Commonwealth Numbered Regulations - Explanatory Statements

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OCCUPATIONAL HEALTH AND SAFETY (SAFETY ARRANGEMENTS) AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 93 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 93

Issued by the authority of the Minister for Tertiary Education, Skill, Jobs and Workplace Relations

Occupational Health and Safety Act 1991

Occupational Health and Safety (Safety Arrangements) Amendment Regulations 2011 (No. 1)

The Occupational Health and Safety Act 1991 (the Act) establishes a statutory framework to secure the health and safety at work of employees of the Commonwealth, Commonwealth authorities and non-Commonwealth licensees.

Section 82 of the Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Regulations prescribe the Director-General of the Australian Agency for International Development (AusAID) as employing authority for Australian Civilian Corps (ACC) employees.

The Australian Civilian Corps Act 2011 (ACC Act) was passed by Parliament on
22 March 2011 and creates a legal framework for the management of ACC personnel and provides for employment arrangements for these personnel. The purpose of the ACC is to enable the rapid deployment of civilian specialists into countries experiencing or emerging from conflict or disaster.

The ACC Act provides that the Director-General of AusAID, on behalf of the Commonwealth, will have all the rights, duties and powers of an employer in respect of an ACC employee. The Director-General will also have the power to engage persons as ACC employees and determine the remuneration and other employment terms and conditions of ACC employees.

Section 10 of the Act requires the Commonwealth to act through an employing authority and paragraph 5(1)(a) of the Act defines 'employing authority', in part, to mean the person or body specified in the regulations to be the employing authority. Regulation 4 of the Occupational Health and Safety (Safety Arrangements) Regulations 1991 (Principal Regulations) is the provision that prescribes the employing authorities and the persons in relation to which the employing authorities hold that role.

The Regulations amend Regulation 4 of the Principal Regulations to prescribe the Director-General of AusAID as employing authority for a person engaged as an employee the ACC Act.

The Act does not impose any conditions that need to be satisfied before the power to make the Regulations may be exercised.

The amendment has been requested by the Department of Foreign Affairs and Trade and consultation has been undertaken with that department as well as with AusAID.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required. 

The Regulations commence the day after they are registered on the Federal Register of Legislative Instruments.

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