Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1994 No. 22
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 22
Issued by the Authority of the Assistant Minister for Industrial Relations
Occupational Health and Safely (Commonwealth Employment) Act 1991
Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment)
Section 82 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 15 of the Act provides:
"Where an employee ordinarily performs his or her work at a particular place but that place is not Commonwealth premises, this Act, other than Parts 1 and 2 and section 82, applies in relation to that employee or to that place of work:
(a) only if the regulations so provide; and
(b) subject to such modifications and adaptations (if any) as are set out in the regulations.".
The regulations are the Occupational Health and Safety (Commonwealth Employment) Regulations (the Regulations).
The effect of section 15 is that other Parts of the Act, including Part 5, did not apply in relation to non-Commonwealth premises at which Commonwealth employees are working. Part 5 of the Act includes provision for the notification to Comcare of accidents and reporting of work-related accidents. It was important that Comcare is notified of all such accidents and that details of an accident are also reported to Comcare, including those occurring in non-Commonwealth premises.
To do this it has been necessary to prescribe that Part 5 of the Act applies to Commonwealth employees working at non-Commonwealth premises.
Amending regulation 2 inserts regulation 36AA into the Regulations to provide that, for the purposes of section 15 of the Act, Part 5 of the Act (other than section 82) applies to an employee who ordinarily performs work other than in a place which is Commonwealth premises.
Overview
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1994 No. 22 was enacted to address a gap in the application of the Occupational Health and Safety (Commonwealth Employment) Act 1991. The original Act provided comprehensive occupational health and safety provisions for Commonwealth employees but had a limitation in that Part 5 of the Act, which includes provisions for the notification of accidents and the reporting of work-related accidents to Comcare, did not apply to employees working at non-Commonwealth premises. This amendment was introduced by the Assistant Minister for Industrial Relations and is intended to ensure that Comcare is notified of all work-related accidents, including those that occur at non-Commonwealth premises. The policy objective of the amendment is to maintain consistent health and safety oversight and reporting across all work environments of Commonwealth employees.
Scope and Application
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1994 No. 22, made under the Occupational Health and Safety (Commonwealth Employment) Act 1991, primarily amend the application of the Act to ensure comprehensive coverage of occupational health and safety for Commonwealth employees, irrespective of their workplace location. The amendment addresses the oversight that certain provisions of the Act, particularly those in Part 5, did not apply to Commonwealth employees working at places that are not Commonwealth premises. This oversight was significant because it meant that accidents and work-related incidents occurring outside of Commonwealth premises were not mandatorily reported to Comcare, the agency responsible for managing workers' compensation and rehabilitation in the Commonwealth public sector. By amending regulation 2 and introducing regulation 36AA, the Act now explicitly applies Part 5 to Commonwealth employees working at non-Commonwealth premises, ensuring that all employees are covered under the mandatory notification and reporting requirements. This amendment extends the jurisdictional reach of the Act to ensure consistency in occupational health and safety practices and reporting, regardless of where the work is performed.
Key Provisions
The key provisions of the Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1994 No. 22 involve updating the application of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) to ensure comprehensive coverage for Commonwealth employees working at non-Commonwealth premises. Section 15 of the Act originally limited the scope of its application to Commonwealth employees who work on Commonwealth premises, except for Parts 1 and 2 and section 82, unless the regulations provided otherwise. To address this gap, regulation 36AA was inserted by amending regulation 2 in the Regulations, ensuring that Part 5 of the Act applies to Commonwealth employees who perform work at locations that are not Commonwealth premises.
The newly inserted regulation 36AA requires that Part 5 of the Act, which deals with the notification of accidents and reporting of work-related injuries, applies to Commonwealth employees working at non-Commonwealth premises. This means that any employee of the Commonwealth who is working at a place that is not Commonwealth premises must adhere to the notification and reporting requirements set forth in Part 5 of the Act. This includes mandatory reporting of accidents to Comcare, the body responsible for managing workers' compensation and rehabilitation services for Commonwealth employees.
The obligations imposed by the amended regulations on the parties involved include ensuring that all work-related accidents, regardless of the location, are reported to Comcare. Employers are required to notify Comcare of any accidents involving their employees, including those occurring off-site. Additionally, employees are required to inform their employers of any accidents that may occur during the course of their work, even if they are working at a location that is not Commonwealth property. The regulations ensure that there are no gaps in the reporting and notification process, thereby providing a consistent approach to workplace safety and accident reporting across all Commonwealth employment scenarios.
Failure to comply with the notification and reporting requirements under the amended regulations can result in significant consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is clear that breaches of the Occupational Health and Safety Act and its associated regulations can lead to civil or criminal liability. In cases of non-compliance, the potential penalties can be severe, including fines and other legal actions. The seriousness of the consequences underscores the importance of adhering to the regulations, ensuring that all work-related accidents are properly reported and managed to protect the health and safety of Commonwealth employees.