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 volunteers who assist in the running of the Department of Environment and Heritage, and assist the Director National Parks. These persons will be covered for all acts performed in the rendering of such assistance.
An existing notice, the Notice of Declaration and Revocation under Section 5(6) (No 1 of 2000) (2000 notice), made on 24 August 2000 currently covers this class of persons and acts for workers’ compensation purposes.
As the 2000 notice amends and revokes previous instruments that are not required to be backcaptured at this stage, it is appropriate to remake this notice as a stand alone document. Remaking the 2000 notice will avoid the need to refer back to old instruments which remain effective in part only, and will simplify and expedite the process for meeting the Department’s obligations under the Legislative Instruments Act 2003. This instrument remakes the 2000 notice to satisfy new registration obligations under the Legislative Instruments Act 2003. This instrument will be registered on the Federal Register of Legislative Instruments (FRLI), which aims to be a complete repository of up-to-date and operative instruments.
Consultation was not undertaken as the new notice does not alter the coverage of the 2000 notice, and does not change the existing entitlements of or impose any additional obligations on any party. An exemption from the preparation of a Regulation Impact Statement was also granted by the Office of Regulation Review on this basis.
This declaration will take effect upon registration on the FRLI.
This Notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.