EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment
Subject: Safety, Rehabilitation and Compensation Act 1988
Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (F2009L03173)
The Safety, Rehabilitation and Compensation Act 1988 (the SRC Act) provides workers’ compensation coverage for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
Section 5 defines who is an ‘employee’ for the purposes of the SRC Act. Under subsection 5(6) of that definition, the Minister may declare that persons, being persons who engage in activities or perform acts at the request or direction, or for the benefit, of the Commonwealth, are taken to be employed by the Commonwealth for the purposes of the SRC Act.
Subsection 33(3) of the Acts Interpretations Act 1901, which applies by virtue of section 13 of the Legislative Instruments Act 2003, provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
The Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (F2009L03173) (‘the 2009 Notice’) was registered on the Federal Register of Legislative Instruments on 12 August 2009 and commenced on 13 August 2009.
The 2009 Notice provides workers’ compensation coverage for persons, other than Australian Government employees, who are members of emergency response teams providing assistance on request or direction, or for the benefit of, the Commonwealth, in disaster-affected countries. The assistance teams are appointed under the authority of the Attorney-General and are under the direction of Emergency Management Australia.
As the result of an administrative re-arrangement within the Attorney-General’s portfolio, members of emergency response teams are now appointed by the Minister for Justice.
This is a technical amendment to include in the 2009 Notice a reference to the Minister for Justice to ensure that members of emergency response teams appointed under the authority of the Minister for Justice and who meet the other requirements of the 2009 Notice, are taken to be employed by the Commonwealth for the purposes of the SRC Act.
Consultation was undertaken with the Attorney-General’s Department.
The Office of Best Practice Regulation has confirmed that a Regulation Impact Statement is not required (reference OBPR 16268).
This notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and takes effect on the day after registration 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) Amendment Notice 2013
This is a technical amendment to include in the Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (F2009L03173) a reference to the Minister for Justice to ensure that members of emergency response teams appointed under the authority of the Minister for Justice and who meet the other requirements of that Notice, are taken to be employed by the Commonwealth for the purposes of the Safety, Rehabilitation and Compensation Act 1988.
This amendment was necessitated by an administrative re-arrangement within the Attorney-General’s portfolio.
Human rights implications
This instrument does not engage human rights.
Conclusion
The Legislative Instrument is compatible with human rights because it does not raise any human rights issues.
Senator The Hon. Eric Abetz
Minister for Employment