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 – CSIRO 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 licenced corporations.
Section 5 defines ‘employee’ for the purposes of the Act. Under paragraph 5(6)(a)(ii) 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 particular volunteers of the Commonwealth Scientific and Industrial Research Organisation (‘CSIRO’) are taken to be employed by CSIRO for the purposes of the Act when they perform acts in connection with the rendering assistance to CSIRO. This has the effect that the Act will apply to these volunteers.
Assistance provided to CSIRO by volunteers includes, but may not be limited to, managing education areas, providing programs to the public, staffing visitor centres and providing technical services in maintaining collections.
This declaration applies to volunteers of CSIRO who provide assistance at:
• the Visitor Centre (Canberra Space Centre) at the Canberra Deep Space Communication Complex;
• Visitor Centres within the Australia Telescope National Facility;
• the CSIRO Discovery Centre;
• the Australian National Herbarium;
• the Australian National Insect Collection;
• the Australian National Wildlife Collection;
• the Australian National Fish Collection;
• the Australian Tree Seed Centre; and
• the National Soil Archive.
This declaration was requested by CSIRO and was made in consultation with it.
The Office of Best Practice Regulation was consulted regarding this declaration and indicated that a Regulation Impact Statement was not required for this declaration (ID 16332).
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 – CSIRO 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 licenced 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, particular volunteers of the Commonwealth Scientific and Industrial Research Organisation (‘CSIRO’) 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 the ‘States 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 CSIRO 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 CSIRO 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 (Definition of Employee – CSIRO Volunteers) Notice 2014 was enacted to address a gap in the coverage of the Safety, Rehabilitation and Compensation Act 1988. This legislation, enacted by the Australian Parliament, establishes the Commonwealth workers' compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. The notice specifically amends the definition of 'employee' under the Act to include particular volunteers of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) who engage in activities or perform acts for the benefit of CSIRO. The policy objective of this notice is to extend the coverage of the Act, thereby ensuring that CSIRO volunteers who provide various forms of assistance, such as managing education areas or staffing visitor centres, are afforded the same workers' compensation and rehabilitation benefits as regular employees. This legislative instrument is compatible with human rights, as it extends the protection of social security to these volunteers, aligning with international human rights standards.
Scope and Application
The Safety, Rehabilitation and Compensation (Definition of Employee – CSIRO Volunteers) Notice 2014 extends the coverage of the Safety, Rehabilitation and Compensation Act 1988 to certain volunteers of the Commonwealth Scientific and Industrial Research Organisation (CSIRO). This legislation applies to volunteers who provide assistance to CSIRO in various capacities, including managing education areas, providing public programs, staffing visitor centres, and offering technical services in maintaining collections. Specifically, the notice applies to volunteers operating at the Canberra Space Centre, the Australia Telescope National Facility, the CSIRO Discovery Centre, and several other CSIRO facilities. The declaration ensures that these volunteers are considered employees for the purposes of the Act, thereby entitling them to workers' compensation and rehabilitation benefits under the Commonwealth's workers' compensation and rehabilitation scheme. This extension is designed to align the legislative coverage with the practical scope of volunteer activities at CSIRO, thereby ensuring that volunteers who are significantly involved in CSIRO’s operations receive the same protections as paid employees. The notice does not specify any exclusions or thresholds and operates on a national level, applying across the Commonwealth of Australia.
Key Provisions
The primary operative sections of this legislation, as described in the explanatory statement, involve the declaration of certain CSIRO volunteers as employees for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (the Act). This declaration is detailed under section 5(6) of the Act, where the Minister has the authority to include volunteers who perform acts at the request or direction of a Commonwealth authority, in this case, the CSIRO, as employees. This inclusion extends the coverage of the Act to these volunteers, ensuring they are eligible for workers' compensation and rehabilitation benefits if they are injured or suffer from work-related conditions (subsection 5(6)(a)(ii)).
The Act imposes specific obligations on the parties it governs, primarily focusing on the provision of workers' compensation and rehabilitation benefits to declared employees. For CSIRO, this means extending the same protections and entitlements to volunteers as it does to its regular employees. The Act requires CSIRO to ensure that these volunteers are aware of their rights and the support available to them under the Act, and to provide any necessary support or assistance to them in the event of a work-related injury or condition. For the volunteers, it means they must report any work-related injuries or conditions to the appropriate authorities within CSIRO and follow the procedures set out in the Act for claiming compensation and rehabilitation benefits.
Breach of the obligations imposed by the Act can lead to various consequences, both civil and criminal. While the explanatory statement does not detail specific offences or penalties, breaches of the Act generally could result in penalties under the legislation, which may include fines or other sanctions. For example, failure to report a work-related injury or providing false information could be considered serious breaches and might lead to legal action against the individual or the organisation. The explanatory statement confirms that the Legislative Instrument is compatible with human rights, as it extends the protection of workers' compensation to CSIRO volunteers, thereby supporting the right to social security as outlined in the International Covenant on Economic, Social and Cultural Rights. This compatibility ensures that the legislation not only fulfils its statutory purpose but also aligns with international human rights standards.