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 subparagraph 5(6)(a)(i) 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, are taken to be employed by the Commonwealth for the purposes of the Act.
This legislative instrument seeks to provide workers’ compensation coverage for persons who assist in the operation of the Australian Federal Police (AFP) in various capacities.
The class of persons described at Item 1 of the Schedule, includes persons acting in a support capacity to Australian Capital Territory policing via participation in the Volunteers in Policing program. Volunteers also include persons involved with, crime prevention and community outreach activities, police scouts, Police and Citizen Youth Club programs, the local business key holder registry update project, as well as training, forensic, media and ceremonial support.
The class of persons described at Item 2 of the Schedule include persons participating in training exercises for the International Deployment Group. Persons partaking in similar training exercises for the Australian Protective Services (APS) have been covered by a section 5(6) declaration made on 28 August 1998. However on 1 July 2004 the APS ceased to exist and became an operating division of the AFP. This declaration seeks to update and extend the workers’ compensation coverage provided by the 1998 instrument to reflect the merger of the APS into the AFP.
It is appropriate that persons assisting the AFP in a voluntary capacity be covered by the Act, as they provide services at the request of the Commonwealth, which confer a public benefit. 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.
Members and protective service officers are covered by the Act because they come within the definition of ‘AFP employee’. Special members and special protective service officers work along side members and protective service officers but are not AFP employees and therefore not automatically covered by the Act. It is therefore appropriate that special members and special protective service officers be covered by the same workers’ compensation arrangements as their colleagues. Items 3, 4 and 5 of the Schedule extend workers’ compensation coverage to persons appointed as special members or special protective service officers, or secondees to the AFP, under the Australian Federal Police Act 1979.
Item 6 of the Schedule extends workers’ compensation coverage to persons rendering assistance to the AFP in certain circumstances. Such persons will only be covered by the declaration in two circumstances. Firstly, coverage will be provided if they render assistance at the request or direction of an AFP employee, special member or special protective service officer. Persons will also be covered when they have rendered assistance in the honest and reasonable belief that the employee, member or officer requires assistance, and there is actual or imminent danger of injury to a person or damage to property, and their assistance is necessary to protect life or property. A similar class of persons was declared under section 5(6) on 28 November 1988. The 1988 declaration provides coverage only to persons rendering assistance to a member or special member of the AFP. This instrument seeks to update the 1988 declaration to provide coverage for persons assisting the broader category of ‘AFP employees’, as well as special members and special protective service officers.
The declaration was requested by Senator the Hon Chris Ellison, Minister for Justice and Customs and consultation was undertaken with the Australian Federal Police as the affected body. Further consultation was unnecessary as no other body is affected by the declaration. An exemption from the preparation of a Regulation Impact Statement was granted by the Office of Regulation Review.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 by virtue of being a disallowable instrument under section 121 of the Safety, Rehabilitation and Compensation Act 1988.
This declaration is expressed to commence on registration.