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.
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted to provide workers' compensation coverage for Commonwealth employees, including certain employees of the Australian Capital Territory. The 2005 amendment, F2005L04156, introduced by the Minister for Employment and Workplace Relations, aims to clarify and update the definition of ‘ACT Employee’ under subsection 5(15) to include persons engaging in activities for the benefit of an authority or body established by an ACT enactment, thereby ensuring workers’ compensation coverage for ACT emergency management volunteers. This legislative instrument, remade to comply with the Legislative Instruments Act 2003, streamlines the process of providing coverage for such volunteers and ensures their inclusion in the Act. The policy objective is to maintain and simplify the existing coverage without altering the entitlements or imposing new obligations on any party.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 extends workers’ compensation coverage to employees of the Australian Capital Territory (ACT) and Commonwealth employees. Specifically, under the Act, the Minister for Employment and Workplace Relations has the authority to declare certain individuals as "employees" of the ACT for the purposes of the Act, including those who engage in activities at the request or direction of, or for the benefit of, an authority or body established by an ACT enactment. Such individuals, including ACT emergency management volunteers, are covered for acts performed in connection with emergency management activities or training exercises. This coverage is operationalised through a legislative instrument, the Safety, Rehabilitation and Compensation (Definition of ACT Employee) Notice 2004, which was remade to meet new registration obligations under the Legislative Instruments Act 2003. This remake, which does not alter the coverage or entitlements of the original notice, aims to simplify and expedite the process for meeting the Department’s obligations, and will be registered on the Federal Register of Legislative Instruments.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides coverage for workers' compensation to Commonwealth employees and certain employees of the Australian Capital Territory (ACT). Section 5 of the Act (subsection 5(15)) allows the Minister to declare certain persons as "employees" of the ACT, which includes individuals engaged in activities at the request or direction of, or for the benefit of, an authority or body established by an ACT enactment. Under section 4A of the Act, the ACT is recognised as a "Commonwealth authority," and subsection 5(1) extends the Act's coverage to employees of such authorities. The purpose of this is to ensure that ACT emergency management volunteers receive workers' compensation coverage for acts performed in connection with emergency management activities or training exercises.
The obligations imposed by the Act on the parties it governs include ensuring that employees, as defined by the Act, receive appropriate workers' compensation coverage. This involves recognising and registering employees who are covered under the Act, such as ACT emergency management volunteers. The Act requires these employees to be included in the coverage for acts performed in connection with emergency management activities or training exercises. The obligations also include ensuring that these employees are aware of their entitlements and any requirements or procedures necessary to claim compensation under the Act.
Breaches of the Act may result in various penalties and consequences. Although the specific penalties are not detailed in the explanatory statement, the Act generally provides for civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties can include imprisonment. The maximum penalties will depend on the nature and severity of the breach, as well as any relevant provisions within the Act. It is essential for parties governed by the Act to adhere to its requirements to avoid potential penalties and consequences.