Safety, Rehabilitation and Compensation (Licence Eligibility— Wilson Parking Australia 1992 Pty Ltd) Declaration 2022

Overview

The Safety, Rehabilitation and Compensation (Licence Eligibility—Wilson Parking Australia 1992 Pty Ltd) Declaration 2022 is a legislative instrument enacted to address the gap in the application of the Safety, Rehabilitation and Compensation Act 1988 to certain employees. This instrument was made under section 100 of the Act, declaring Wilson Parking Australia 1992 Pty Ltd eligible for a licence under Part VIII of the Act, thereby extending the Act's provisions to its employees. This legislative measure aims to ensure that all relevant employees are covered under the safety, rehabilitation, and compensation provisions, thereby aligning the corporation's operations with the legislative framework designed to protect workers' rights and safety. The Declaration was prepared by the Department of Employment and Workplace Relations and was made to facilitate the extension of the Act’s protections to employees of Wilson Parking, a corporation that competes with a Commonwealth authority or another formerly Commonwealth authority. This ensures that all employees, regardless of the competitive nature of their employer, are afforded the same protections and rights under the Act. The Declaration is set to be repealed 36 months after its commencement, reflecting its temporary and specific nature aimed at filling a particular legislative gap.

Scope and Application

The Safety, Rehabilitation and Compensation (Licence Eligibility—Wilson Parking Australia 1992 Pty Ltd) Declaration 2022 applies to Wilson Parking Australia 1992 Pty Ltd, a corporation carrying on business in competition with a Commonwealth authority or another corporation that was formerly a Commonwealth authority. This instrument is made under section 100 of the Safety, Rehabilitation and Compensation Act 1988, and it declares that Wilson Parking is eligible to be granted a licence under Part VIII of the Act. This eligibility is contingent upon the corporation being involved in activities that bring it into competition with Commonwealth authorities or entities that were formerly such authorities. The geographic or jurisdictional reach of this declaration is federal, as it pertains to a corporation that operates in competition with Commonwealth authorities, which are entities established under federal law. The declaration will cease to have effect three years after its commencement date, on 4 April 2025, unless otherwise modified by another law or repealed. Any uncommenced amendments affecting the law are accessible on the Legislation Register, but they do not affect the text of the compiled law unless specifically noted in the endnotes.

Key Provisions

The Safety, Rehabilitation and Compensation (Licence Eligibility—Wilson Parking Australia 1992 Pty Ltd) Declaration 2022 (sections 1 to 6) declares that Wilson Parking Australia 1992 Pty Ltd is eligible to be granted a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988. This declaration is based on the authority granted under section 100 of the Act and follows a determination that it is desirable for the Act to apply to the employees of Wilson Parking. The declaration takes effect on 5 April 2022 and will remain in force for 36 months, after which it will be repealed (section 6). Entities governed by this legislation, particularly Wilson Parking Australia 1992 Pty Ltd, must ensure compliance with the Safety, Rehabilitation and Compensation Act 1988. This involves fulfilling the conditions set forth in the declaration to maintain eligibility for a licence under Part VIII of the Act. Specifically, Wilson Parking must operate in compliance with the provisions of the Act as if it were a licensed entity, ensuring that its business activities and employee relations align with the standards and requirements of the Act. This includes adhering to safety regulations, providing rehabilitation services, and maintaining compensation schemes for employees, as stipulated under the Act. Failure to comply with the provisions of the Safety, Rehabilitation and Compensation Act 1988 can result in various penalties and consequences. While the specific offences and penalties are detailed in the Act itself, non-compliance can generally lead to fines, legal action, and potential revocation of the licence. The maximum penalties can vary depending on the severity and nature of the breach but may include substantial financial penalties, imprisonment for individuals involved in the breach, and other civil or criminal sanctions as deemed appropriate by the relevant authorities. The exact penalties and consequences would be determined based on the specific circumstances and the provisions of the Act that are breached.