EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Definition of ‘Employee’ - subsection 5(6)
The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides workers’ compensation coverage for Commonwealth employees.
Section 5 defines who is an “employee” for the purposes of the Act. Under paragraph 5(6)(a) of that definition, the Minister can declare that persons, being persons who engage in activities or perform acts at the request or direction, for the benefit of the Commonwealth, a Commonwealth authority or licensed corporation or under a requirement made by or under a law of the Commonwealth, are taken to be employed by the Commonwealth or that authority or corporation for the purposes of the Act.
This declaration seeks to provide workers’ compensation coverage for persons who, for the benefit of the Commonwealth or a Commonwealth authority or a licensed corporation, at the direct or indirect request of, or at the direction of, the Commonwealth or a Commonwealth authority or licensed corporation, participate in relief missions in relation to areas affected by the earthquake and tsunami in the Indian Ocean on 26 December 2004.
Coverage would apply to acts performed in Australia and overseas, pursuant to arrangements made with the Commonwealth, a Commonwealth authority or a licensed corporation, for which those persons in Schedule 1 are not covered by an alternative workers compensation scheme to the Safety, Rehabilitation and Compensation Act 1988.
It is appropriate that persons who undertake such missions for the benefit of and at the request of the Commonwealth, a Commonwealth authority or licensed corporation have workers’ compensation coverage for relief missions undertaken. Examples of Commonwealth agencies that may engage persons who would be covered by this declaration include AusAID, the Australian Defence Force, the Department of Health and Ageing and the Attorney-General’s Department (e.g Emergency Management Australia).
The declaration would also cover persons requested to participate in relief missions at the request of Non-government organisations (NGOs), but only where the relevant NGO had been acting on a request by the Commonwealth, a Commonwealth authority or licensed corporation to undertake a relief mission.
Accordingly the declaration by the Minister for Employment and Workplace Relations under the Act will ensure that it applies to such persons when they perform relevant acts.
The Department of the Prime Minister and Cabinet, the Department of Finance and Administration, the Department of Foreign Affairs and Trade, the Attorney-General’s Department, the Department of Health and Ageing, and Comcare were either consulted in the preparation of this instrument or participated in an Interdepartmental Committee which approved the making of this instrument.
This declaration will take effect on 5 January 2005.