EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Occupational Health and Safety Act 1991
Definition of ‘Employee’ — subsection 9(5)
The Occupational Health and Safety Act 1991 (the Act) aims to secure the health, safety and welfare at work of employees of the Commonwealth, of Commonwealth authorities and of non-Commonwealth licensees.
Section 9 of the Act defines who is an ‘employee’ for the purposes of the Act. Under subparagraph 9(5)(a)(i) of that definition, the Minister may declare that persons, being persons who engage in activities or perform acts at the request or direction, for the benefit, or by a requirement made by or under a law, of the Commonwealth, are taken to be employed by the Commonwealth for the purposes of the Act.
This legislative instrument seeks to include volunteers who assist in the operation of Questacon – The National Science and Technology Centre as ‘employees’ for occupational health and safety purposes.
Volunteers do not receive remuneration, other than payment of expenses incurred.
Questacon is a not-for profit organisation that is administered within the Australian Government Department of Innovation, Industry, Science and Research.
The role of the volunteer is to enhance visitors’ Questacon experience by encouraging an interest and appreciation of science and technology by guiding visitors on the correct use of exhibits to ensure maximum engagement; and communicating information about Questacon exhibits and programs to visitors.
It is appropriate that volunteers assisting in the effective operation of Questacon be included by definition in the Act as employees.
An assessment was made under new guidelines issued by the Office of Best Practice Regulation, which indicated that a Regulation Impact Statement was not required for this declaration.
This notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will take effect from the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Occupational Health and Safety Act 1991, enacted by the Parliament of Australia, was introduced to provide a framework for securing the health, safety, and welfare of employees in the workplace, including those of the Commonwealth, authorities, and non-Commonwealth licensees. One of the Act's key objectives is to define who qualifies as an 'employee' for the purposes of occupational health and safety regulations. Under this Act, the Minister for Tertiary Education, Skills, Jobs and Workplace Relations has the authority to include individuals who engage in activities or perform acts for the benefit or by the direction of the Commonwealth within the definition of 'employee'. The recent legislative instrument, F2010L03276, seeks to extend this definition to include volunteers who assist in the operation of Questacon – The National Science and Technology Centre as employees for occupational health and safety purposes. This extension acknowledges the significant role these volunteers play in enhancing visitor experiences and ensuring the proper use of exhibits, aligning with the policy objective of protecting all individuals involved in Commonwealth activities.
Scope and Application
The Occupational Health and Safety Act 1991 applies to the health, safety, and welfare of employees working for the Commonwealth, authorities of the Commonwealth, and non-Commonwealth licensees. It specifically seeks to include volunteers who assist in the operation of Questacon – The National Science and Technology Centre as ‘employees’ for occupational health and safety purposes. This inclusion is justified as it ensures that volunteers, who play a significant role in enhancing visitors' experience and engagement with science and technology at Questacon, are protected under occupational health and safety provisions. The Act extends its application to cover volunteers at Questacon, a not-for-profit organisation administered within the Australian Government Department of Innovation, Industry, Science and Research, thereby ensuring that all individuals contributing to the operation of Questacon are safeguarded under occupational health and safety regulations. This legislative instrument, which will take effect from the day after it is registered on the Federal Register of Legislative Instruments, represents a regulatory amendment without the need for a Regulation Impact Statement under the new guidelines issued by the Office of Best Practice Regulation.
Key Provisions
The key provision of the Occupational Health and Safety Act 1991 (the Act) that this legislation seeks to amend is the definition of ‘employee’ as set out in section 9(5). This section currently identifies who is considered an employee for the purposes of the Act, which includes persons who engage in activities or perform acts at the request or direction, for the benefit, or by a requirement made by or under a law, of the Commonwealth. The legislative instrument specifically aims to include volunteers who assist in the operation of Questacon – The National Science and Technology Centre as ‘employees’ for occupational health and safety purposes. This means that volunteers, who do not receive remuneration other than payment of expenses incurred, will now be subject to the same occupational health and safety provisions as other employees under the Act.
The Act imposes certain obligations on employers to ensure the health, safety, and welfare of their employees. This includes providing a safe work environment, ensuring safe use, handling, and storage of plant, structures, and substances, providing information, training, instruction, and supervision to employees, and ensuring that employees are not put at risk of injury or disease due to the work they perform. By including volunteers who assist in the operation of Questacon within the definition of ‘employee’, these individuals will now be entitled to the same protections and provisions under the Act as other employees.
Breaching the provisions of the Occupational Health and Safety Act 1991 can result in various civil and criminal consequences. In cases of serious breaches, the maximum penalty is a fine of up to $1.65 million for corporations and up to $330,000 for individuals. Additionally, directors or officers of corporations found guilty of serious breaches may face personal fines of up to $330,000 and imprisonment for up to five years. It is important for employers, including those who engage volunteers such as Questacon, to comply with the Act to avoid these potential penalties and ensure the health, safety, and welfare of their employees.