requirement in Schedule 2 was in conflict with subsection 40(3) of the Act. The amendment to the Regulations corrects this inconsistency by deleting from Schedule 2 of the Regulations the requirement to provide the date when the appointment of the investigator ceases.

The Regulations also amend subregulation 32(2) to ensure that a delegate of the Chief Executive Officer of Comcare has; the power to sign an investigator's certificate of appointment.

Subregulation 32(1) provides that Comcare must issue to an investigator a certificate of appointment. Subregulation 32(2) prescribes the information, which such a certificate must contain, which includes the signature of the Chief Executive Officer of Comcare.

The Chief Executive Officer of Comcare previously signed all certificates of appointment. The regulation ensures that the Chief Executive Officer of Comcare can delegate responsibility for the signing of certificates of appointment for investigators. The regulation will promote administrative efficiency.

Statistical reports

Regulation 37H previously required employers to report in writing to Comcare within 30 days after the end of a financial year, indicating the average number of full-time equivalent employees of the employer in that year and the total number of hours worked by employees of the employer in the year.

The data sought under regulation 37H is already provided by employers via the premium process and through reporting against the performance indicators of the Safety, Rehabilitation and Compensation Commission. The information required by regulation 37H is used only in the calculation of the premium and in assessing OHS performance against the Commission's indicators. As this information is collected by other means, regulation 37H has been omitted.

Details of the Regulations are attached.

The Regulations commenced on gazettal.

ATTACHMENT

Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of the Regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision,, stating that the Occupational Health and Safety (Commonwealth Employment) Regulations 1991 (the Regulations) are amended as provided for in Schedule 1.

Schedule 1 - Amendments

Item 1

Item 1 of Schedule 1 amends the Regulations by inserting a new subregulation, subregulation 32 (2A). The new subregulation provides that the Chief Executive Officer (of Comcare) may, in writing, delegate the Chief Executive Officer's function under paragraph (2)(c).

Item 2

Item 2 of Schedule 1 omits regulation 37H from the Regulations which required employers to provide a report in writing to Comcare indicating the average number of fulltime equivalent employees and the total number of hours worked by employees of the employer in the previous financial year.

Item 3

Item 3 omits the words "Valid until (date when appointment ceases) from Schedule 2 of the Regulations thereby removing an inconsistency between the Occupational Health and Safety (Commonwealth Employment) Act 1991 and the Regulations relating to the appointment of investigators under s.40 of the Act.

 

Overview

The Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1), enacted under the authority of the Minister for Employment, Workplace Relations and Small Business, serve to amend the Occupational Health and Safety (Commonwealth Employment) Regulations 1991. This legislative amendment responds to the need to rectify inconsistencies within the existing framework and to enhance administrative efficiency. Specifically, the Regulations address the inconsistency in the term of an investigator’s appointment by removing the requirement to specify an expiration date on the identity card, aligning the regulations more closely with the Act. Additionally, they empower a delegate of the Chief Executive Officer of Comcare to sign an investigator's certificate of appointment, streamlining the administrative process. Furthermore, the Regulations omit a redundant requirement for employers to report statistical data on full-time equivalent employees and total hours worked, as this information is already collected through other mechanisms. The overarching policy objective is to ensure the regulations are consistent with the Act and to facilitate smoother operational processes within the framework of occupational health and safety for Commonwealth employees.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1) applies to the Commonwealth government and its agencies, specifically in the context of occupational health and safety (OHS) within the federal employment sector. The regulations amend the existing Occupational Health and Safety (Commonwealth Employment) Regulations 1991 to address inconsistencies and streamline processes. The Act applies to all employers engaged in Commonwealth employment, which includes various industries and sectors under the federal jurisdiction. Notably, the amendments pertain to the appointment of OHS investigators and the removal of certain reporting requirements for employers. The Regulations do not introduce any new exclusions or thresholds but rather refine existing provisions to ensure coherence with the primary Act. The scope of these amendments is limited to procedural adjustments and does not extend to substantive changes in OHS standards or obligations. The Regulations came into effect immediately upon gazettal.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 1) (the Regulations) introduce several key amendments to the Occupational Health and Safety (Commonwealth Employment) Regulations 1991 (the existing Regulations). These amendments focus on the appointment of investigators and the removal of a redundancy in statistical reporting requirements. Under section 40 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act), investigators are appointed to carry out specific duties related to occupational health and safety. The Regulations make two significant changes concerning these appointments. Firstly, they remove the inconsistency in the term of an investigator's appointment by eliminating the requirement in Schedule 2 to specify the date when the appointment ceases (Item 3). This aligns the Regulations with subsection 40(3) of the Act, which states that an appointment ceases upon revocation by Comcare or resignation by the investigator. Secondly, the Regulations amend subregulation 32(2) to allow a delegate of the Chief Executive Officer of Comcare to sign an investigator's certificate of appointment (Item 1). Previously, only the Chief Executive Officer could sign these certificates, but this amendment facilitates administrative efficiency by enabling delegation of this responsibility. The Regulations impose specific obligations on parties involved in the appointment and functioning of occupational health and safety investigators. The Chief Executive Officer of Comcare, or their delegate, must now ensure that investigators receive a certificate of appointment containing prescribed information, including the signature of the Chief Executive Officer or their delegate (subregulation 32). This requirement formalises the appointment process and ensures that all investigators are duly authorised. Additionally, the amendment to Schedule 2 removes the need for investigators to have their appointment dates specified on their identity cards, simplifying the administrative process. Breach of the provisions in these Regulations could potentially lead to civil or administrative consequences. However, the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. The primary focus is on administrative efficiency and aligning the Regulations with the Act. Employers who fail to comply with these Regulations might face scrutiny or action if their non-compliance affects the proper functioning of investigators or the accuracy of statistical reporting. Nevertheless, the Regulations do not detail specific penalties for non-compliance beyond ensuring alignment with the Act and efficient administrative processes.

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Occupational Health and Safety
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Regulation
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Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.