EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Subsection 5(6) ‘Employees’
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme.
Section 5 defines who is an “employee” for the purposes of the SRC Act. Under subsection 5(6) of that definition, the Minister may declare that persons, being persons who engage in activities or perform acts:
(a) at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or
(b) at the request or direction, or for the benefit, of a Commonwealth authority or a licensed corporation;
are taken to be employed by the Commonwealth, or by that authority or corporation for the purposes of the Act.
By virtue of a Notice published in Gazette S365 (30 November 1988), persons receiving treatment or training provided or arranged by the Secretary to the Department of Community Services and Health under Part III of the Disability Services Act 1986 (DS Act) were declared to be ‘Commonwealth employees’ for the purposes of the SRC Act while in the course of receiving the treatment or training.
The vocational rehabilitation services referred to under the DS Act are currently provided solely by CRS Australia, a Commonwealth agency. However, the Australian Government has recently agreed to introduce contestability of vocational rehabilitation services commencing from 1 July 2007. The original intent of the Safety, Rehabilitation and Compensation Act is to provide workers' compensation coverage for employees of Commonwealth entities and licensed corporations. It would be inappropriate for the clients (job seekers) of the new private providers to be covered under the Act.
Thus, from 1 July 2007, clients of both CRS Australia and the new private providers will be covered under accident insurance policies similar to those taken out by employment service providers.
Following the commencement of the Legislative Instruments Act 2003 (LI Act), there is a requirement for all pre 2000 legislative instruments to be backcaptured or remade and placed on the Federal Register of Legislative Instruments by 31 December 2007, or they will cease to have effect.
Since there is now a need to amend one of the items in the legislative instrument published on 30 November 1988, it has been decided to remake the original instrument. This instrument remakes the part of the 1988 instrument that deals with extending coverage of the SRC Act to ‘volunteers’. Apart from the non inclusion of the reference to the DS Act, there is no change in policy.
The Department has consulted with CRS Australia regarding this change. Wider consultation was not undertaken as CRS Australia is the only body affected by the declaration.
An assessment was made under the new guidelines issued by the Office of Best Practice Regulation, which indicated that a Regulation Impact Statement was not required for this declaration.
This Notice is a legislative instrument for the purposes of the LI Act and takes effect from 1 July 2007.
Overview
The Safety, Rehabilitation and Compensation Amendment (Commonwealth Employees) Instrument 2007 (F2007L01982) amends the Safety, Rehabilitation and Compensation Act 1988 to address the gap in workers' compensation coverage for Commonwealth employees, particularly in light of the introduction of contestability in vocational rehabilitation services from 1 July 2007. The Act, enacted by the Commonwealth Parliament, aims to provide a comprehensive scheme for the compensation and rehabilitation of employees injured in the course of their employment. The explanatory statement issued by the Minister for Employment and Workplace Relations clarifies that the amendment specifically targets the coverage of individuals receiving treatment or training under the Disability Services Act 1986, ensuring that the new private providers' clients are not covered under the Act but instead under accident insurance policies. This legislative instrument is a necessary step to comply with the Legislative Instruments Act 2003, which mandates the updating and registration of pre-2000 legislative instruments.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to employees of Commonwealth entities and licensed corporations, providing a workers' compensation and rehabilitation scheme. Specifically, subsection 5(6) of the Act allows the Minister to declare certain persons as Commonwealth employees for the purposes of the Act, including those who engage in activities at the request or direction of the Commonwealth or a Commonwealth authority or licensed corporation. The Act's reach is national, covering all Commonwealth employees across Australia. However, the explanatory statement clarifies that from 1 July 2007, clients of vocational rehabilitation services, whether provided by CRS Australia or private providers, will no longer be covered under the Act but instead under accident insurance policies. This change aligns with the Act's original intent and ensures that the scheme remains appropriate for Commonwealth employees. The legislative instrument remakes the original declaration regarding volunteers but excludes references to the Disability Services Act 1986. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and takes effect from 1 July 2007.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) provides the framework for workers' compensation and rehabilitation for Commonwealth employees, as well as employees of Commonwealth authorities and licensed corporations. Section 5(6) of the SRC Act allows the Minister for Employment and Workplace Relations to declare that certain individuals, such as those engaged in activities or performing acts for the Commonwealth or its authorities, are considered employees under the Act. This is to ensure that they are eligible for workers' compensation coverage in the event of an accident or injury occurring during the course of their work. Under the original legislative instrument, individuals receiving treatment or training provided or arranged by the Secretary to the Department of Community Services and Health under the Disability Services Act 1986 were declared to be ‘Commonwealth employees’ for the purposes of the SRC Act.
The obligations and requirements imposed by the SRC Act on the parties it governs include the provision of appropriate workers' compensation coverage for eligible employees. This means that the Commonwealth, as well as Commonwealth authorities and licensed corporations, are responsible for ensuring that their employees are covered by a workers' compensation scheme in the event of an injury or illness sustained during the course of their employment. Furthermore, the Act also places the responsibility on employers to report any workplace incidents or injuries to the relevant authorities and to provide necessary assistance and support to affected employees, including access to rehabilitation services.
There are no specific offences, penalties, or consequences outlined in the provided text. However, the SRC Act does establish a framework for workers' compensation and rehabilitation, which implies that non-compliance with the Act's requirements, such as failure to provide adequate coverage or assistance to injured employees, could potentially lead to legal consequences. In such cases, the severity of the consequences would depend on the specific circumstances and the provisions of the SRC Act. It is essential for employers and employees to be aware of their rights and responsibilities under the Act to ensure proper adherence to its requirements.