EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment
Safety, Rehabilitation and Compensation Act 1988
Subsection 5(6)
Safety, Rehabilitation and Compensation (Definition of Employee – AIATSIS Volunteers) Notice 2014
The Safety, Rehabilitation and Compensation Act 1988 (‘the Act’) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
Section 5 defines ‘employee’ for the purposes of the Act. Under subsection 5(6) of that definition, the Minister can declare that persons, being persons who engage in activities or perform acts at the request or direction, or for the benefit of a Commonwealth authority, are taken to be employed by that Commonwealth authority for the purposes of the Act.
In this notice, the Minister has declared that volunteers of the Australian Institute of Aboriginal and Torres Strait Islander Studies (‘AIATSIS’) are taken to be employed by AIATSIS for the purposes of the Act when they perform acts in connection with the rendering of assistance to AIATSIS. This has the effect that the Act will apply to these volunteers.
AIATSIS is a not-for-profit organisation that is administered within the Australian Government Education portfolio and established by the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989. It is the national research and collecting institution for information and research about the cultures and lifestyles of Aboriginal and Torres Strait Islander peoples. It is a Commonwealth authority for the purposes of the Act.
Assistance provided to AIATSIS by volunteers will be to contribute to the work of AIATSIS by supporting AIATSIS’s collections, research and public education functions. The role of the volunteers will be to enhance, support and complement AIATSIS’s role of promoting national and international understanding of Aboriginal and Torres Strait Islander cultures.
This declaration was made in consultation with the Department of Education and AIATSIS.
The Office of Best Practice Regulation was consulted regarding this declaration and indicated that a Regulation Impact Statement was not required for this declaration (OBPR ID 17748).
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.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Safety, Rehabilitation and Compensation (Definition of Employee – AIATSIS Volunteers)
Notice 2014
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Safety, Rehabilitation and Compensation Act 1988 (‘the Act’) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
The Act provides that persons may be declared by the Minister to be employees of the Commonwealth, a Commonwealth authority or a licensed corporation for the purposes of the Act. This has the effect that the specified persons will be covered by the Act.
In this notice, volunteers of the Australian Institute of Aboriginal and Torres Strait Islander Studies (‘AIATSIS’) are declared to be employees for the purposes of the Act.
Human rights implications
Article 9 of the International Covenant on Economic, Social and Cultural Rights provides for the right of everyone to social security, including social insurance. General Comment 19 by the Committee on Economic, Social and Cultural Rights elaborates on Article 9, stating that ‘State parties should … ensure the protection of workers who are injured in the course of employment or other productive work’.[1]
The Act provides support for employees who have been injured at work by way of weekly compensation payments, payment of medical expenses, permanent impairment benefits as well as other benefits. This declaration positively engages the right to social security by extending the coverage of the Act (and therefore access to workers’ compensation) to AIATSIS volunteers who would not be otherwise covered by the Act.
Conclusion
The Legislative Instrument is compatible with human rights because it advances the protection of human rights by extending coverage of the Act, and therefore workers’ compensation coverage, to AIATSIS volunteers who would not otherwise be covered by the Act.
Senator the Hon. Eric Abetz
Minister for Employment
[1] Committee on Economic, Social and Cultural Rights, General Comment 19: The Right to Social Security (art. 9), U.N. Doc E/C.12/GC/19 (2008), [17].
Overview
The Safety, Rehabilitation and Compensation Act 1988 (the Act) was introduced to establish a workers' compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. Enacted by the Parliament of Australia, the Act aims to provide a safety net for workers injured in the course of their employment. One of the key issues the Act addresses is ensuring that all individuals who contribute to the work of Commonwealth authorities are covered under the workers' compensation scheme. The Safety, Rehabilitation and Compensation (Definition of Employee – AIATSIS Volunteers) Notice 2014 was issued under subsection 5(6) of the Act by the Minister for Employment to extend this coverage to volunteers of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). This legislative instrument declares that AIATSIS volunteers are considered employees for the purposes of the Act when they perform acts in connection with the rendering of assistance to AIATSIS, thereby ensuring that these volunteers are eligible for workers' compensation and rehabilitation benefits in the event of work-related injuries.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988, which governs the Commonwealth's workers' compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities, and licensed corporations, has been extended to include volunteers of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) under the Safety, Rehabilitation and Compensation (Definition of Employee – AIATSIS Volunteers) Notice 2014. The Minister for Employment has declared, in accordance with the Act, that AIATSIS volunteers who perform acts in connection with the rendering of assistance to AIATSIS are to be treated as employees of AIATSIS for the purposes of the Act. This legislative instrument aims to ensure that AIATSIS volunteers, who contribute to the work of the institute by supporting its collections, research, and public education functions, are covered by the Commonwealth workers' compensation and rehabilitation scheme, thereby extending their access to workers' compensation benefits. The notice applies nationally and aligns with human rights obligations by enhancing the right to social security for these volunteers, as stipulated in the International Covenant on Economic, Social and Cultural Rights.
Key Provisions
The main operative sections of the Safety, Rehabilitation and Compensation (Definition of Employee – AIATSIS Volunteers) Notice 2014 (F2014L01531) involve the declaration of volunteers of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) as employees for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (the Act). Specifically, under section 5(6) of the Act, the Minister for Employment has the authority to declare that certain volunteers are to be considered employees. This notice exercises that authority by declaring that AIATSIS volunteers who perform acts in connection with the rendering of assistance to AIATSIS are to be taken as employed by AIATSIS for the purposes of the Act (subsection 5(6)). This declaration ensures that AIATSIS volunteers who assist with the institution’s collections, research, and public education functions are covered under the workers’ compensation and rehabilitation scheme.
The obligations imposed by this notice on the parties it governs are primarily concerned with ensuring that AIATSIS volunteers who perform specified activities are afforded the protections and benefits available under the Act. This includes the provision of workers’ compensation and rehabilitation benefits in the event of work-related injuries or illnesses. AIATSIS, as the Commonwealth authority administering the volunteers, must ensure that these volunteers are aware of their rights and the protections available to them under the Act. The notice also requires that AIATSIS complies with any other relevant provisions of the Act, ensuring that the working conditions and safety protocols are maintained to prevent injuries.
There are no specific offences, penalties, or civil/criminal consequences detailed in the notice for breaches by AIATSIS or its volunteers. However, the general provisions of the Act apply, meaning that any failure to comply with the workers’ compensation and rehabilitation requirements could result in penalties as stipulated under the Act. For instance, failure to provide appropriate compensation or rehabilitation services could lead to enforcement actions, fines, or other legal repercussions as per the broader framework of the Act. The maximum penalties would be in line with those prescribed in the Act, which could include substantial fines and potential criminal charges for serious breaches.
In summary, this notice extends the coverage of the Safety, Rehabilitation and Compensation Act 1988 to include AIATSIS volunteers who perform specific activities for the benefit of AIATSIS. It imposes obligations on AIATSIS to ensure these volunteers are aware of and can access the benefits provided under the Act. While the notice itself does not specify penalties for non-compliance, the broader Act’s provisions apply, potentially leading to fines and other legal consequences for serious breaches.