Occupational Health and Safety (Definition of Employee) Notice 2006 (2)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to provide occupational health and safety coverage for Commonwealth employees. This Act was introduced to address the need for a comprehensive framework to protect the health and safety of employees working under the Commonwealth. The Act was passed by the Parliament of Australia and its primary policy objective is to ensure a safe and healthy working environment for Commonwealth employees. This legislative instrument specifically aims to extend occupational health and safety coverage to volunteers and other individuals who assist in the operation of the Australian Institute of Marine Science (AIMS). By declaring these individuals as employees for the purposes of the Act, the Minister for Employment and Workplace Relations ensures that they are protected under occupational health and safety laws when performing acts related to marine science research, field trips, and other activities supporting AIMS operations. The declaration was made in consultation with AIMS and no further consultation was required as no other bodies were affected.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to ensure occupational health and safety coverage for Commonwealth employees and extends to other specified persons who engage in activities for the benefit of a Commonwealth authority. The Act defines "employee" broadly, including those who perform acts at the request or direction of a Commonwealth authority, such as volunteers assisting in the operation of the Australian Institute of Marine Science (AIMS). This legislative instrument specifically extends coverage to volunteers conducting tours of the AIMS facility, Adjunct Appointees, Collaborators, visiting academics and students, and Associates, including retired ex-staff members, when they perform acts connected to marine science research projects, field trips, science support, and assisting in the operation of AIMS. The Minister for Employment and Workplace Relations has the authority to make such declarations, and this particular declaration was made in response to a request by the Chief Executive Officer of AIMS. This legislative instrument becomes effective from the date it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) aims to provide occupational health and safety coverage for Commonwealth employees. Specifically, section 9(5)(a)(ii) allows the Minister to declare that certain individuals are considered employees for the purposes of the Act. This includes persons who engage in activities or perform acts at the request or direction of a Commonwealth authority. The Act now extends this coverage to include various voluntary roles at the Australian Institute of Marine Science (AIMS), such as volunteers conducting tours, Adjunct Appointees, Collaborators, visiting academics, visiting students, and Associates, including retired ex-staff members of AIMS. The coverage applies to acts performed in connection with marine science research projects, field trips, science support, and assisting in the operation of AIMS. Under the Act, these declared individuals are now subject to the occupational health and safety provisions that apply to Commonwealth employees. This means they are entitled to the same protections and obligations as regular employees. For example, they must adhere to health and safety protocols and are covered by workplace injury compensation schemes. The declaration ensures that these volunteers are not left unprotected when performing tasks for AIMS. The obligations imposed on AIMS include ensuring that these volunteers receive appropriate training and information about health and safety procedures, providing necessary protective equipment, and taking all reasonable steps to ensure a safe working environment for these volunteers. Failure to comply with the occupational health and safety provisions can result in both civil and criminal consequences. Under the Act, breaches can lead to penalties. For civil penalties, the maximum fines can be substantial, reflecting the seriousness of non-compliance with occupational health and safety laws. Criminal penalties may also apply, particularly if a breach results in serious injury or death. For instance, in cases of gross negligence or willful misconduct, individuals or organisations can face imprisonment. Additionally, courts can issue orders to rectify non-compliant practices or impose further fines. It is important for AIMS and similar Commonwealth authorities to ensure full compliance to avoid these potential penalties and to maintain a safe working environment for all personnel, including volunteers.