SAFETY, REHABILITATION AND COMPENSATION (SPECIFIED PERSONS AND ACTS) AMENDMENT (GOVERNOR-GENERAL AND SPOUSE) DECLARATION 2026
EXPLANATORY STATEMENT
Issued by authority of the Minister for Employment and Workplace Relations
under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988
PURPOSE AND OPERATION OF THE INSTRUMENT
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations.
Section 5 of the SRC Act defines the term ‘employee’ for the purposes of the SRC Act. Subsection 5(6) of the SRC Act provides that the Minister may, by legislative instrument, declare:
- that specified persons who engage in activities or perform acts:
- at the request or direction, for the benefit, or under a requirement made by or under a law of the Commonwealth; or
- at the request or direction, or for the benefit, of a Commonwealth authority, or a licensed corporation;
shall, for the purposes of the SRC Act, be taken to be employed by the Commonwealth, or by that authority or corporation, as the case may be; and
- that the employment of the specified persons shall be taken to be constituted by the performance of the acts specified in the instrument.
Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026
In this instrument, the Minister for Employment and Workplace Relations (the Minister) declares the Governor-General of the Commonwealth of Australia and the spouse of the Governor-General of the Commonwealth of Australia to be employed by the Commonwealth when engaged in activities or performing acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth. This is described in the instrument as:
- acts performed in accordance with the role of the Governor-General; or
- acts performed in connection with supporting official activities undertaken by the Governor-General (in respect of the spouse of the Governor-General).
The Minister is satisfied that the Governor-General engages in activities for the benefit of the Commonwealth, including constitutional, ceremonial, Commander-in-Chief and community duties.
The Minister is also satisfied that the Governor-General’s spouse engages in activities for the benefit of the Commonwealth when they are supporting the Governor-General to perform the functions of that office, including by attending or hosting events to support or promote community groups or national interests.
This satisfies the prerequisite in subsection 5(6)(a)(i) of the SRC Act for the Minister to make this declaration.
This instrument commences on the day after it is registered on the Federal Register of Legislation.
CONSULTATION
Consultation was undertaken with the Office of the Official Secretary to the Governor-General, Comcare and the Department of the Prime Minister and Cabinet.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026
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 (SRC Act) establishes the Commonwealth workers’ compensation and rehabilitation scheme for employees of the Commonwealth, Commonwealth authorities and licensed corporations. The SRC Act also allows the Minister for Employment and Workplace Relations (the Minister) to declare certain persons to be employees for the purposes of the SRC Act.
Pursuant to subsection 5(6)(a)(i) of the SRC Act, in this instrument, the Minister declares the Governor-General and the spouse of the Governor-General to be employed by the Commonwealth when engaged in activities or performing acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth.
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 the ‘States parties should … ensure the protection of workers who are injured in the course of employment or other productive work.’[1]
Workers’ compensation is analogous to social insurance in that it provides payment of wages and medical costs to employees for injuries occurring as a result of their employment.
The SRC 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 SRC Act (and therefore access to workers’ compensation) to the Governor-General and the spouse of the Governor-General who would not otherwise be covered by the SRC Act.
Conclusion
This legislative instrument is compatible with human rights because it promotes human rights.
The Hon Amanda Rishworth MP
Minister for Employment and Workplace Relations
Attachment A
NOTES ON SECTIONS
Section 1 – Name
Section 1 provides that the title of the instrument is the Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026.
Section 2 – Commencement
Section 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides that the instrument is made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988.
Section 4 – Schedules
Section 4 provides that each instrument that is specified in the Schedule to the instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
[1] Committee on Economic, Social and Cultural Rights, General Comment 19: The Right to Social Security (Art. 9), U.N. doc e/c.12/GC/19 (2008), [17].