Safety, Rehabilitation and Compensation (Principal Officer of the ACT) Declaration 2016

Administered by Department of Employment and Workplace Relations

Legislation au F2016L00573 In force Legislative Instrument

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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

 

Overview

The Safety, Rehabilitation and Compensation (Principal Officer of the ACT) Declaration 2016 was introduced to address the need for a new principal officer of the Australian Capital Territory (ACT) under the Safety, Rehabilitation and Compensation Act 1988. This Act establishes the Commonwealth workers' compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities, and licensed corporations. The 2016 Declaration was enacted by the Minister for Employment at the written request of the Chief Minister of the ACT, Mr Andrew Barr MLA. The change was necessary to reflect evolving roles within the ACT Government, with the Head of Service under the Public Sector Management Act 1994 (ACT) replacing the Commissioner for Public Administration as the principal officer of the ACT from 1 July 2016. The new principal officer is responsible for the ACT's rehabilitation and premium obligations under the SRC Act, serving as the primary point of contact with Comcare. This legislative instrument does not raise any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

The Safety, Rehabilitation and Compensation (Principal Officer of the ACT) Declaration 2016, pursuant to the Safety, Rehabilitation and Compensation Act 1988, designates the Head of Service under the Public Sector Management Act 1994 (ACT) as the principal officer of the Australian Capital Territory (ACT) for the purposes of the SRC Act. This designation is in response to the evolving structure of the ACT Government, where certain functions, including those related to workers' compensation and rehabilitation, have been transferred from the Commissioner for Public Administration to the Head of Service effective 1 July 2016. The principal officer is responsible for the rehabilitation of injured employees within the ACT and manages the ACT's premium and regulatory obligations under the SRC Act, including compliance with directions about premiums and the provision of necessary information and documentation to Comcare. This legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms and is consistent with the SRC Act's requirement for the existence of a principal officer.

Key Provisions

The Safety, Rehabilitation and Compensation (Principal Officer of the ACT) Declaration 2016 (F2016L00573) primarily declares that the person engaged as the Head of Service under section 23C of the Public Sector Management Act 1994 (ACT) is to be recognised as the principal officer of the Australian Capital Territory (ACT) for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). This declaration, as noted in paragraph 4(14)(a) of the SRC Act, is made at the written request of the Chief Minister of the ACT, Mr Andrew Barr MLA. The role of the principal officer involves being the rehabilitation authority for injured employees of the ACT under the SRC Act, and it includes responsibility for the ACT’s premium and regulatory rights and obligations under the same Act. This includes complying with directions about premiums and providing necessary information and documentation to Comcare. The principal officer also serves as a primary point of contact with Comcare. Under this declaration, the Head of Service, as the principal officer of the ACT, has specific obligations and responsibilities under the SRC Act. These include ensuring the rehabilitation of injured employees, managing premium-related obligations, and maintaining communication with Comcare. The principal officer must comply with any directions issued by Comcare regarding premiums and must provide Comcare with the necessary information and documentation required under the SRC Act. This role entails being the primary contact for matters related to workers’ compensation and rehabilitation for employees of the ACT. Breaching the obligations and requirements set out under the SRC Act can result in various consequences. While the specific penalties for non-compliance are not detailed in this declaration, the SRC Act generally provides for both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties could lead to imprisonment, depending on the nature and severity of the breach. The SRC Act empowers Comcare to take enforcement action against entities or individuals who fail to comply with its provisions. However, the exact penalties and enforcement mechanisms are outlined in other sections of the SRC Act and related regulations.

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Public Sector Management
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.