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)(i) 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 the Commonwealth are taken to be employed by the Commonwealth for the purposes of the Act.
This legislative instrument seeks to provide occupational health and safety coverage for persons who assist in the operation of the Australian Federal Police (AFP) in various capacities.
The class of persons described at Item 1 of the Schedule includes persons acting in a support capacity to Australian Capital Territory policing via participation in the Volunteers in Policing program. Volunteers also include persons involved with crime prevention and community outreach activities, police scouts, Police and Citizen Youth Club programs, the local business key holder registry update project, as well as training, forensic, media and ceremonial support.
The class of persons described at Item 2 of the Schedule include persons participating in training exercises for the International Deployment Group.
It is appropriate that persons assisting the AFP in a voluntary capacity be covered by the Act, as they provide services at the request of the Commonwealth, which confer a public benefit. Accordingly, the declaration by the Minister for Employment and Workplace Relations under the Act will ensure that it applies to such persons when they perform relevant acts.
Members and protective service officers are covered by the Act because they come within the definition of ‘AFP employee’. Special members and special protective service officers work along side members and protective service officers but are not AFP employees and therefore not automatically covered by the Act. It is therefore appropriate that special members and special protective service officers be covered by the same occupational health and safety arrangements as their colleagues. Items 3, 4 and 5 of the Schedule extends occupational health and safety coverage to persons appointed as special members or special protective service officers, or secondees to the AFP, under the Australian Federal Police Act 1979.
The declaration was requested by Senator the Hon Chris Ellison, Minister for Justice and Customs and consultation was undertaken with the Australian Federal Police as the affected body. Further consultation was unnecessary as no other body is affected by the declaration. An exemption from the preparation of a Regulation Impact Statement was granted by the Office of Regulation Review.
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 Act.
This declaration is expressed to commence on registration.
Overview
The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to ensure occupational health and safety coverage for Commonwealth employees, addressing a gap in providing adequate protections for individuals who work under Commonwealth authority but are not formally classified as employees. This Act was established by the Commonwealth Parliament to provide a legal framework that ensures the safety of those who perform services for the Commonwealth, even if they are not directly employed by it. The policy objective of this Act is to extend the same level of occupational health and safety protection to individuals who contribute to Commonwealth activities, thus ensuring their safety and well-being while they perform duties on behalf of the Commonwealth.
Scope and Application
The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to Commonwealth employees to ensure their occupational health and safety is safeguarded. Specifically, this legislation extends coverage to volunteers and special members or protective service officers associated with the Australian Federal Police (AFP), who perform services at the Commonwealth's request, thereby conferring a public benefit. This extension, declared by the Minister for Employment and Workplace Relations, ensures that these individuals receive the same occupational health and safety protections as regular AFP employees. The declaration includes volunteers participating in various capacities such as the Volunteers in Policing program, crime prevention, community outreach, and training exercises for the International Deployment Group. Additionally, it encompasses special members and special protective service officers, who, although not classified as AFP employees, work alongside them and therefore merit the same occupational health and safety coverage. This legislative instrument, a disallowable one under the Legislative Instruments Act 2003, aims to formalise these arrangements and ensure comprehensive safety provisions for all involved.
Key Provisions
The main operative sections of the Occupational Health and Safety (Commonwealth Employment) Act 1991, as amended by this legislative instrument, include section 9, which defines the term "employee" for the purposes of the Act. Specifically, subsection 9(5)(a)(i) allows the Minister for Employment and Workplace Relations to declare that certain persons, who engage in activities or perform acts at the request or direction of, or for the benefit of, the Commonwealth, are deemed to be employed by the Commonwealth under the Act. This legislative instrument expands this definition to include persons assisting in the operation of the Australian Federal Police (AFP) in various capacities, such as volunteers in the Volunteers in Policing program, those involved in crime prevention and community outreach activities, police scouts, and those participating in training exercises for the International Deployment Group. Furthermore, the Act extends to cover special members and special protective service officers appointed under the Australian Federal Police Act 1979.
The Act imposes several obligations on the parties it governs. For the Minister for Employment and Workplace Relations, it requires the declaration of persons who perform acts at the request or direction of, or for the benefit of, the Commonwealth as employees under the Act. For the Commonwealth, it entails ensuring that occupational health and safety measures are implemented for all declared employees, providing a safe working environment, and complying with any health and safety regulations or requirements. For the declared employees themselves, it means adhering to occupational health and safety standards and participating in any health and safety training or initiatives provided by the Commonwealth.
There are no specific offences, penalties, or civil/criminal consequences outlined in this legislative instrument. However, the Act generally imposes penalties for breaches of occupational health and safety provisions, which can include fines and imprisonment. The exact penalties depend on the specific provisions of the Act and the nature of the breach. The Occupational Health and Safety (Commonwealth Employment) Act 1991, in conjunction with other relevant legislation, provides a framework for enforcing compliance with occupational health and safety standards and addressing any breaches that may occur.