Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 8 of 1997)

Overview

The Safety, Rehabilitation and Compensation Act 1988 was enacted to provide for the safety, rehabilitation and compensation of persons injured at work or who contract a disease arising out of their work. This Act was introduced to address gaps in the existing workers' compensation frameworks by ensuring comprehensive coverage and support for employees who suffer work-related injuries or illnesses. The Commonwealth Parliament enacted this legislation to establish a consistent and fair system for workers' compensation across Australia. The policy objective of the Act is to provide timely and adequate compensation and support to injured workers, facilitating their rehabilitation and return to employment. This legislative instrument, Notice No. 8 of 1997, issued by Peter Keaston Reith, the Minister for Workplace Relations and Small Business, declares that certain individuals assisting in the running of Old Parliament House under the direction of a Commonwealth officer are considered employees of the Commonwealth for the purposes of the Act. This notice aims to ensure these individuals are covered under the provisions of the Act, thereby extending the benefits and protections afforded to employees to these specific volunteers.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 applies to the employees of the Commonwealth, extending its coverage to individuals who, although not formally employed by the government, perform acts under the direction or control of a Commonwealth officer. Specifically, this legislative instrument, Notice No. 8 of 1997, clarifies the status of certain individuals assisting in the running of Old Parliament House who do so without receiving remuneration beyond the payment of incurred expenses. These individuals are considered employed by the Commonwealth for the purposes of the Act, with their employment defined by their specific acts performed in connection with the assistance provided. The geographic reach of this Act is national, as it pertains to activities and acts carried out within the Commonwealth of Australia. The legislation does not explicitly state any exclusions or exemptions, nor does it set specific thresholds; rather, it broadly encompasses those who meet the criteria outlined in the notice. The Act's application may be further extended or refined through subordinate instruments, which may provide additional definitions or clarifications regarding the scope of employment and acts covered.

Key Provisions

The main operative sections of the notice pertain to the declaration of specific persons as employees of the Commonwealth under the Safety, Rehabilitation and Compensation Act 1988. Section 5(6) allows the Minister to declare certain individuals as Commonwealth employees based on their activities or acts (subsection (a)) and the nature of the acts they perform (subsection (b)). Specifically, the notice declares that individuals assisting in the running of Old Parliament House under the control or direction of a Commonwealth officer, without receiving remuneration other than expense payments, are considered employed by the Commonwealth (subsection (a)). The employment is constituted by the acts they perform in connection with this assistance (subsection (b)). The Act imposes specific obligations on the parties it governs, including the requirement for the Minister to make a declaration under section 5(6) that identifies the class of persons and the acts that constitute their employment by the Commonwealth. The notice specifies that the declared individuals are considered Commonwealth employees for the purposes of the Act, which implies that they are entitled to the protections and benefits provided under the Safety, Rehabilitation and Compensation Act 1988. This includes entitlements to rehabilitation and compensation in the event of work-related injuries or illnesses. There are no direct offences or penalties specified in the notice itself; however, the implications of the declaration mean that the declared individuals are subject to the general provisions of the Safety, Rehabilitation and Compensation Act 1988. Breaches of the Act's provisions, such as failing to provide necessary rehabilitation or compensation, could result in civil or criminal penalties. The Act allows for penalties up to a certain amount for non-compliance with its requirements, though the exact penalties are detailed elsewhere in the legislation and not in the notice itself. The declared status of these individuals also means they are subject to any relevant occupational health and safety regulations, which could include penalties for non-compliance with those regulations.