EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 94
Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Safety, Rehabilitation and Compensation Amendment Regulations 2011 (No. 1)
Section 122 of the Safety, Rehabilitation and Compensation Act 1988 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act, together with the Safety, Rehabilitation and Compensation Regulations 2002 (the Principal Regulations), establishes a statutory framework to govern federal workers compensation.
The Regulations prescribe the Australian Civilian Corps (ACC) as an entity and the Director-General of the Australian Agency for International Aid and Development (AusAID) as its principal officer.
The Australian Civilian Corps Act 2011 (ACC Act) passed through Parliament on
22 March 2011 and creates a legal framework for the management of ACC personnel and provides for employment arrangements for these personnel. The purpose of the ACC is to enable the rapid deployment of civilian specialists into countries experiencing or emerging from conflict or disaster.
The ACC Act provides that the Director-General of AusAID, on behalf of the Commonwealth, will have all the rights, duties and powers of an employer in respect of an ACC employee. The Director-General will also have the power to engage persons as ACC employees and determine the remuneration and other employment terms and conditions of ACC employees.
Section 4 of the Act includes, as a definition of ‘entity’, a person, body, organisation or group of persons so prescribed.
The Regulations amend Schedule 4 of the Principal Regulations to prescribe the ACC as an entity and the Director-General of AusAID as its principal officer.
The Act does not impose any conditions that need to be satisfied before the power to make the Regulations may be exercised.
The amendment has been requested by the Department of Foreign Affairs and consultation has been undertaken with that department as well as with AusAID.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required.
The Regulations commence on the day after registration on the Federal Register of Legislative Instruments.
Overview
The Safety, Rehabilitation and Compensation Amendment Regulations 2011 (No. 1) were enacted to align with the Australian Civilian Corps Act 2011, addressing the need for a regulatory framework that governs the employment and operational aspects of the Australian Civilian Corps (ACC). This Act, passed by the Australian Parliament on 22 March 2011, establishes a statutory basis for the management of ACC personnel, enabling the rapid deployment of civilian specialists into conflict or disaster-affected countries. The Safety, Rehabilitation and Compensation Act 1988, which provides the overarching legislative framework for federal workers' compensation, includes provisions for the creation of regulations to support its operation. The amendment made by these Regulations specifically identifies the ACC as an entity and designates the Director-General of AusAID as its principal officer, thereby ensuring that the ACC's unique operational requirements are incorporated into the existing compensation and rehabilitation framework. The Regulations were issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, reflecting the policy objective of facilitating the efficient deployment and support of ACC personnel in international aid and development efforts.
Scope and Application
The Safety, Rehabilitation and Compensation Amendment Regulations 2011 (No. 1) extend the application of the Safety, Rehabilitation and Compensation Act 1988 to the Australian Civilian Corps (ACC), an entity created by the Australian Civilian Corps Act 2011. The regulations designate the Director-General of the Australian Agency for International Aid and Development (AusAID) as the principal officer of the ACC, thereby subjecting ACC employees to the provisions of the Act. This amendment ensures that ACC employees, who are often deployed to conflict or disaster zones, are afforded the same protections and benefits under the federal workers' compensation framework as employees of other Commonwealth entities. The regulations apply to any person or entity as defined under the Act, with no specified exclusions or thresholds for this particular amendment. The jurisdictional reach of these regulations is national, applying across Australia. The Act’s provisions can be further detailed or extended through subordinate instruments, ensuring flexibility in addressing specific needs or circumstances of the ACC employees.
Key Provisions
The Safety, Rehabilitation and Compensation Amendment Regulations 2011 (No. 1) introduce significant changes to the existing framework under the Safety, Rehabilitation and Compensation Act 1988 (the Act) by amending the Safety, Rehabilitation and Compensation Regulations 2002 (Principal Regulations). Specifically, these Regulations, pursuant to section 122 of the Act, prescribe the Australian Civilian Corps (ACC) as an entity and the Director-General of the Australian Agency for International Aid and Development (AusAID) as its principal officer (Regulation 4). This amendment aligns with the establishment of the Australian Civilian Corps Act 2011 (ACC Act), which facilitates the rapid deployment of civilian specialists into conflict or disaster-affected regions. By designating the ACC as an entity, the Regulations integrate this new entity into the workers' compensation scheme, ensuring it is subject to the same safety, rehabilitation, and compensation provisions as other federal entities.
The obligations imposed by these Regulations on the ACC and its employees are primarily to comply with the workers' compensation framework established by the Act and the Principal Regulations. This includes adhering to safety standards, reporting any work-related injuries or illnesses, and participating in any rehabilitation programs that may be required. The Director-General of AusAID, as the principal officer, has the responsibility to ensure these obligations are met and to facilitate the smooth operation of the ACC within the compensation scheme. This encompasses managing the employment terms and conditions of ACC personnel, ensuring their entitlements under the Act are upheld, and providing necessary support to employees who may become injured or ill while on duty.
Failure to comply with the obligations set out in these Regulations can result in legal consequences. While specific offences and penalties are not detailed in the Regulations themselves, the Act provides a broad framework for enforcement. Breaches of the Act may lead to civil actions for compensation or other remedies, while more serious violations could attract criminal penalties. Under the Act, individuals found guilty of certain offences may face fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are prescribed in the Act and can vary based on the nature and circumstances of the offence. It is important for the ACC and its employees to be aware of these obligations to avoid any potential legal repercussions.