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 – National Portrait Gallery of Australia Volunteers) Notice 2015
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 National Portrait Gallery of Australia (‘NPGA’) are taken to be employed by the NPGA for the purposes of the Act when they perform acts in connection with the rendering of assistance to the NPGA. This has the effect that the Act will apply to these volunteers.
The NPGA is a Commonwealth authority established by the National Portrait Gallery of Australia Act 2012. The NPGA aims to increase understanding and appreciation of Australian identity, history, culture, creativity and diversity through portraiture. The NPGA is assisted by a number of ongoing and occasional volunteers and these volunteers make a genuine and valuable contribution to the ongoing operations of the NPGA.
This declaration was made at the request of the Minister for the Arts. The Ministry for the Arts in the Attorney-General’s Department advised that the NPGA has consulted with its volunteers about the declaration and that the volunteers overwhelmingly support the change.
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 19339).
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 – National Portrait Gallery of Australia Volunteers) Notice 2015
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 National Portrait Gallery of Australia (‘NPGA’) 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 ‘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 NPGA 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 NPGA volunteers who would not otherwise be covered by the Act.
Senator the Hon Michaelia Cash
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].