Safety, Rehabilitation and Compensation (Definition of Employee - National Portrait Gallery of Australia Volunteers) Notice 2015

Administered by Department of Employment and Workplace Relations

Legislation au F2015L01663 In force Legislative Instrument

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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].

Overview

The Safety, Rehabilitation and Compensation (Definition of Employee – National Portrait Gallery of Australia Volunteers) Notice 2015, issued under the authority of the Minister for Employment, expands the definition of 'employee' under the Safety, Rehabilitation and Compensation Act 1988 to include volunteers of the National Portrait Gallery of Australia. This legislative instrument was introduced to address the gap in coverage for volunteers who perform acts for the benefit of a Commonwealth authority, in this case, the NPGA. The Parliament enacted this notice to ensure that these volunteers, who make a valuable contribution to the NPGA, are provided with the same protections and entitlements as other employees under the Act. The policy objective is to align the legislative scheme with the evolving nature of volunteer work, thereby ensuring that volunteers are not left without necessary protections and benefits in the event of injury or illness related to their activities.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 establishes a scheme for workers' compensation and rehabilitation for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. The Act allows the Minister to declare that certain individuals are considered employees for its purposes. The Safety, Rehabilitation and Compensation (Definition of Employee – National Portrait Gallery of Australia Volunteers) Notice 2015 specifically declares that volunteers of the National Portrait Gallery of Australia (NPGA) are to be treated as employees of the NPGA for the purposes of the Act when they perform activities in connection with rendering assistance to the NPGA. This declaration extends the coverage of the Act to these volunteers, ensuring they receive the benefits of the workers' compensation scheme. The notice was issued in response to a request from the Minister for the Arts, following consultation with the NPGA and its volunteers, who support the change. This legislative instrument is compatible with human rights as it enhances the protection of workers' rights by extending social security coverage to NPGA volunteers.

Key Provisions

The Safety, Rehabilitation and Compensation (Definition of Employee – National Portrait Gallery of Australia Volunteers) Notice 2015 (subsection 5(6)) extends the definition of 'employee' under the Safety, Rehabilitation and Compensation Act 1988 to include volunteers of the National Portrait Gallery of Australia (NPGA). This means that when these volunteers perform acts in connection with the rendering of assistance to the NPGA, they are considered employees for the purposes of the Act (subsection 5(6)). This legislative instrument was made in response to a request from the Minister for the Arts and follows consultation with the NPGA's volunteers, who overwhelmingly supported the change. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not necessary for this declaration. The primary obligation imposed by this notice is on the NPGA, which must now treat its volunteers as employees for the purposes of the Act. This includes providing workers' compensation and rehabilitation benefits to volunteers who are injured while performing their duties. The volunteers, in turn, must comply with the Act's requirements, including reporting any injuries or incidents to the NPGA and participating in any rehabilitation programs offered under the Act. The Minister for Employment has the authority to enforce the Act and ensure that both the NPGA and its volunteers comply with its provisions. Failure to comply with the Act can result in civil or criminal consequences. For example, if the NPGA fails to provide workers' compensation to an injured volunteer, it could face legal action from the injured party. Similarly, if a volunteer fails to report an injury or participate in a rehabilitation program, they could be in breach of the Act. The maximum penalties for breaches of the Act can vary depending on the specific offence, but they can include fines and imprisonment. The Act also provides for the recovery of costs associated with any legal proceedings related to the enforcement of the Act.

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Area of Law
Employee Rights & Protections
Social Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Human Rights Compatibility
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.