Work Health and Safety (Class of worker) Notice 2011 (No. 1)

Overview

The Work Health and Safety Act 2011 was enacted to establish a nationally consistent framework for occupational health and safety across Australia. This Act was designed to replace the outdated Occupational Health and Safety Act 1991 and aims to protect workers and other persons by eliminating or minimising risks arising from work, ensuring fair and effective workplace representation, and providing a structure for continuous improvement in work health and safety standards. The policy objective is to create a balanced approach that enhances the health, safety, and welfare of workers, encouraging constructive roles from unions and employer organisations in promoting better work health and safety practices. This legislative instrument, the Work Health and Safety (Class of worker) Notice 2011 (No. 1), was made by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and clarifies that members of the Air Training Corps, Australian Cadet Corps, and Naval Reserve Cadets are considered workers under the WHS Act when they are engaged in activities related to their respective organisations. This declaration ensures that these cadets are covered by and protected under the WHS Act during their participation in cadet activities.

Scope and Application

The Work Health and Safety (Class of worker) Notice 2011 (No. 1) issued under the Work Health and Safety Act 2011 applies to persons who volunteer and are accepted into the Air Training Corps, Australian Cadet Corps, or Naval Reserve Cadets, defining them as workers for the purposes of the Act while they are engaged in activities as members of these respective bodies. The Act extends its protection to these cadets, ensuring they are covered by the provisions aimed at securing the health and safety of workers and workplaces. This inclusion comes into effect from 1 January 2012, the date the Work Health and Safety Act replaces the Occupational Health and Safety Act 1991. The notice also specifies that these cadets are considered to be carrying out work for a business or undertaking for the Commonwealth when engaged in activities connected with their respective cadet bodies, thus falling under the protective umbrella of the WHS Act. This legislative instrument does not impose any compliance costs on businesses and was issued without the need for a Regulation Impact Statement.

Key Provisions

The Work Health and Safety (Class of Worker) Notice 2011 (No. 1) amends the Work Health and Safety Act 2011 (WHS Act) by specifying that certain individuals participating in cadet programs will be recognised as workers under the Act. According to subsection 7(2F), the Minister may declare that a person of a specified class is considered a worker, engaged in work, and performing tasks for a business or undertaking conducted by the Commonwealth or a public authority when involved in activities related to their cadet organisation. Specifically, this notice declares that members of the Air Training Corps, Australian Cadet Corps, and Naval Reserve Cadets are workers while participating in the activities of their respective bodies, thereby extending the protections of the WHS Act to these cadets. This legislative amendment responds to feedback received during the consultation phase of the WHS Act and ensures a consistent approach to occupational health and safety for these groups. The obligations and requirements imposed by this notice on the parties involved, primarily the cadets and the Commonwealth or public authorities that oversee their activities, include compliance with the WHS Act. This means that the cadets, while engaged in their activities, must adhere to the health and safety standards set out in the Act. The Commonwealth and public authorities are responsible for ensuring that the work environment is safe and that appropriate measures are in place to protect the health and safety of the cadets. This includes conducting risk assessments, implementing control measures, and providing necessary training and information to the cadets regarding potential hazards and safety procedures. Failure to comply with the provisions of the WHS Act can result in various civil and criminal consequences. Under the WHS Act, non-compliance can lead to enforcement actions such as fines, corrective orders, and even prosecution. The maximum penalties for breaches of the Act vary depending on the nature and severity of the offence. For instance, individuals and organisations can face substantial financial penalties, and in cases of serious breaches resulting in significant harm, criminal charges may be laid. These penalties are intended to deter non-compliance and encourage adherence to the health and safety standards outlined in the Act.