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 declaration seeks to provide workers’ compensation coverage for persons, other than Australian Government employees, who are members of the wildfire expert response team travelling to Greece to provide assistance in response to the wildfires that burnt throughout Greece from August 2007. Emergency Management Australia will deploy the team to provide assistance under the authority of the Attorney-General in consultation with the Prime Minister. The team includes personnel from the Australian and State and Territory governments including fire authorities, and other individuals.
Coverage would apply to acts performed by this team in connection with providing follow up response to the wildfires pursuant to arrangements made between the Attorney-General, the Prime Minister, Emergency Management Australia and the Greek Government.
It is appropriate that the teams have workers’ compensation coverage for activities undertaken to assist in the response to the wildfires as the operation is at the direction of the Attorney General and for the benefit of the Commonwealth.
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.
Consultation has been undertaken with the Attorney-General’s Department, Emergency Management Australia, and Comcare. Relevant State and Territory governments have also been consulted concerning release of staff. An assessment was made under new guidelines issued by the Office of Best Practice Regulation, which indicated that a Regulation Impact Statement was not required as the declaration is not likely to have a direct, or substantial indirect, effect on business or restrict competition. It is a matter of urgency that assistance be provided in response to the wildfires that spread through Greece and that workers’ compensation arrangements for those providing assistance are in place as soon as possible.
This notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The declaration will take effect on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Safety, Rehabilitation and Compensation Act 1988 was enacted to provide a framework for workers' compensation coverage for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. The 1988 Act was introduced to address the need for a comprehensive system to protect workers who suffer injuries or illnesses related to their employment. This Act was enacted by the Parliament of Australia, aiming to ensure that workers receive appropriate compensation and rehabilitation services. The explanatory statement for the legislative instrument F2007L03807 clarifies that the Act can be extended to include persons who engage in activities for the benefit of the Commonwealth, such as the wildfire expert response team deployed to Greece in 2007. This extension ensures that such personnel are covered under workers’ compensation when performing acts related to the wildfire response, emphasising the importance of timely and adequate coverage for those assisting in national emergencies.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 extends workers' compensation coverage to employees of the Commonwealth, Commonwealth authorities, and licensed corporations. Specifically, the Act applies to individuals who engage in activities or perform acts at the request or direction of the Commonwealth, or for its benefit, as defined under section 5. The explanatory statement clarifies that the Minister for Employment and Workplace Relations has the authority to declare that certain persons are deemed to be employed by the Commonwealth for the purposes of the Act. This provision was enacted to provide workers' compensation coverage for members of the wildfire expert response team deployed to Greece to assist with wildfire response, encompassing personnel from Australian and State and Territory governments, including fire authorities, and other individuals. The declaration ensures these individuals receive workers' compensation for acts performed in connection with the wildfire response, which is coordinated by the Attorney-General, the Prime Minister, Emergency Management Australia, and the Greek Government. The declaration takes effect the day after its registration on the Federal Register of Legislative Instruments and has been deemed to not require a Regulation Impact Statement due to its limited effect on business or competition.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (the Act) outlines the coverage for workers’ compensation for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. Section 5(6)(a)(i) of the Act specifies that the Minister can declare certain persons to be considered employees of the Commonwealth for the purposes of the Act. This provision aims to extend workers’ compensation coverage to individuals who engage in activities or perform acts at the request or direction of the Commonwealth, even if they are not Australian Government employees. For example, members of the wildfire expert response team travelling to Greece to assist in the aftermath of the 2007 wildfires will be covered under this declaration.
The Act imposes several obligations and requirements on the parties it governs. Primarily, it mandates that the Minister for Employment and Workplace Relations declares individuals who are to be considered employees of the Commonwealth for the purposes of the Act. This declaration ensures that such individuals, including members of the wildfire expert response team, are provided with workers’ compensation coverage for acts performed in connection with their duties. Additionally, the Act requires consultation with relevant departments and stakeholders, such as the Attorney-General’s Department, Emergency Management Australia, and Comcare, to ensure that the declaration is made in accordance with the necessary guidelines and protocols. Furthermore, an assessment under the guidelines issued by the Office of Best Practice Regulation must be conducted to determine whether a Regulation Impact Statement is required.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breaches of the Act's provisions in relation to this specific declaration. However, it is important to note that any failure to comply with the Act's requirements or any misuse of the workers’ compensation coverage could potentially lead to legal repercussions under the broader provisions of the Act. While the explanatory statement does not specify maximum penalties, general provisions of the Act and related regulations could apply in cases of non-compliance, which might include fines or other civil penalties.