{"id":"F2009B00108","name":"Occupational Health and Safety (Commonwealth Employment) Act 1991 - Declaration under section 9(5)","slug":"occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121400,"registerId":"commonwealth-F2009B00108-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Occupational Health and Safety (Commonwealth Employment) Act 1991 - Declaration under section 9(5)","content":"COMMONWEALTH OF AUSTRALIA\n\nOccupational Health and Safety (Commonwealth Employment) Act 1991\n\nPERSONS TAKEN TO BE EMPLOYED BY THE COMMONWEALTH\n\nI, PETER KEASTON REITH, Minister of Employment, Workplace Relations and Small Business, under subsection 9(5) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) declare that:\n\n-   the class of persons mentioned in column 1 of the Schedule is taken to be employed by the Commonwealth for the purposes of the Act, and\n\n-   the employment of that class of persons for those purposes is taken to be constituted by the performance of the class of acts mentioned in column 2 of the Schedule.\n\nDated 25th November 1999\n\nPeter Reith\n\nMinister for Employment, Workplace Relations and Small Business\n\n  \n\nSchedule\n\n| Column 1Class of persons                                                                         | Column 2Class of Acts                                          |\n| ------------------------------------------------------------------------------------------------ | -------------------------------------------------------------- |\n| Members of the Air Training Corps established under section 8 of the Air Force Act 1923          | Acts performed in connection with the activities of the Corps  |\n| Members of the Australian Cadet Corps established under section 62 of the Defence Force Act 1903 | Acts performed in connection with the activities of the Corps  |\n| Members of the Navel Reserve Cadets established under section 38 of the Naval Defence Act 1910   | Acts performed in connection with the activities of the Cadets |","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":3315},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"Expands the coverage of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to include members of three military cadet organizations (Air Training Corps, Australian Cadet Corps, and Naval Reserve Cadets), deeming them to be Commonwealth employees for OHS purposes during cadet activities, despite their non-employee status as volunteers/trainees."},"complexity_factors":["Single-page instrument with only three classes of persons specified","Simple declarative structure with no nested conditions or exceptions","Minimal cross-referencing (solely to section 9(5) of the parent Act)","Straightforward two-column schedule linking persons to activities"],"plain_english_summary":"This declaration extends workplace safety protections to **military cadets** who aren't technically Commonwealth employees.\n\nUnder the Occupational Health and Safety (Commonwealth Employment) Act 1991, the Commonwealth owes safety duties to its employees. However, cadets in the Air Force, Army and Navy reserve corps are typically volunteers or trainees, not employees.\n\nThis instrument **deems** (treats) these cadets as Commonwealth employees **while they participate in cadet activities**. This means the OHS Act applies to them, giving them the same safety rights and protections as regular employees.\n\nIt covers three specific groups:\n- **Air Training Corps** members (under the *Air Force Act 1923*)\n- **Australian Cadet Corps** members (under the *Defence Force Act 1903*)\n- **Naval Reserve Cadets** (under the *Naval Defence Act 1910*)\n\nThe coverage applies only when performing acts connected with their corps' activities—not in their personal time."}},"importantCases":[],"_links":{"self":"/api/acts/occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5","history":"/api/acts/occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5/history","analysis":"/api/acts/occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5/analysis","conflicts":"/api/acts/occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5/conflicts","importantCases":"/api/acts/occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5/important-cases","documents":"/api/acts/occupational-health-and-safety-commonwealth-employment-act-1991-declaration-under-section-9-5/documents"}}