EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment
Safety, Rehabilitation and Compensation Act 1988
Paragraph 4(14)(a)
Safety, Rehabilitation and Compensation (Principal Officer of the ACT)
Declaration 2016
The Safety, Rehabilitation and Compensation Act 1988 (‘the SRC Act’) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
Principal officer of the ACT
The Australian Capital Territory (‘ACT’) has been declared a ‘Commonwealth authority’ under section 4A(1) of the SRC Act: see item 1 of the Safety, Rehabilitation and Compensation Act 1988 – Notice of Declaration – Notice No. ACT1 of 1994 (F2009B00133) (‘the 1994 Notice’).
Paragraph 4(14)(a) of the SRC Act allows the Minister, at the written request of the Chief Minister of the ACT, to declare that a specified person is taken to be the principal officer of the ACT.
In this instrument, and at the written request of Mr Andrew Barr MLA, Chief Minister of the ACT, the Minister declares that the person engaged as the Head of Service under section 23C of the Public Sector Management Act 1994 (ACT) (‘Head of Service’) is to be taken to be the principal officer of the ACT.
The principal officer of the ACT was previously declared by the 1994 Notice to be the Commissioner for Public Administration. This instrument also repeals that item of the 1994 Notice so that the Commissioner for Public Administration is no longer the principal officer of the ACT.
This change is to reflect the changing roles within the ACT Government. Some functions of the Commissioner for Public Administration, including those relating to the SRC Act, will be transferred to the Head of Service from 1 July 2016.
Role of the Principal Officer
The principal officer of the ACT is the rehabilitation authority for injured employees of the ACT under the SRC Act. The principal officer of the ACT is also responsible for the ACT’s premium and regulatory rights and obligations under the SRC Act. This includes complying with directions about premiums and providing certain information and documentation to Comcare. The principal officer serves as a primary point of contact with Comcare.
Legislative instrument
This instrument is a legislative instrument for the purposes of the Legislation Act 2003.
Consultation was undertaken with the ACT Government, as this instrument was made at the written request of the Chief Minister of the ACT. The ACT Government has consulted with staff, departments and unions since 2014 as part of introducing a suite of changes to modernise the Public Sector Management Act 1994 (ACT)
The Office of Best Practice Regulation has confirmed that a regulation impact statement is not required. (OBPR ID No. 20796)
This instrument commences on 1 July 2016.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Safety, Rehabilitation and Compensation (Principal Officer of the ACT) Declaration 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 SRC Act’) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
In this instrument, the Minister declares that the person engaged as the Head of Service under section 23C of the Public Sector Management Act 1994 (ACT) (‘Head of Service’) is to be taken to be the principal officer of the Australian Capital Territory (ACT) for the purposes of the SRC Act.
The principal officer of the ACT is the rehabilitation authority for injured employees of the ACT under the SRC Act. The principal officer is also responsible for the ACT’s premium and regulatory rights and obligations under the SRC Act. This includes complying with directions about premiums and providing certain information to Comcare. The principal officer serves as a primary point of contact with Comcare.
The change in the principal officer of the ACT from the Commissioner for Public Administration to the Head of Service is to reflect the changing roles within the ACT Government. Some functions of the Commissioner for Public Administration, including those relating to the SRC Act, will be transferred to the Head of Service from 1 July 2016.
Human rights implications
This instrument is machinery in nature only and does not engage any of the applicable rights or freedoms. The SRC Act operates to ensure that there will always be a principal officer of the ACT. Either the Minister can declare that a specified person is taken to be the principal officer, or the SRC Act operates to make the Chief Minister of the ACT the principal officer of the ACT.
This instrument declares the Head of Service to be the principal officer of the ACT to reflect the new functions of the Head of Service within the ACT Government.
Conclusion
This instrument is compatible with human rights because it does not raise any human rights issues.
Senator the Hon Michaelia Cash
Minister for Employment