EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation Act 1988
Issued by the authority of the Minister for Employment and Workplace Relations
Notice of Declaration
Notice No 5 of 2002
The purpose of the notice to which this Explanatory Statement relates is to declare certain volunteers who assist the Sydney Harbour Federation Trust to be “employees” for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (the Act). The volunteers assist with bush regeneration and restoration or conservation works and by conducting guided tours of the Trust sites.
Section 5(6) of the Act provides that the Minister may, by notice in writing, declare that particular classes of persons may be taken to be employees for the purposes of the Act. A declaration may be made where the class of persons engages in activities or performs acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth or at the request or direction, or for the benefit, of a Commonwealth authority or licensed corporation.
The date of effect of the notice will be the date of publication in the Commonwealth of Australia Gazette.
In accordance with section 121 of the Act, the notice is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted to provide a framework for the safety, rehabilitation and compensation of employees in the workplace, aiming to address gaps in the protection and support of workers. This legislation was introduced by the Australian Parliament to ensure that employees receive adequate support and compensation in case of workplace injuries or occupational diseases. The Explanatory Statement for Notice No 5 of 2002, issued under the authority of the Minister for Employment and Workplace Relations, pertains to the declaration of certain volunteers assisting the Sydney Harbour Federation Trust as "employees" for the purposes of the Act. These volunteers, who engage in bush regeneration, restoration or conservation works, and conduct guided tours, are included under this declaration to ensure they receive the necessary protections and benefits. The policy objective of this declaration is to extend the provisions of the Act to these volunteers, ensuring they are covered for any workplace incidents or occupational hazards they may encounter while performing their activities for the Trust. The notice, which is a disallowable instrument, will take effect on the date of its publication in the Commonwealth of Australia Gazette.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to employees engaged in activities that could result in injury or occupational disease. The Act extends its scope to include volunteers who assist the Sydney Harbour Federation Trust, provided they are engaged in bush regeneration and restoration or conservation works or conduct guided tours of Trust sites. The Explanatory Statement for Notice No 5 of 2002 clarifies that these volunteers are to be considered "employees" under the Act due to their activities being at the request or direction of the Commonwealth or for the benefit of a Commonwealth authority or licensed corporation. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, thereby applying across all states and territories in Australia. The Act does not specify any exclusions or exemptions in this context, and its application to these volunteers is extended through the notice published in the Commonwealth of Australia Gazette. The notice, being a disallowable instrument, can be subject to parliamentary scrutiny and disallowance under section 46A of the Acts Interpretation Act 1901.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (the Act) contains several key provisions that pertain to the classification of certain volunteers as employees for specific purposes. Section 5(6) allows the Minister to declare by written notice that certain classes of persons can be considered employees under the Act. This declaration applies to volunteers who assist the Sydney Harbour Federation Trust with bush regeneration, restoration, conservation works, and guided tours at Trust sites. These volunteers are now subject to the protections and obligations outlined in the Act as if they were traditional employees.
Under this Act, the obligations imposed on the parties affected by this declaration include compliance with all relevant safety, rehabilitation, and compensation provisions. This means that the Sydney Harbour Federation Trust must ensure these volunteers have appropriate workplace safety training, access to rehabilitation services if injured, and compensation benefits in case of work-related injuries or illnesses. These obligations extend to providing a safe working environment and ensuring that the Trust adheres to all legislative requirements concerning employee welfare and protection.
The Act also sets out the consequences for breaches of its provisions. Section 121 specifies that the notice of declaration is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning that it can be subject to parliamentary scrutiny and disallowance. Failure to comply with the Act’s requirements can result in civil or criminal penalties. For example, if the Trust does not provide necessary safety training or fails to ensure a safe working environment, it could face fines or other sanctions. While the specific penalties are not detailed in the explanatory statement, they could include substantial fines and potential criminal charges for serious breaches that result in harm to employees.