Safety, Rehabilitation and Compensation (Definition of ACT Employee – Emergency Management Volunteers) Declaration 2016

Overview

The Safety, Rehabilitation and Compensation (Definition of ACT Employee – Emergency Management Volunteers) Declaration 2016 was enacted to address a gap in the existing legal framework concerning the eligibility of emergency management volunteers for safety, rehabilitation, and compensation benefits under the Safety, Rehabilitation and Compensation Act 1988. This declaration was made by Michaelia Cash, the Minister for Employment, under the authority granted by subsection 5(15) of the Act. The policy objective is to ensure that emergency management volunteers in the Australian Capital Territory who participate in emergency management activities or training exercises are covered by the provisions of the Act, thereby recognising their contributions and safeguarding their rights in the event of injury or occupational disease. This declaration aims to fill the legal void by explicitly including such volunteers within the definition of ACT employees for the purposes of the Act, thereby providing them with the necessary protections and benefits.

Scope and Application

The Safety, Rehabilitation and Compensation (Definition of ACT Employee – Emergency Management Volunteers) Declaration 2016 applies to individuals who participate in emergency management activities or training exercises within the Australian Capital Territory (ACT). Specifically, it applies to persons who take part in these activities without receiving remuneration, except for the reimbursement of expenses incurred, and who do so at the request or direction of the ACT government, in accordance with a requirement made by or under an ACT enactment, or at the request or direction of an authority or body established by an ACT enactment. These individuals must also be under the control or direction of the Emergency Services Commissioner under the Emergencies Act 2004 (ACT) or the Chief Officer of an emergency service under the same Act. This declaration extends the definition of an ACT employee under the Safety, Rehabilitation and Compensation Act 1988 to include such volunteers. The legislation has a jurisdictional reach limited to the ACT and comes into effect on 1 April 2016, superseding the Safety, Rehabilitation and Compensation (Definition of ACT Employee) Notice 2005. The declaration does not specify exclusions or exemptions, but its application may be further defined or refined through subordinate instruments issued under the authority of the Act.

Key Provisions

The Safety, Rehabilitation and Compensation (Definition of ACT Employee – Emergency Management Volunteers) Declaration 2016 (sections 1-5) primarily serves to clarify the definition of an ACT employee for the purposes of the Safety, Rehabilitation and Compensation Act 1988. Specifically, it includes persons participating in emergency management activities or training exercises without remuneration, provided they are acting at the request or direction of certain authorities or bodies within the Australian Capital Territory. This definition applies to individuals under the control or direction of the Emergency Services Commissioner or the Chief Officer of an emergency service, as specified in the Emergencies Act 2004 (ACT). These provisions ensure that emergency management volunteers, under certain conditions, are considered employees for the purposes of the Act. The Act imposes obligations on emergency management volunteers, treating them as employees when they participate in specified activities. These volunteers must adhere to the requirements set out by the Emergencies Act 2004 and perform their duties under the direction of the Emergency Services Commissioner or a Chief Officer of an emergency service. Additionally, they must not receive remuneration other than payment of expenses incurred for their participation. These obligations ensure that the volunteers operate within a defined scope and that their activities are recognised under the legislative framework. Breaches of the conditions outlined in this declaration may lead to significant consequences. Although the specific offences, penalties, or consequences for non-compliance are not detailed within the declaration itself, the overarching Safety, Rehabilitation and Compensation Act 1988 provides a framework within which violations could be prosecuted. Potential outcomes might include fines, legal action, or other penalties as prescribed under the Act. The precise penalties would depend on the nature and severity of the breach, but the declaration ensures that participation must be strictly in accordance with the specified conditions to avoid any legal repercussions.