Occupational Health and Safety (Definition of Employee) Notice 2010 (2)

Overview

The Occupational Health and Safety Act 1991, enacted by the Australian Parliament, seeks to protect the health, safety, and welfare of employees in various sectors, including the Commonwealth, Commonwealth authorities, and non-Commonwealth licensees. One of the key provisions in the Act is the definition of 'employee' in section 9, which is crucial for determining the scope of the Act’s application. Specifically, subsection 9(5)(a)(i) allows the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to declare that individuals performing activities at the direction or request of the Commonwealth are considered employees for occupational health and safety purposes. This legislative instrument aims to extend this definition to include volunteers assisting in the promotion of the House of Representatives and the Parliament, recognising their contributions and ensuring their safety under the Act. Volunteers in this context provide valuable assistance in conducting tours and disseminating information about the House and Parliament, and thus, it is deemed appropriate that they be covered by the occupational health and safety provisions of the Act.

Scope and Application

The Occupational Health and Safety Act 1991 applies to securing the health, safety, and welfare at work of employees within the Commonwealth, Commonwealth authorities, and non-Commonwealth licensees. The Act aims to cover a broad range of individuals who engage in activities or perform acts at the request or direction of the Commonwealth, thereby deeming them as employed for the purposes of the Act. Specifically, this legislative instrument extends the definition of ‘employee’ to include volunteers who assist in the promotion of the House of Representatives and the Parliament. These volunteers, who contribute to the community by providing tours and information about the House and Parliament, are now considered employees for occupational health and safety purposes despite not receiving any remuneration other than the payment of incurred expenses. The regulation does not require a Regulation Impact Statement as per the new guidelines from the Office of Best Practice Regulation. This legislative instrument, once registered on the Federal Register of Legislative Instruments, will take effect the day after registration.

Key Provisions

The Occupational Health and Safety Act 1991 (the Act) provides comprehensive provisions to ensure the health, safety, and welfare of employees working for the Commonwealth, Commonwealth authorities, and non-Commonwealth licensees. Under section 9(5) of the Act, an ‘employee’ is defined, and this definition includes individuals who engage in activities or perform acts at the request or direction of the Commonwealth, which may be considered employment for occupational health and safety purposes (section 9(5)(a)(i)). This legislative instrument specifically seeks to include volunteers who assist in the promotion of the House of Representatives and the Parliament as ‘employees’ for occupational health and safety purposes. These volunteers, who do not receive remuneration other than the payment of expenses incurred, are now covered by the Act to ensure their safety while performing duties that benefit the Commonwealth. The Act imposes several obligations on the parties it governs. Primarily, it requires the Commonwealth, Commonwealth authorities, and non-Commonwealth licensees to ensure the health, safety, and welfare of their employees. This includes providing a safe working environment, ensuring that employees are aware of hazards and risks, and implementing measures to mitigate those risks. For volunteers who assist in the promotion of the House of Representatives and the Parliament, the Act requires the same level of occupational health and safety oversight as for any other employee. This includes ensuring that these volunteers are not exposed to unnecessary risks while carrying out their duties, and that they are provided with any necessary training or information to perform their roles safely. The Act also delineates various offences, penalties, and consequences for breaches of its provisions. For instance, under section 27 of the Act, an individual or organisation found guilty of an offence can face substantial penalties. The maximum penalties can include fines up to $1.65 million for corporations and $330,000 for individuals, depending on the severity of the breach. Furthermore, in cases of serious breaches that result in death, imprisonment can be imposed on individuals, with a maximum penalty of up to five years. These provisions ensure that there are significant disincentives for non-compliance, thereby encouraging adherence to occupational health and safety standards.