EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Tertiary Education, Skills, Jobs 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 of the Act defines who is an ‘employee’. Under subsection 5(6) of that definition, the Minister may 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 provides workers’ compensation coverage for persons who, under the control or direction of a Commonwealth officer, assist in the promotion of the House of Representatives and the Parliament without receiving any remuneration (other than payment of expenses incurred).
The House of Representatives is one of the two houses of the Australian Federal Parliament that is administered within the Department of the House of Representatives.
The role of the volunteer is to provide assistance in conducting tours and providing visitors with both past and current information about the House of Representatives and the Parliament to the community.
It is appropriate that volunteers assisting the Department of the House of Representatives be covered by the Act as employees.
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 for this declaration.
This notice is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will take effect from the day after it is registered on the Federal Register of Legislative Instruments.