Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1)

Overview

The Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009, as amended, was introduced under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988. This legislative instrument aims to clarify the definition of an employee for the purposes of the Act, particularly concerning individuals who engage in activities at the direction or benefit of the Commonwealth. The Notice was enacted by the relevant authority in response to the need for a precise and comprehensive definition of employment within the scope of the Act, ensuring that those involved in critical services such as emergency response are appropriately recognised and protected. The Notice was made to ensure that individuals such as members of emergency response teams, who operate at the direction of Emergency Management Australia, are deemed to be employees of the Commonwealth for the purposes of the Act. The Notice came into effect following its registration on the Federal Register of Legislative Instruments and has been subject to amendments to keep its provisions current and relevant. The most recent amendment, the Safety, Rehabilitation and Compensation (Definition of Employee) Amendment Notice 2013, was registered on 2 January 2014 and commenced on 3 January 2014, reflecting adjustments to the classes of persons and acts specified in the original Notice. This ongoing legislative activity underscores the importance of maintaining clarity and precision in the definition of employment to effectively support and compensate those who serve the Commonwealth in various capacities.

Scope and Application

The Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009, as amended, is a legislative instrument that operates under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988. This Notice specifically defines certain classes of persons as employees for the purposes of the Act, thereby extending the scope of the Act's provisions to include these individuals. The Notice applies to members of emergency response teams who have been appointed under the authority of the Attorney-General or the Minister for Justice and are operating at the direction of Emergency Management Australia, a division of the Attorney General's Department. The employment of these persons is deemed to be constituted by their performance of acts or activities in connection with a response to emergencies and their aftermath, both within Australia and overseas, including training activities, where the assistance of the Australian Government has been requested. This Notice has a national reach, applying across all states and territories of Australia and wherever the specified acts are performed. The Notice is subject to amendment through subordinate instruments, with the 2013 Amendment Notice modifying certain provisions, such as the inclusion of new classes of persons or activities. The Notice commenced on 13 August 2009 and was later amended to commence on 3 January 2014, reflecting updates to the scope of its application.

Key Provisions

The Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1), as amended, declares certain classes of persons to be deemed employees of the Commonwealth for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) (section 3). Specifically, members of emergency response teams appointed under the authority of the Attorney-General or the Minister for Justice, who operate at the direction of Emergency Management Australia, are considered employees of the Commonwealth when they engage in activities or perform acts specified in the Schedule at the request or direction of the Commonwealth, or for its benefit. The employment is constituted by the performance of these acts or activities, which include emergency responses and related activities both within Australia and overseas, including training (Schedule). The Notice imposes obligations on the Commonwealth to recognise these individuals as employees for the purposes of the SRC Act, which includes providing them with safety, rehabilitation, and compensation benefits. The Commonwealth must also ensure these individuals are covered under the relevant provisions of the Act, which may include providing appropriate training, equipment, and support during their operations. Furthermore, the Commonwealth is responsible for ensuring that these employees are aware of their rights and obligations under the Act and that they are provided with necessary information regarding the benefits to which they are entitled. Failure to comply with the requirements of the Notice can result in significant consequences. While the Notice itself does not specify particular offences, penalties, or consequences for breaches, any failure by the Commonwealth to adhere to the obligations it imposes under the SRC Act could lead to legal challenges or disputes regarding the status and entitlements of these emergency response team members. Additionally, if these individuals are not properly recognised and provided for as employees, they could potentially face difficulties in claiming benefits or support in the event of injury or other adverse circumstances arising from their duties. The SRC Act itself may impose penalties or consequences for non-compliance, but these would be applied in the context of the broader Act rather than the Notice itself.