Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2006 (2)

Overview

The Safety, Rehabilitation and Compensation Act 1988, enacted to provide workers' compensation coverage for employees of the Commonwealth, Commonwealth authorities, and licensed corporations, was extended by the Minister for Employment and Workplace Relations to include members of the Australian Medical Assistance Teams deployed in response to the Yogyakarta earthquake in Indonesia on 27 May 2006. This extension was necessitated by the urgency of providing immediate workers' compensation coverage for personnel from State and Territory governments and private contractors involved in disaster response activities directed by the Attorney-General. The declaration under section 5(6) of the Act ensures that these team members are considered employed by the Commonwealth for the purposes of workers' compensation coverage when performing acts related to medical assistance in the disaster response. An exemption from the preparation of a Regulation Impact Statement was granted by the Office of Regulation Review, and broader public consultation was not pursued due to the immediate need to establish compensation arrangements.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 provides workers' compensation coverage for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. This Act specifically defines an "employee" and allows the Minister for Employment and Workplace Relations to declare that certain persons who engage in activities at the request or direction of the Commonwealth, a Commonwealth authority, or a licensed corporation are considered employees for the purposes of the Act. The recent amendment extends this coverage to members of the Australian Medical Assistance Teams who are deployed to provide medical assistance in response to the Yogyakarta earthquake in Indonesia on 27 May 2006. These teams, which include personnel from State and Territory governments and private contractors, are deployed under the Australian Government Overseas Disaster Response Plan, enabling AusAID and Emergency Management Australia to organise the assistance. The Act will cover the acts performed by these teams in connection with the medical assistance provided in response to the earthquake, as per the arrangements made between the Attorney-General, AusAID, Emergency Management Australia, and the Indonesian Government. This coverage is deemed appropriate given that the operation is at the direction of the Attorney-General and for the benefit of the Commonwealth, ensuring that workers' compensation arrangements are in place immediately. An exemption from the preparation of a Regulation Impact Statement was granted by the Office of Regulation Review, and wider public comment was not sought due to the urgency of providing assistance in response to the earthquake. The declaration by the Minister will take effect as soon as it is registered on the Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation are found in section 5(6) of the Safety, Rehabilitation and Compensation Act 1988. This section allows the Minister for Employment and Workplace Relations to declare that certain individuals who engage in activities or perform acts for the benefit of the Commonwealth, a Commonwealth authority, or a licensed corporation are to be considered employees under the Act. This declaration specifically applies to members of the Australian Medical Assistance Teams who are providing medical assistance in response to the earthquake in Yogyakarta, Indonesia on May 27, 2006. By this declaration, the Minister ensures that these team members are covered under the workers’ compensation provisions of the Act while they are deployed to provide assistance. The Act imposes several obligations and requirements on the parties it governs. Firstly, the Act mandates that the Minister for Employment and Workplace Relations must declare certain individuals as employees under section 5(6) if they are engaged in activities for the benefit of the Commonwealth or a related entity. This declaration ensures that these individuals, including members of the Australian Medical Assistance Teams, receive workers’ compensation coverage. Additionally, the Act requires that such declarations be made promptly to ensure that coverage is in place immediately, particularly in urgent situations such as disaster response. The Act also specifies that these declarations should be registered on the Register of Legislative Instruments to take effect as soon as they are published. Breaching the provisions of the Safety, Rehabilitation and Compensation Act 1988 can lead to various civil and criminal consequences. Although the specific offences and penalties are not detailed in the explanatory statement, the Act generally imposes penalties for non-compliance with its provisions. These penalties can include fines or other sanctions as stipulated by the relevant legislation. The seriousness of the breach would determine the extent of the penalties. However, it is crucial to note that the primary intent of this legislation is to ensure that individuals providing essential services, such as disaster response, are adequately protected under workers’ compensation laws. Therefore, the focus remains on providing necessary coverage rather than on punitive measures.