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.
Overview
The Safety, Rehabilitation and Compensation Act 1988 (the Act) was enacted to provide workers' compensation coverage for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. The Act's purpose is to ensure that workers who suffer injuries or illnesses due to their employment are provided with appropriate support and compensation. This legislative instrument, F2006L02341, was introduced to address gaps in workers' compensation coverage by extending such coverage to various classes of persons who assist in the operation of the Australian Federal Police (AFP) in multiple capacities. The instrument was enacted by the Minister for Employment and Workplace Relations under the authority granted by the Act. The policy objective of this instrument is to ensure that persons providing services at the request of the Commonwealth, which confer a public benefit, are appropriately covered under workers' compensation arrangements.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 (the Act) aims to provide workers' compensation for employees of the Commonwealth, Commonwealth authorities, and licensed corporations, with specific provisions extending coverage to certain categories of persons assisting the Australian Federal Police (AFP). Under the Act, the Minister for Employment and Workplace Relations has the authority to declare that persons engaging in activities at the request or direction of the Commonwealth are considered employees for the purposes of the Act. This legislative instrument extends workers' compensation coverage to volunteers and others assisting the AFP, including those participating in programs such as Volunteers in Policing, crime prevention, community outreach, and various support roles. It also updates the coverage to reflect the merger of the Australian Protective Services into the AFP, ensuring that those involved in training exercises are adequately protected. Special members and special protective service officers, although not classified as AFP employees, are also included within the Act’s coverage to maintain parity with their regular counterparts. The declaration ensures these individuals receive workers' compensation when they assist AFP employees, members, or officers under specific conditions, such as when there is a genuine need for assistance and potential danger is present. This legislative instrument, a disallowable instrument under the Safety, Rehabilitation and Compensation Act 1988, was made following consultation with the Australian Federal Police and commences upon registration.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (the Act) primarily aims to provide workers' compensation coverage for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. The operative sections of the Act define who is considered an "employee" for the purposes of the Act and outline the coverage provisions. Specifically, Section 5(6) of the Act allows the Minister to declare that certain persons, who engage in activities or perform acts at the request or direction of the Commonwealth, are considered employed by the Commonwealth and thus covered under the Act. This legislative instrument seeks to extend workers’ compensation coverage to persons who assist in the operation of the Australian Federal Police (AFP) in various capacities, including volunteers in policing programs, participants in crime prevention and community outreach activities, and those involved in training exercises for the International Deployment Group.
The obligations imposed by the Act on the parties it governs are primarily related to ensuring that persons performing specific activities at the request or direction of the Commonwealth, or those acting in support of AFP employees, special members, or special protective service officers, are covered under workers' compensation provisions. This includes extending coverage to volunteers in policing programs, participants in community outreach activities, and those involved in training exercises for the International Deployment Group. Additionally, the Act ensures that special members and special protective service officers, who work alongside AFP employees but are not classified as AFP employees, are covered under the same workers’ compensation arrangements as their colleagues.
The Act imposes civil and criminal consequences for breaches of its provisions, although specific penalties are not detailed in the explanatory statement. Generally, breaches of workers' compensation laws can result in penalties including fines and imprisonment, depending on the severity and nature of the breach. For instance, under the general provisions of workers' compensation legislation, penalties can include substantial fines and, in some cases, imprisonment for wilful or negligent breaches that result in harm to employees. The specific penalties for breaches under this Act would align with these general principles, ensuring that those who fail to comply with the Act’s provisions are held accountable for any resulting harm or non-compliance.