Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2011 (1)

Overview

The Safety, Rehabilitation and Compensation Act 1988 was enacted by the Commonwealth Parliament to provide workers’ compensation coverage for employees of the Commonwealth, Commonwealth authorities and licensed corporations. This Act aims to ensure that individuals performing services at the request or direction of the Commonwealth are adequately protected under workers' compensation arrangements. In 2011, an amendment was introduced to expand the definition of "employee" to include approximately 500 volunteer persons assisting with the Commonwealth Heads of Government Meeting (CHOGM) 2011 in Perth. This amendment was made under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to provide necessary workers' compensation coverage for volunteers involved in the preparation and running of CHOGM-related activities, thereby ensuring they are protected while performing services that confer a public benefit. The declaration was made following consultation with the CHOGM 2011 Taskforce and an exemption from the requirement to prepare a Regulation Impact Statement.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 applies to employees of the Commonwealth, Commonwealth authorities, and licensed corporations, providing workers' compensation coverage for these individuals. The Act defines "employee" under section 5, including through subparagraph 5(6)(a)(i), where the Minister can declare that persons performing activities at the request or direction of the Commonwealth are considered employees for the purposes of the Act. This legislative instrument extends the definition to include approximately 500 volunteers assisting with the Commonwealth Heads of Government Meeting (CHOGM) 2011 in Perth, under the supervision of the CHOGM 2011 Taskforce. These volunteers will receive workers' compensation coverage for duties related to event preparations, transport, and general assistance to CHOGM delegates. The declaration was made to ensure appropriate coverage for these volunteers, who provide services at the request of the Commonwealth, thereby conferring a public benefit. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and will be effective from the date it is added to the Federal Register of Legislative Instruments up until 30 November 2011.

Key Provisions

The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides critical workers' compensation coverage for employees of the Commonwealth, Commonwealth authorities and licensed corporations, and section 5 specifically defines who qualifies as an “employee.” The key provision here, under subparagraph 5(6)(a)(i), allows the Minister to declare that certain individuals performing activities or acts at the Commonwealth's request or direction are considered employees for the Act’s purposes. This legislative instrument, F2011L01823, is designed to extend this coverage to approximately 500 volunteer persons assisting in the preparation and running of activities related to the Commonwealth Heads of Government Meeting (CHOGM) 2011 in Perth. These volunteers, under the supervision of the CHOGM 2011 Taskforce, will be covered for duties connected to event preparations, transport, and general assistance for CHOGM delegates. The Act imposes specific obligations on the parties it governs, particularly the Minister for Tertiary Education, Skills, Jobs and Workplace Relations. This role involves making a declaration that volunteers assisting the CHOGM 2011 Taskforce are considered employees for the duration of the event, thus ensuring they receive workers' compensation coverage. This declaration is necessary to confer the benefits of the Act to those who, although volunteers, perform services that confer a public benefit. Additionally, the Act requires consultation with the relevant taskforce, which in this case is the CHOGM 2011 Taskforce, to ensure that the declaration is appropriate and necessary. There are significant consequences for breaches of the Act. While specific offences and penalties are not detailed in this explanatory statement, the Act generally provides for both civil and criminal penalties for non-compliance. These penalties can include fines and imprisonment, depending on the severity and nature of the breach. The maximum penalties are stipulated within the Act itself and can vary widely based on the specific provisions violated. For instance, failing to provide adequate workers' compensation coverage could result in substantial fines for the responsible parties, while more egregious breaches might lead to criminal charges and imprisonment.