EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Occupational Health and Safety (Commonwealth Employment) Act 1991
Definition of ‘Employee’ - subsection 9(5)
The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides occupational health and safety coverage for Commonwealth employees.
Section 9 defines who is an “employee” for the purposes of the Act. Under subparagraph 9(5)(a)(ii) of that definition, the Minister can declare that persons, being persons who engage in activities or perform acts at the request or direction, or for the benefit of a Commonwealth authority are taken to be employed by that Commonwealth authority for the purposes of the Act.
This legislative instrument seeks to provide occupational health and safety coverage for overseas personnel working as Sample Collection Officers for the Australian Sports Drug Institute for the duration of the Melbourne 2006 Commonwealth Games.
The class of persons covered includes:
- Lead Drug Control Officers who will manage and coordinate the doping control process within the doping control facility and are responsible for the management of sample collection staff;
- Drug Control Officers who will direct the competitor through the sealing process and ensure the doping control forms are completed correctly;
- Chaperone Coordinators who are responsible for organising the implementation of the notification procedure and supervising the activities of the Chaperones; and
- Chaperones, who will notify the selected competitor, escort them to the doping control facility, remain with the selected competitor in the waiting room, accompany them into the Processing room and witness the provision of the urine sample by the competitor.
Coverage applies to acts performed by such persons, as Sample Collection Officers, for the Australian Sports Drug Institute, under the Australian Sports Drug Agency Act 1990, or for the Australian Sports Anti-Doping Authority on commencement of the Australian Sports Anti-Doping Authority Act 2006. On commencement of the Australian Sports Anti-Doping Authority Act 2006 the Australian Sports Drug Institute, established under section 6 of the Australian Sports Drug Agency Act 1990, will continue in existence as the Australian Sports Anti-Doping Authority and will be subject to the provisions of the Australian Sports Anti-Doping Authority Act 2006.
The Declaration was requested by Senator the Hon Rod Kemp, Minister for Sport. It is consistent with past practise to make these kinds of declarations to cover persons providing services at the request of the Commonwealth in relation to international assistance.
An exemption from the preparation of a Regulation Impact Statement was granted by the Office of Regulation Review. Consultation was undertaken between Australian Sports Drug Agency, the Australian Government Solicitor and the Department of Communication and Information Technology and the Arts.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 by virtue of being a disallowable instrument under subsection 9(6) of the Occupational Health and Safety (Commonwealth Employment) Act 1991.
This declaration is expressed to commence on 11 March 2006.