Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2010 (No. 1)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2010L01880 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 192

 

Issued by the authority of the Minister for Employment and Workplace Relations

 

Occupational Health and Safety Act 1991

 

Occupational Health and Safety (Safety Arrangements) Regulations 1991

 

The Occupational Health and Safety Act 1991 (the Act) establishes a statutory regime for regulating the health and safety at work of various classes of employee, including Commonwealth employees.

 

Subsection 82(1) of the Act provides that the Governor-General may make regulations, not

inconsistent with the Act, prescribing all matters required or permitted by the Act or that

are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 23(1) of the Act provides that regulations may make provisions relating to any

matter affecting, or likely to affect, the occupational health and safety of employees or

contractors or other persons at or near a workplace.

 

General duties of care are imposed by the Act on an employee’s ‘employer’. The employer of Commonwealth employees is the Commonwealth. However, section 10 of the OHS Act provides that the Commonwealth, in performing these duties, acts through an ‘employing authority’.

 

In the absence of regulations prescribing a person or body as the ‘employing authority’, the principal officer of the ‘Entity’ for which a Commonwealth employee works is the ‘employing authority’. An ‘Entity’ includes an Agency within the meaning of the Public Service Act 1999, as well as, a person, body, organisation or group of persons prescribed by regulation.

 

The purpose of these Regulations is to prescribe the Australian Agency for International Development (AusAID), comprising the Director-General and the employees, as an ‘entity’, and the Director-General as the principal officer, for the purposes of the Act. The Minister for Foreign Affairs and Trade has requested such an amendment.

 

AusAID is an administratively autonomous division within the Department of Foreign Affairs and Trade (DFAT). The Director-General of AusAID is responsible for the administration and performance of the group and for its financial and personnel management.

 

As no regulations have been made prescribing a person or body as the ‘employing authority’ for employees working in AusAID, their ‘employing authority’ is the Secretary of DFAT.

 

Details of the Regulations are included in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Consultation was undertaken with DFAT, AusAID and Comcare.

 

A preliminary assessment regarding the impact of the Regulations and the need for a regulation impact statement has been completed. The Regulations have no compliance cost to business or impact on business and individuals or the economy.

 

The Regulations will commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

 


 

ATTACHMENT

 

Details of the Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2010 (No. 1)

 

 

Regulation 1 – Name of Regulations

 

The regulation provides that the name of the Regulations is the Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2010 (No. 1).

 

Regulation 2 – Commencement

 

The regulation provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendment of Occupational Health and Safety (Safety Arrangements) Regulations 1991

 

Schedule 1 to this regulation amends the Occupational Health and Safety (Safety Arrangements) Regulations 1991.

 

Schedule 1 – Amendments

 

Item 1 – Regulation 4A, heading

 

This item substitutes “4A Entities and principal officers” in place of the current heading as the new heading more fully indicates the content of the regulation.

 

Item 2 – Schedule 1A, heading

 

This item substitutes “Schedule 1A Entities and principal officers” in place of the current heading as the new heading more fully indicates the content of the Schedule.

 

Item 3 - Schedule 1A, item 9

 

The current reference to the “Australian Archives” has been omitted as it is no longer accurate.

 

Item 4 – Schedule 1A, after item 10

 

This item prescribes the Australian Agency for International Development, with the Director-General as the principal officer, as an ‘entity’ for the purposes of section 5 of the Occupational Health and Safety Act 1991.

 

‘Employees of AusAID’ covers those persons engaged as Commonwealth employees to perform duties in AusAID, as well as, Commonwealth employees that move to AusAID under section 26 of the Public Service Act 1999.

 

Overview

The Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2010 (No. 1) were introduced to address the need for specific regulations concerning the Australian Agency for International Development (AusAID) under the Occupational Health and Safety Act 1991. Enacted by the authority of the Minister for Employment and Workplace Relations, these Regulations aim to clarify and formalise the roles and responsibilities within AusAID concerning occupational health and safety. They were developed in response to a request from the Minister for Foreign Affairs and Trade to designate AusAID as an 'entity' under the Act, with the Director-General as the principal officer responsible for health and safety matters. This legislative instrument, which amends the Occupational Health and Safety (Safety Arrangements) Regulations 1991, ensures that AusAID is properly recognised within the statutory framework for occupational health and safety, thereby providing a clear line of accountability and enhancing the regulatory oversight of safety arrangements within the agency.

Scope and Application

The Occupational Health and Safety Act 1991, as amended by the Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2010 (No. 1), applies to the Australian Agency for International Development (AusAID) and its employees, imposing specific occupational health and safety duties on the Commonwealth as the employer. The Act's reach extends across Commonwealth workplaces, including those in AusAID, to ensure compliance with health and safety standards. The Regulations, made under the authority of the Minister for Employment and Workplace Relations, designate AusAID as an entity for the purposes of the Act, with the Director-General of AusAID acting as the employing authority for its employees. This amendment was in response to a request from the Minister for Foreign Affairs and Trade, clarifying the employing authority for AusAID employees and ensuring alignment with the statutory framework. The Regulations have no compliance costs or economic impact, and they commence on the day after their registration on the Federal Register of Legislative Instruments.

Key Provisions

The Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2010 (No. 1) amend the Occupational Health and Safety (Safety Arrangements) Regulations 1991, and establish the Australian Agency for International Development (AusAID) as an 'entity' under the Occupational Health and Safety Act 1991. This amendment was made in response to a request from the Minister for Foreign Affairs and Trade. Regulation 4A (heading) and Schedule 1A (heading) have been updated to more accurately reflect the content of the regulations, while item 9 of Schedule 1A has been amended to remove the reference to the Australian Archives. The new item 10 in Schedule 1A specifically designates AusAID, with the Director-General as the principal officer, as an entity under the Act. Under these regulations, the obligations and requirements imposed on AusAID as an 'entity' are aligned with those of other Commonwealth entities under the Occupational Health and Safety Act 1991. This includes the duty to ensure, as far as reasonably practicable, the health and safety of its employees. As the employing authority, the Director-General of AusAID is responsible for fulfilling these duties and ensuring compliance with the Act and its associated regulations. This may involve implementing safety policies, providing appropriate resources and training, and maintaining a safe working environment. The Occupational Health and Safety Act 1991 itself outlines various offences and penalties for non-compliance with its provisions. Offences can include failing to meet general duties of care, not providing adequate information, instruction, training, or supervision, and failure to comply with an order or direction issued under the Act. Penalties for contravention of the Act can include substantial fines, with the exact amount varying depending on the specific offence and circumstances. Additionally, in more severe cases, directors or other responsible persons may face imprisonment. These penalties are intended to encourage compliance with occupational health and safety regulations and to protect the wellbeing of employees and other persons at or near a workplace.

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