{"id":"F2005B00397","name":"Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (03/12/1991)","slug":"declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111619,"registerId":"commonwealth-F2005B00397-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (03/12/1991)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: OCCUPATIONAL HEALTH AND SAFETY\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nOCCUPATIONAL HEALTH AND SAFETY  (COMMONWEALTH EMPLOYMENT) ACT 1991\n\n \n\n \n\nDECLARATION\n\n \n\n \n\nPursuant to subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 ('the Act'), I, General Peter Courtney Gration, the Chief of the Defence Force, hereby declare that sections 24 to 38 inclusive of the Act apply in relation to all members of the Australian Defence Force, being a specified. class of members within which all such members are included, subject to the following modification:\n\n \n\nReferences in sections 24 to 38 inclusive, to employees will not include members of the Australian Defence Force\n\n \n\n![](image.001.png)\n\nP.C. GRATION\n\nGeneral\n\nChief of the Defence Force\n\n3rd December 1991\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2150},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration operates strictly within the framework of section 7(2) of the parent Act, which expressly authorises the Chief of the Defence Force to apply specified sections to ADF members with modifications. It does not expand beyond the Act's intended scope."},"complexity_factors":["Single modification to defined terms (exclusion of ADF members from 'employee')","Limited scope covering only sections 24–38 of the parent Act","No nested exceptions or conditional logic","Brief declaratory text with minimal cross-referencing"],"plain_english_summary":"**What this does**\n\nThis declaration extends workplace health and safety protections to Australian Defence Force (ADF) members—including soldiers, sailors, and air force personnel—under the Occupational Health and Safety Act.\n\n**The modification**\n\nWhile sections 24–38 of the Act normally set rules for Commonwealth \"employees,\" this document applies those same sections to ADF members with one key change: when those sections refer to \"employees,\" they do **not** mean ADF members. This adjusts how the legal duties apply to recognise that military service operates differently from standard civilian employment (for example, modifying who holds legal responsibilities within the chain of command).\n\n**Why it matters**\n\nIt ensures ADF members are covered by specific occupational health and safety rules while accounting for the unique structure and command relationships of the Defence Force."}},"importantCases":[],"_links":{"self":"/api/acts/declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1","history":"/api/acts/declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1/history","analysis":"/api/acts/declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1/analysis","conflicts":"/api/acts/declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1/conflicts","importantCases":"/api/acts/declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1/important-cases","documents":"/api/acts/declaration-under-subsection-7-2-of-the-occupational-health-and-safety-commonwealth-employment-act-1/documents"}}