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 – G20 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, or under a requirement made by or under a law, of the Commonwealth, are taken to be employed by the Commonwealth for the purposes of the Act.
In this notice, the Minister has declared that volunteers of the 2014 Group of Twenty Leaders’ Summit in Brisbane (‘G20 Leaders’ Summit 2014’) are taken to be employed by the Commonwealth for the purposes of the Act when they assist in the running of the G20 Leaders’ Summit 2014. This has the effect that the Act will apply to these volunteers.
The G20 Leaders’ Summit 2014 will be held in Brisbane, Queensland on 15 and 16 November 2014. There are approximately 700 volunteers who will assist in the preparation and running of activities associated with the G20 Leaders’ Summit 2014 under the direction of the Department of the Prime Minister and Cabinet’s G20 Taskforce.
The volunteers will when, under the direction of the Department of the Prime Minister and Cabinet, performing acts in connection with event preparations, facilitating the movement of G20 delegates or providing general assistance or service rendered to the delegates, media and guests of the G20 Leaders’ Summit 2014 from the date this notice commences until the 21 November 2014 (inclusive) be covered by this Act in the same way as a Commonwealth employee.
It is appropriate that volunteers assisting the Department of the Prime Minister and Cabinet be covered by the Act when they perform the acts described in the notice, as the acts will confer a public benefit.
This notice was made in consultation with the Department of the Prime Minister and Cabinet.
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 17550).
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 – G20 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 2014 Group of Twenty Leaders’ Summit in Brisbane (‘G20 Leaders’ Summit 2014’) are declared to be employees for the purposes of the Act when they perform prescribed acts under the direction or request of the Department of the Prime Minister and Cabinet’s G20 Taskforce.
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 ‘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 volunteers at the G20 Leaders’ Summit 2014 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 volunteers at the G20 Leaders’ Summit 2014 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 – G20 Volunteers) Notice 2014 was introduced to address a specific need arising from the 2014 Group of Twenty Leaders' Summit in Brisbane. Enacted under the authority of the Minister for Employment, this notice extends the coverage of the Safety, Rehabilitation and Compensation Act 1988 to include volunteers participating in the G20 Leaders' Summit. This legislative instrument ensures that the approximately 700 volunteers who assist in the preparation and running of the summit are provided with the same workers' compensation and rehabilitation protections as employees of the Commonwealth. The policy objective is to ensure that these volunteers, who perform acts under the direction of the Department of the Prime Minister and Cabinet, are covered by the Act when they engage in event preparations, facilitate the movement of G20 delegates, or provide general assistance to delegates, media, and guests. This declaration aligns with human rights obligations, particularly the right to social security as outlined in the International Covenant on Economic, Social and Cultural Rights.
Scope and Application
The Safety, Rehabilitation and Compensation (Definition of Employee – G20 Volunteers) Notice 2014 extends the application of the Safety, Rehabilitation and Compensation Act 1988 to include volunteers who assist in the preparation and running of the 2014 Group of Twenty Leaders’ Summit in Brisbane, commonly referred to as the G20 Leaders’ Summit 2014. This notice specifically declares that volunteers who engage in activities directed by the Department of the Prime Minister and Cabinet’s G20 Taskforce are considered employees under the Act. These activities include event preparations, facilitating the movement of G20 delegates, and providing general assistance to delegates, media, and guests of the G20 Leaders’ Summit 2014. By declaring these volunteers as employees, the Act ensures they are covered by the Commonwealth workers’ compensation and rehabilitation scheme from the date this notice commences until 21 November 2014. This extension of coverage aligns with the intent of the Act, which provides support to employees injured at work, thereby positively engaging the right to social security as outlined in Article 9 of the International Covenant on Economic, Social and Cultural Rights.
Key Provisions
The Safety, Rehabilitation and Compensation (Definition of Employee – G20 Volunteers) Notice 2014 (Notice) is a legislative instrument that amends the definition of 'employee' in the Safety, Rehabilitation and Compensation Act 1988 (Act) (subsection 5(6)). Under this Notice, volunteers participating in the 2014 Group of Twenty Leaders' Summit in Brisbane (G20 Leaders' Summit 2014) are considered employees for the purposes of the Act. This declaration ensures that these volunteers, who are assisting in the preparation and running of activities related to the G20 Leaders' Summit 2014, are covered by the Act in the same manner as Commonwealth employees from the date this Notice commences until 21 November 2014. The volunteers in question perform acts under the direction of the Department of the Prime Minister and Cabinet's G20 Taskforce, such as event preparations, facilitating the movement of G20 delegates, or providing general assistance to delegates, media, and guests of the Summit.
The obligations imposed by this Notice on the parties it governs are primarily centred on the Department of the Prime Minister and Cabinet's G20 Taskforce. The Department is responsible for ensuring that the volunteers working under its direction are aware of the provisions of the Act and that they are afforded the same protections and benefits as any Commonwealth employee. This includes providing the necessary information and support to volunteers regarding their rights and entitlements under the Act, as well as ensuring that any injuries or incidents occurring during the course of their volunteer work are reported and managed in accordance with the Act. Additionally, the Notice imposes a responsibility on the volunteers themselves to adhere to the guidelines, procedures, and requirements established by the Department and the Commonwealth in relation to their volunteer work at the G20 Leaders' Summit 2014.
Failure to comply with the requirements of the Act, as amended by this Notice, may result in various consequences for the parties involved. For instance, if a volunteer is injured while performing their duties and the incident is not reported in accordance with the Act, they may be unable to claim workers' compensation for their injuries. Similarly, if the Department of the Prime Minister and Cabinet's G20 Taskforce fails to ensure that the volunteers are aware of their rights and obligations under the Act, they may be held liable for any breaches of the Act by the volunteers. In terms of civil or criminal consequences, the Act itself does not outline specific penalties for breaches of its provisions. However, breaches of other Commonwealth legislation, such as the Work Health and Safety Act 2011, may carry civil penalties of up to $1.9 million for corporations and $190,000 for individuals, or criminal penalties of up to six months imprisonment for individuals and $5.5 million for corporations.