Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1998 No. 115
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 115
Issued by authority of the Assistant Treasurer
Occupational Health and Safety (Commonwealth Employment) Act 1991
Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment)
Item 9 of Schedule 2 Part 1 of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 (the Act) provides that the Governor-General may make regulations in relation to: transitional matters arising out of the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, and in relation to the enactment of the Act and the Productivity Commission Act 1998.
The Act abolished the Economic Planning Advisory Commission (previously the Economic Planning Advisory Council) by repealing the Economic Planning Advisory Commission Act 1983. The Economic Planning Advisory Commission has been merged into a new body called the Productivity Commission, established by the Productivity Commission Act 1998.
Section 82 of the Occupational Health and Safety (Commonwealth Employees) Act 1991 provides that the Governor-General may make regulations for the purpose of the Act. The Occupational Health and Safety (Commonwealth Employment) Regulations made under the Occupational Health and Safety (Commonwealth Employees) Act 1991 provide, among other things, that the Director of the Economic Planning Advisory Council is the "employing authority" for the purposes of subparagraph (a)(i) of the definition of "employing authority" in subsection 5(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991.
The purpose of the regulations is to amend the Occupational Health and Safety (Commonwealth Employment) Regulations to remove the reference to the Director of the Economic Planning Advisory Council in subsubparagraph 4(b)(ii) and replaces it with a reference to the Chair of the Productivity Commission.
Details of the Regulations are as follows.
Regulation 1. provides that the regulations commence on gazettal.
Regulation 2. provides that the Occupational Health and Safety (Commonwealth Employment) Regulations are amended as set out in these regulations.
Regulation 3.1 omits subparagraph 4(b)(ii).
Regulation 3.2 omits subparagraph 4(b)(iv) and substitutes new regulations which provide the Department of the Treasury - the Chair of the Productivity Commission and the Controller of the Royal Australian Mint are employing authorities.
Regulation 4. provides that the amendment made by regulation 3 has effect from the commencement of the Productivity Commission Act 1998.
Overview
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1998 No. 115 were enacted to address transitional matters arising from the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, and to align with the enactment of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998. The regulations were issued by the Assistant Treasurer under the authority of the Occupational Health and Safety (Commonwealth Employment) Act 1991. The policy objective of these amendments is to ensure a smooth transition from the Economic Planning Advisory Commission to the Productivity Commission, specifically by updating references to reflect the new organisational structure within the Occupational Health and Safety (Commonwealth Employment) Regulations. These changes ensure that the appropriate authorities are recognised for occupational health and safety purposes under the Act.
Scope and Application
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1998 No. 115, made under the authority of the Assistant Treasurer, aims to update the Occupational Health and Safety (Commonwealth Employment) Regulations in response to the enactment of the Productivity Commission Act 1998 and the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989. This amendment is necessitated by the transition from the Economic Planning Advisory Commission to the Productivity Commission, as outlined in Item 9 of Schedule 2 Part 1 of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998. The regulations specifically adjust the Occupational Health and Safety (Commonwealth Employment) Regulations to reflect this structural change by replacing references to the Director of the Economic Planning Advisory Council with references to the Chair of the Productivity Commission. The amendments also incorporate the Chair of the Productivity Commission, the Controller of the Royal Australian Mint, and the Department of the Treasury as employing authorities under the Occupational Health and Safety (Commonwealth Employment) Act 1991. These changes are effective from the commencement of the Productivity Commission Act 1998.
Key Provisions
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1998 No. 115 make specific changes to existing regulations under the Occupational Health and Safety (Commonwealth Employees) Act 1991. Regulation 1 ensures that these amendments commence on the date they are gazetted. Regulation 2 indicates that the amendments will affect the Occupational Health and Safety (Commonwealth Employment) Regulations. Regulation 3.1 removes the reference to the Director of the Economic Planning Advisory Council from subparagraph 4(b)(ii) of the existing regulations. Regulation 3.2 further amends subparagraph 4(b)(iv) by replacing the Director's reference with a new reference to the Chair of the Productivity Commission, and additionally includes the Department of the Treasury and the Controller of the Royal Australian Mint as employing authorities. Regulation 4 specifies that these amendments take effect from the commencement of the Productivity Commission Act 1998.
These regulations impose specific obligations on the entities they govern. The most notable obligation is the removal of the Director of the Economic Planning Advisory Council as an employing authority under the Occupational Health and Safety (Commonwealth Employment) Regulations. This change is in response to the abolition of the Economic Planning Advisory Commission and its integration into the Productivity Commission. The new regulations require the Chair of the Productivity Commission, as well as the Department of the Treasury and the Controller of the Royal Australian Mint, to be recognised as employing authorities. This change necessitates compliance with the updated definitions and roles within the occupational health and safety framework for Commonwealth employees.
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1998 No. 115 also address transitional matters arising from the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989. Failure to comply with these regulations may result in legal consequences. Specifically, entities governed by these regulations must ensure that they recognise the new employing authorities as outlined in the amended regulations. Non-compliance could potentially lead to breaches of occupational health and safety standards, which could result in civil or criminal penalties as stipulated by the Occupational Health and Safety (Commonwealth Employees) Act 1991. The precise penalties for breaches are not detailed in the regulations themselves but are subject to the broader provisions of the primary Act, which can include fines and other enforcement actions.