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 employees of the Commonwealth, Commonwealth authorities and licensed corporations.
Section 5 defines who is an “employee” for the purposes of the Act. Under section 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, the Commonwealth, or a Commonwealth authority or a licensed corporation, are taken to be employed by the Commonwealth for the purposes of the Act.
This declaration seeks to provide workers’ compensation coverage for persons who are members of the Australian Medical Assistance Teams providing medical assistance in response to the earthquake that struck the Yogyakarta region of Indonesia on the 27 May 2006. The Australian Medical Assistance Teams are deployed at the direction of the Attorney-General and will be specifically deployed under the Australian Government Overseas Disaster Response Plan which enables AusAID and Emergency Management Australia to organise the assistance. Members of the team will include personnel from State and Territory governments and private contractors.
Coverage would apply to acts performed by these teams in connection with providing medical assistance in response to the earthquake that struck the Yogyakarta region of Indonesia pursuant to arrangements made between the Attorney-General, AusAID and Emergency Management Australia and the Indonesian Government.
It is appropriate that the members of the teams have workers’ compensation coverage for activities undertaken to assist in the response to the earthquake as the operation is at the direction of the Attorney-General and for the benefit of the Commonwealth.
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.
An exemption from the preparation of a Regulation Impact Statement was granted by the Office of Regulation Review. Wider public comment was not sought in relation to declaration for coverage under the Act as it is a matter of urgency that assistance be provided in response to the earthquake and that workers’ compensation arrangements are in place immediately.
The declaration will take effect on as soon as it is registered on the Register of Legislative Instruments.