EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Definition of ‘Commonwealth authority’ - subsection 4(1)
The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides workers’ compensation coverage for Commonwealth employees, including employees of Commonwealth authorities.
Subsection 4(1) of the Act defines ‘Commonwealth authority’. Under paragraph (d) of that definition, the Minister can declare certain types of bodies corporate as Commonwealth authorities which are covered under the Act, including a body corporate in which a body corporate declared under paragraph (c) has a controlling interest.
This declaration will make the ARTC Services Company Pty Ltd (ARTC Services) a Commonwealth authority for the purposes of the Act.
ARTC Services is a wholly owned subsidiary of the Australian Rail Track Corporation Ltd. The Australian Rail Track Corporation is a company limited by shares, incorporated under the Corporations Act 2001, in which the Commonwealth has a controlling interest. On 13 May 1998 the Australian Rail Track Corporation was declared to be a body corporate to which the SRC Act applies under paragraph (c) of the definition of Commonwealth authority in subsection 4(1) of the Act. However, this declaration does not extend to subsidiary companies of the Australian Rail Track Corporation for the purposes of the SRC Act.
ARTC Services has been operating under State workers’ compensation arrangements. However, coverage under the Act is appropriate given its Commonwealth status.
ARTC Services already has occupational health and safety coverage under the Occupational Health and Safety (Commonwealth Employment) Act 1991 as it falls within the definition of ‘Commonwealth authority’ in that Act.
This declaration will take effect from the date of Gazettal.