EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment
Safety, Rehabilitation and Compensation Act 1988
Subparagraph 5(2)(c)(ii)
Safety, Rehabilitation and Compensation (Definition of Employee – Office of Chief Magistrate of the Court of Petty Sessions of Norfolk Island) Notice 2016
The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides workers’ compensation coverage for employees of the Commonwealth, Commonwealth authorities and private corporations who are licenced to self-insure under the Act.
Section 5 defines ‘employee’ for the purposes of the Act. Paragraph 5(1)(a) defines an employee as a person who is employed by the Commonwealth. Under subparagraph 5(2)(c)(ii), a person who is the holder of an office established by a law of a Territory and which is declared by the Minister to be an office to which this Act applies is taken to be employed by the Commonwealth.
In this notice, the Minister has declared that the office of Chief Magistrate of the Court of Petty Sessions of Norfolk Island (Chief Magistrate), established under the Norfolk Island Court of Petty Sessions Act 1960, is an office established by a law of a Territory to which the Act applies. This has the effect that a person holding or acting in the office of Chief Magistrate will be taken to be employed by the Commonwealth, and is thus an ‘employee’ under paragraph 5(1)(a). The Act entitles ‘employees’ to compensation and other benefits if they suffer an injury at work which results in death, incapacity for work or permanent impairment.
This declaration has been made following consultation with the Attorney-General’s Department (AGD) and the Department of Infrastructure and Regional Development. The Department of Infrastructure and Regional Development also consulted with the current Chief Magistrate.
The Office of Best Practice Regulation was consulted regarding this declaration and indicated that no Regulatory Impact Statement was required.
This notice is a legislative instrument for the purposes of the Legislation Act 2003.
The instrument will take effect from the day after it is registered on the Federal Register of Legislation.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Safety, Rehabilitation and Compensation (Definition of Employee - Office of Chief Magistrate of the Court of Petty Sessions of Norfolk Island) Notice 2016
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Safety, Rehabilitation and Compensation Act 1988 (the Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
The Act provides that holders of an office established by a Territory and declared by legislative instrument to be an office to which this Act applies are taken to be employees of the Commonwealth. This means they are employees covered by the Act and thus entitled to compensation and other benefits if they suffer an injury at work which results in death, incapacity for work or permanent impairment.
In this notice, the office of Chief Magistrate of the Court of Petty Sessions of Norfolk Island is declared to be an office to which this Act applies.
Human Rights Implications
Article 9 of the International Covenant on Economic, Social and Cultural Rights provides for the right of everyone to social security, including social insurance. General Comment 19 by the Committee on Economic, Social and Cultural Rights elaborates on Article 9, stating that ‘States parties should … ensure the protection of workers who are injured in the course of employment or other productive work’.[1]
The Act provides support for employees who have been injured at work by way of weekly compensation payments, payment of medical expenses, permanent impairment benefits as well as other benefits. This declaration positively engages the right to social security by extending the coverage of the Act (and therefore access to workers’ compensation) to the Chief Magistrate of the Court of Petty Sessions of Norfolk Island who would not otherwise be covered by the Act.
Conclusion
The legislative instrument is compatible with human rights because it advances the protection of human rights by extending coverage of the Act, and therefore workers’ compensation coverage, to the Chief Magistrate of the Court of Petty Sessions of Norfolk Island.
Senator the Hon. Michaelia Cash
Minister for Employment
[1] Committee on Economic, Social and Cultural Rights, General Comment 19: The Right to Social Security (art. 9), 39th Session, U.N. Doc E/C.12/GC/19 (4 February 2008, adopted 23 November 2007), [17].