EXPLANATORY STATEMENT
Issued by the authority of the
Minister for Employment and Workplace Relations
Safety, Rehabilitation and Compensation Act 1988
Revocation of Declaration and Specification
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme.
On 28 November 1988 the then Minister for Social Security issued a comprehensive instrument (published in Gazette S365 on 30 November 1988) declaring and specifying a range of matters under the SRC Act (then named the Commonwealth Employees’ Rehabilitation and Compensation Act 1988). The instrument was then itself amended on 7 August 1989 by Notice No 1 of 1989 (published in Gazette No GN 32 on 23 August 1989).
Following the commencement of the Legislative Instruments Act 2003 (LI Act), there is a requirement for all pre 2000 legislative instruments to be backcaptured or remade and placed on the Federal Register of Legislative Instruments (FRLI) by 31 December 2007, or they will cease to have effect.
There is now a need to amend one of the items in the legislative instrument of 28 November 1988, and, rather than amend the instrument which would require it to be lodged on FRLI within 28 days (section 29, LI Act), the decision has been made to revoke the notices with effect from 1 July 2007.
A number of other new instruments will be made that replace the contents of the original instrument, including updated references.
Consultation was not undertaken in relation to this instrument as new instruments will be made to continue operation of the ongoing items.
An assessment was made under the new guidelines issued by the Office of Best Practice Regulation, which indicated that a Regulation Impact Statement was not required for this declaration.
This Notice is a legislative instrument for the purposes of the LI Act and takes effect from 1 July 2007.
Overview
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) was enacted to establish the Commonwealth workers' compensation and rehabilitation scheme, providing a structured system for the rehabilitation and compensation of workers who are injured or become ill due to their employment in the Commonwealth sector. This legislation was introduced to address the need for a comprehensive framework that ensures injured workers receive appropriate support and compensation. The Act was enacted by the Australian Parliament and its policy objective is to provide a fair and efficient system for workers' compensation and rehabilitation. The 1988 instrument, which was later amended in 1989, initially declared and specified various matters under the Act. However, following the introduction of the Legislative Instruments Act 2003, there was a requirement to either backcapture or remake all pre-2000 legislative instruments and place them on the Federal Register of Legislative Instruments by 31 December 2007, or risk them ceasing to have effect. Consequently, a decision was made to revoke the original instrument from 1 July 2007, with new instruments being created to replace it and continue its operation. This change was made without the need for a Regulation Impact Statement, as per the guidelines issued by the Office of Best Practice Regulation.
Scope and Application
The Safety, Rehabilitation and Compensation Act 1988 applies to workers within the Commonwealth who have suffered injury or disease in the course of their employment, and to employers of such workers. This act governs the provision of workers' compensation and rehabilitation services to eligible individuals, ensuring they receive necessary support and benefits. The act is applicable nationally across Australia, thus its provisions extend to all Commonwealth employees irrespective of their location within the country. However, it does not apply to state or territory employees, whose workers' compensation schemes are governed by their respective state or territory laws. The revocation of the existing declaration and specification under the act, effective from 1 July 2007, does not impact the core objectives of the act but rather prepares for the issuance of new instruments to replace the existing ones, ensuring continued operation and updated references. These new instruments will be made without the need for consultation, as they are intended to maintain the existing framework of the act.
Key Provisions
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) provides the legal framework for workers' compensation and rehabilitation in the Commonwealth. Under this Act, the Minister for Employment and Workplace Relations has the authority to issue instruments that specify various matters related to the implementation of the Act. One such instrument, originally issued on 28 November 1988 and subsequently amended on 7 August 1989, declared and specified a range of items under the SRC Act (then known as the Commonwealth Employees’ Rehabilitation and Compensation Act 1988). However, in accordance with the Legislative Instruments Act 2003 (LI Act), which requires all legislative instruments predating 2000 to be backcaptured or remade and registered by 31 December 2007, the decision was made to revoke the existing instrument effective from 1 July 2007.
Entities and individuals governed by the SRC Act must adhere to the provisions set out in the Act and any subsequent instruments issued under its authority. This includes compliance with the requirements specified in the repealed instrument until its revocation on 1 July 2007. Although new instruments will be created to replace the contents of the original, it is essential for stakeholders to familiarise themselves with these forthcoming regulations to ensure ongoing compliance.
Breach of any provisions under the SRC Act or its associated instruments can result in various legal consequences. Offences under the Act can lead to both civil and criminal penalties, with the specific consequences depending on the nature and severity of the breach. The maximum penalties for violations are outlined in the relevant sections of the Act and may include fines, imprisonment, or both. It is crucial for parties governed by the Act to be aware of these potential consequences and to take appropriate measures to avoid non-compliance.