EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Definition of ‘ACT Employee’ – subsection 5(15)
The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides workers’ compensation coverage for Commonwealth employees, and some employees of the Australian Capital Territory.
Section 5 defines who is an “employee” for the purposes of the Act. Under paragraph 5(15)(c) the Minister can declare certain persons as “employees” of the Australian Capital Territory for the purposes of the Act, including persons that engage in activities at the request or direction, or for the benefit, of an authority or body established by an ACT enactment.
An employee of the ACT is covered by the Act by virtue of section 4A which declares the ACT to be a “Commonwealth authority” under the Act and subsection 5(1) which provides that an employee of a Commonwealth authority is covered by the Act.
This declaration seeks to provide workers’ compensation coverage for ACT emergency management volunteers. These persons will be covered by the Act for acts performed in connection with the carrying out of emergency management activities or training exercises.
An existing notice, the Safety, Rehabilitation and Compensation (Definition of ACT Employee) Notice 2004 (2004 notice) currently covers this class of persons and acts. The 2004 notice was made on 12 July 2004 at the request of the ACT Chief Minister, the Hon Jon Stanhope MLA, to coincide with the commencement of the Emergencies Act 2004 on 1 July 2004 which streamlines emergency services management in the ACT.
As the 2004 notice amends and revokes previous instruments that are not required to be backcaptured, it is appropriate that this notice be remade as a stand-alone document. Remaking the 2004 notice will avoid the need to refer back to old instruments which remain effective in part only, and will simplify and expedite the process for meeting the Department’s obligations under the Legislative Instruments Act 2003. This instrument remakes the 2004 notice to satisfy new registration obligations under the Legislative Instruments Act 2003. This instrument will be registered on the Federal Register of Legislative Instruments (FRLI), which aims to be a complete repository of up-to-date and operative instruments.
The Chief Minister has been advised of the remaking of this instrument. Further consultation was not undertaken as the redrafted notice does not alter the coverage of the 2004 notice, and does not change the existing entitlements of or impose any additional obligations on any party. An exemption from the preparation of a Regulation Impact Statement was also granted by the Office of Regulation Review on this basis.
This declaration will take effect upon registration on the FRLI.
This Notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.