EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Definition of ‘Commonwealth authority’ - subsection 4(1)
The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides workers’ compensation coverage for Commonwealth employees, including employees of Commonwealth authorities.
Subsection 4(1) of the Act defines ‘Commonwealth authority’. Under paragraph (c) of that definition, the Minister can declare certain types of bodies corporate as a Commonwealth authority which is covered under the Act, including bodies corporate which are incorporated under a law of the Commonwealth in which the Commonwealth has a controlling interest.
This declaration will make the Australian Strategic Policy Institute Ltd (ASPI) a Commonwealth authority for the purposes of the Act. ASPI is a company limited by guarantee, incorporated under the Corporations Act 2001 with the Commonwealth as its sole member. Therefore ASPI satisfies the criteria required for a declaration to be made under paragraph (c) of the definition of ‘Commonwealth authority’. ASPI is located in the Australian Capital Territory and has been operating under that Territory’s workers’ compensation arrangements. However, coverage under the Act is appropriate given its Commonwealth status.
ASPI already has occupational health and safety coverage under the Occupational Health and Safety (Commonwealth Employment) Act 1991 as it falls within the definition of ‘Commonwealth authority’ in that Act.
This declaration will take effect from the date of Gazettal.