Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026

Administered by Department of Employment and Workplace Relations

Legislation au F2026L00762 In force Legislative Instrument

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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:

  1.     that specified persons who engage in activities or perform acts:
  1.                   at the request or direction, for the benefit, or under a requirement made by or under a law of the Commonwealth; or
  2.                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

  1.     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:

  1.     acts performed in accordance with the role of the Governor-General; or
  2.     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].

Overview

The Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026, enacted to address the need for extending the scope of the Safety, Rehabilitation and Compensation Act 1988 to include the Governor-General and the spouse of the Governor-General, was made under the authority of the Minister for Employment and Workplace Relations pursuant to subsection 5(6) of the SRC Act. This legislative instrument aims to ensure that these specified individuals, 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, are considered employees for the purposes of the SRC Act. Consequently, they gain eligibility for workers' compensation and rehabilitation benefits under the Commonwealth scheme. The policy objective behind this amendment is to extend the protection and support mechanisms provided by the SRC Act to these key figures in the national administration, thereby recognising their contributions to the Commonwealth and ensuring they are covered under the workers' compensation scheme. The declaration was developed following consultations with relevant stakeholders, including the Office of the Official Secretary to the Governor-General, Comcare, and the Department of the Prime Minister and Cabinet. It is compatible with human rights, as it aligns with the right to social security by ensuring that the Governor-General and their spouse have access to the benefits provided by the SRC Act when they are engaged in official duties. This legislative instrument thus positively engages the right to social security, extending its coverage to these specified individuals who would not otherwise be covered by the SRC Act.

Scope and Application

The Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026 applies to the Governor-General of the Commonwealth of Australia and their spouse, deeming them employees of the Commonwealth when they are 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 includes acts performed in accordance with the role of the Governor-General and acts performed in connection with supporting official activities undertaken by the Governor-General. The declaration is made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 and extends the coverage of the SRC Act to provide these specified persons with access to workers’ compensation. The instrument commences on the day after it is registered on the Federal Register of Legislation, and it has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, affirming its compatibility with human rights by extending the right to social security to these individuals.

Key Provisions

The main operative sections of the Safety, Rehabilitation and Compensation (Specified Persons and Acts) Amendment (Governor-General and Spouse) Declaration 2026 are pivotal in extending the scope of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) to include the Governor-General and their spouse. Section 1 names the instrument, clarifying its purpose and identity. Section 2 establishes the commencement date of the instrument, which is the day following its registration on the Federal Register of Legislation. Section 3 specifies the authority under which the instrument is made, citing subsection 5(6) of the SRC Act. Section 4 outlines the amendments to existing instruments, ensuring that the Schedule to this instrument reflects the necessary changes to include the Governor-General and their spouse within the Act's purview. The obligations and requirements imposed by this Act primarily pertain to the extension of workers’ compensation and rehabilitation coverage to the Governor-General and their spouse. These individuals are now considered employed by the Commonwealth when they engage in activities or perform acts at the request, direction, or benefit of the Commonwealth, or in support of the Governor-General’s official duties. This inclusion ensures that they are eligible for the same benefits provided under the SRC Act, such as weekly compensation payments, payment of medical expenses, and permanent impairment benefits, should they suffer injuries in the course of their activities. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, it is implicit that any failure to comply with the provisions of the SRC Act, including those extended by this Declaration, could result in legal repercussions. Under the SRC Act, breaches could lead to penalties for non-compliance, which can include fines or other civil penalties as stipulated by the legislation. The severity of these penalties would depend on the nature and extent of the breach, with potential maximum penalties outlined elsewhere in the SRC Act. The declaration is designed to ensure that the Governor-General and their spouse are protected under the same workers’ compensation scheme as other Commonwealth employees. By aligning their employment status with that of other Commonwealth employees, the Act seeks to uphold their right to social security, as recognised under international human rights law. This alignment not only provides a safety net for these individuals but also ensures that they are treated equitably within the framework of Commonwealth employment.

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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.