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.
Overview
The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to ensure occupational health and safety for employees working for the Commonwealth. This Act aims to fill the gap in occupational health and safety provisions for employees involved in specific activities for the Commonwealth, particularly those engaged in international events such as the Melbourne 2006 Commonwealth Games. The Australian Parliament introduced this legislation to provide comprehensive health and safety coverage to those employed or acting on behalf of Commonwealth authorities, including temporary or overseas personnel. The policy objective is to extend necessary protections to all individuals involved in Commonwealth operations, ensuring their safety while performing their duties. This particular legislative instrument was introduced to extend occupational health and safety coverage to overseas personnel working as Sample Collection Officers for the Australian Sports Drug Institute during the Melbourne 2006 Commonwealth Games.
Scope and Application
The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to Commonwealth employees and extends its occupational health and safety coverage to certain personnel engaged for specific events. Specifically, the Act has been expanded to include overseas personnel working as Sample Collection Officers for the Australian Sports Drug Institute during the Melbourne 2006 Commonwealth Games. This extension is facilitated by a declaration under section 9(5)(a)(ii) of the Act, which allows the Minister to deem individuals who perform acts at the request or direction of a Commonwealth authority to be employees of that authority for the purposes of the Act. The class of persons covered by this declaration includes Lead Drug Control Officers, Drug Control Officers, Chaperone Coordinators, and Chaperones who are involved in the doping control process for the Games. This coverage applies to acts performed by these individuals under the Australian Sports Drug Agency Act 1990 or the Australian Sports Anti-Doping Authority Act 2006. The declaration, requested by the Minister for Sport, aligns with previous practices of extending occupational health and safety provisions to personnel engaged in international assistance activities. This legislative instrument is a disallowable instrument under the Legislative Instruments Act 2003 and commenced on 11 March 2006.
Key Provisions
The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides occupational health and safety coverage for Commonwealth employees. Section 9 of the Act defines who qualifies as an "employee" for the purposes of the Act, including the ability for the Minister to declare that certain individuals performing acts at the request or direction of a Commonwealth authority are considered to be employed by that authority. This legislative instrument aims to extend occupational health and safety coverage to overseas personnel working as Sample Collection Officers for the Australian Sports Drug Institute during the Melbourne 2006 Commonwealth Games. This coverage extends to Lead Drug Control Officers, Drug Control Officers, Chaperone Coordinators, and Chaperones, who will be involved in various aspects of the sample collection and doping control process.
The Act imposes specific obligations on the Australian Sports Drug Institute and the personnel involved in the sample collection process. These obligations include ensuring that all Sample Collection Officers are aware of their duties and responsibilities under the Act, providing necessary training and resources to maintain a safe working environment, and complying with all relevant health and safety regulations. Additionally, the Institute must ensure that any risks to the health and safety of the personnel are identified and mitigated, and that appropriate measures are in place to handle any incidents that may occur during the course of their duties.
Failure to comply with the provisions of the Act can result in various consequences. Under section 67 of the Act, an individual who commits an offence under the Act is liable to a penalty of up to $66,000 for an individual and $330,000 for a body corporate. Additionally, section 68 of the Act allows for the prosecution of individuals and corporations for breaches of the Act, which may result in criminal charges and further penalties. It is essential that all parties involved adhere to the requirements of the Act to avoid any potential legal repercussions.