Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2007 (1)

Overview

The Safety, Rehabilitation and Compensation Act 1988, enacted to provide workers' compensation coverage for Commonwealth employees, authorities, and licensed corporations, was extended by the legislative instrument F2007L01291 to cover volunteers assisting the APEC 2007 Taskforce. This legislative instrument, introduced by the Minister for Employment and Workplace Relations, aims to ensure that volunteers who perform acts at the request of the Commonwealth are provided with workers’ compensation coverage. The policy objective is to recognise the public benefit conferred by such volunteers and to extend the protection of the Act to those who assist the Commonwealth during significant events like APEC Leaders Week. The instrument was declared effective from 25 August 2007 to 10 September 2007, and it was deemed unnecessary to undertake further consultation beyond the APEC 2007 Taskforce as no other bodies were affected by the declaration.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 applies to employees of the Commonwealth, Commonwealth authorities, and licensed corporations, providing them with workers' compensation coverage. The Act’s scope is extended through specific declarations by the Minister for Employment and Workplace Relations, which can include persons who engage in activities or perform acts at the request or direction of the Commonwealth, thereby being taken to be employed by the Commonwealth for the purposes of the Act. The explanatory statement outlines a particular declaration made under the Act to extend coverage to volunteers assisting the APEC 2007 Taskforce from 25 August 2007 to 10 September 2007. This declaration ensures that volunteers providing services at the request of the Commonwealth, which confer a public benefit, are included within the Act’s coverage. The declaration was specifically requested to cover the period of the APEC Leaders Week functions, and consultation with the APEC 2007 Taskforce was deemed sufficient as no other bodies were affected. This legislative instrument, governed by the Legislative Instruments Act 2003, does not require a Regulation Impact Statement as per the guidelines issued by the Office of Best Practice Regulation.

Key Provisions

The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides a framework for workers’ compensation coverage for employees of the Commonwealth, Commonwealth authorities and licensed corporations. Section 5(6) (subparagraph 5(6)(a)(i)) of the Act allows the Minister to declare that individuals engaging in specific activities or performing acts at the request or direction of the Commonwealth, for its benefit, or under a law, are considered employed by the Commonwealth for the purposes of the Act. This legislative instrument aims to extend workers’ compensation coverage to volunteers assisting the APEC 2007 Taskforce from 25 August 2007 to 10 September 2007. These volunteers provide services at the request of the Commonwealth, thereby conferring public benefit, and it is deemed appropriate that they be covered under the Act. The Act imposes certain obligations on the parties it governs, including the Commonwealth, authorities, and licensed corporations, to provide workers’ compensation coverage to employees as defined. In this instance, the Minister for Employment and Workplace Relations has the authority to declare that certain individuals, such as volunteers assisting the APEC 2007 Taskforce, are considered employees under the Act. This declaration ensures that these volunteers are entitled to the benefits of the workers’ compensation scheme during their period of service. The Minister’s declaration is a formal recognition of the role these individuals play in supporting Commonwealth activities, thereby ensuring they receive the necessary protections and benefits as if they were formally employed. Any breach of the obligations imposed by the Act may lead to various civil or criminal consequences. While the explanatory statement does not detail specific penalties, breaches of workers’ compensation laws can typically result in penalties under the relevant legislation. For instance, employers found to be in non-compliance with workers’ compensation requirements could face fines, legal action, or other penalties as stipulated by the Act or related regulations. Additionally, failure to provide the necessary compensation to an employee or volunteer injured in the course of their duties could result in serious legal repercussions for the Commonwealth or the governing body. It is essential that all parties adhere to the provisions set out in the Act to avoid these potential consequences.