EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Tertiary Education, Skills, Jobs and Workplace Relations.
Safety, Rehabilitation and Compensation Act 1988
Paragraph 6(1)(i)
Safety, Rehabilitation and Compensation (Class of Employees Outside Australia)
Notice 2011 (No. 1)
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The Safety, Rehabilitation and Compensation Act 1988 (the SRC Act) provides workers’ compensation coverage for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
Section 6 of the SRC Act states, in part:
(1) Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained:
...
(i) While the employee was:
(i) at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories; and
(ii) a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.
In this legislative instrument the Minister has declared that the Australian Civilian Corps (ACC) is a class of employees for the purposes of paragraph 6(1)(i) of the SRC Act. ACC employees are engaged under the Australian Civilian Corps Act 2011 as Commonwealth employees to work in countries experiencing or emerging from natural disasters or conflict to assist stabilisation, recovery and development efforts. Employees of the ACC will be working in high risk environments and so it is appropriate that, for the period an ACC member is overseas, he or she is presumed to be covered by the SRC Act.
This means that so long as an employee is doing something that is reasonable (including outside normal working hours), in the circumstances of the overseas posting, he or she will be covered for compensation purposes. This presumption would still be subject to the existing exceptions around submission to abnormal risk of injury, an injury that is intentionally self-inflicted and injury arising out of serious and wilful misconduct.
Consultation was undertaken with the Australian Agency for International Development on this instrument and when the relevant amendments to the Safety, Rehabilitation and Compensation Act 1988 were being developed.
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this instrument.
This notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will take effect from the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Safety, Rehabilitation and Compensation (Class of Employees Outside Australia) Notice 2011 (No. 1) was enacted to address the specific need for workers’ compensation coverage for employees of the Commonwealth who are deployed overseas under the Australian Civilian Corps (ACC). This legislative instrument, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, amends the Safety, Rehabilitation and Compensation Act 1988 by declaring the ACC as a class of employees for the purposes of workers’ compensation when operating outside Australia. This declaration ensures that ACC employees, who are engaged to work in high-risk environments in countries experiencing or recovering from natural disasters or conflict, are presumed to be covered under the SRC Act during their overseas postings. This coverage extends to injuries sustained while the employees are performing tasks that are reasonable within the context of their overseas mission, subject to existing exceptions for abnormal risks, self-inflicted injuries, and misconduct. The instrument reflects the policy objective of providing appropriate compensation and support to employees working in challenging and hazardous conditions abroad.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988, as amended by the Safety, Rehabilitation and Compensation (Class of Employees Outside Australia) Notice 2011 (No. 1), extends workers' compensation coverage to employees of the Commonwealth, Commonwealth authorities, and licensed corporations who sustain injuries while working at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories. Specifically, this legislative instrument designates the Australian Civilian Corps (ACC) as a class of employees for whom the presumption applies, thus ensuring that ACC employees engaged under the Australian Civilian Corps Act 2011 to work in countries experiencing or emerging from natural disasters or conflict are covered for compensation purposes. This extension is pertinent as ACC employees work in high-risk environments, and the presumption of coverage is appropriate for the duration of their overseas postings. The coverage is subject to existing exceptions, such as injuries resulting from abnormal risks, self-inflicted injuries, or serious and wilful misconduct. The instrument does not require a Regulation Impact Statement, as advised by the Office of Best Practice Regulation, and will take effect from the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The main sections of the Safety, Rehabilitation and Compensation (Class of Employees Outside Australia) Notice 2011 (No. 1) clarify the scope of workers’ compensation coverage under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). Specifically, Section 6(1)(i) of the SRC Act stipulates that an injury to an employee will be considered to have arisen out of or in the course of employment if it occurs while the employee is at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories, and the employee belongs to a class of employees declared by the Minister. In this legislative instrument, the Australian Civilian Corps (ACC) has been declared as such a class of employees.
This declaration imposes obligations on the parties involved, notably the Commonwealth, ACC employees, and licensed corporations. For the ACC employees, the declaration ensures that they are presumed to be covered by workers’ compensation for any injuries sustained while they are overseas on official duty. This means that any injury occurring in the course of their overseas duties will be compensable under the SRC Act, provided it is related to their employment and does not fall under the exceptions of abnormal risk, intentional self-infliction, or serious and wilful misconduct. The Commonwealth and licensed corporations are required to ensure that ACC employees are made aware of this coverage and that they have access to the necessary support and compensation mechanisms in case of injury.
Failure to comply with the provisions of the SRC Act or the legislative instrument can lead to civil or criminal consequences. Although specific offences, penalties, and maximum penalties are not detailed in the explanatory statement, the SRC Act generally provides for penalties for breaches, which can include fines and imprisonment. The precise penalties would depend on the nature and severity of the breach, and they are to be determined in accordance with the legal framework governing the SRC Act. Ensuring compliance with the Act is crucial to maintain the integrity of the workers’ compensation system and to protect the rights of employees working in high-risk environments overseas.