{"id":"F2023L00399","name":"Work Health and Safety Act 2011 (application to Defence activities and Defence members) Declaration 2023","slug":"work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104068,"registerId":"commonwealth-F2023L00399-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Work Health and Safety Act 2011 (application to Defence activities and Defence members) Declaration 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Revocation","content":"#### 3 Revocation\n\n  Work Health and Safety Act 2011 (application to Defence activities and Defence members) Declaration 2012 is revoked.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n  Act means the Work Health and Safety Act 2011.\n  defence civilian has the same meaning as in the Defence Force Discipline Act 1982.\n  defence member means:\n  (a) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or\n  (b) a member of the Reserves who:\n  (i) is rending continuous full-time service; or\n  (ii) is on duty or in uniform; or\n  (c) a defence civilian who is involved in a warlike operation or non‑warlike operation.\n  deployed defence member means a defence member who is posted, assigned or attached for duty to:\n  (a) a United Nations’ force; or\n  (b) a foreign or multinational force; or\n  (c) the Australian Defence Force performing duties outside Australia.\n  non-warlike operation means an operation:\n  (a) that occurs outside Australia; and\n  (b) that uses deployed defence members; and\n  (c) that is unlikely to result in fatalities; and\n  (d) that includes a risk to deployed defence members that is greater than the risk faced by defence members undertaking peacetime duties; and\n  (e) for which deployed defence members are authorised to use lethal force in the following circumstances only:\n  (i) self-defence;\n  (ii) when defending another person.\n  Examples\n  1 Mine avoidance and clearance operations.\n  2 Weapons inspection and destruction operations.\n  3 Service protected or assisted evacuation operations.\n  4 Peacekeeping operations.\n  warlike operation means an operation:\n  (a) that occurs outside Australia; and\n  (b) that uses deployed defence members; and\n  (c) that is likely to result in fatalities; and\n  (d) for which deployed defence members are authorised to use lethal force for specific military objectives.\n  Examples\n  1 Operations undertaken as part of a declared war.\n  2 Combat operations against an armed adversary.\n  3 Peace enforcement operations.\n\n5 Provisions of Act declared not to apply to specified activity\n\n  For subsection 12D (2) of the Act, a provision of the Act specified in an item in Schedule 1 does not apply to the activity specified in the item.\n\n6 Provisions of Act declared not to apply to class of members\n\n  For subsection 12D (2) of the Act, a provision of the Act specified in an item in Schedule 2 does not apply to a defence member in the class of defence members specified in the item.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The instrument limits the Act's application by declaring specified provisions do not apply to particular Defence activities and classes of Defence members (ss5–6) and revokes the 2012 declaration (s3). The exact narrowing depends on the items in Schedule 1 and Schedule 2, which are not included here, so the precise scope changes cannot be determined from the supplied text alone."},"complexity_factors":["Relies on external cross‑reference to the Work Health and Safety Act 2011 (subsection 12D(2)) rather than restating operative provisions (s5, s6).","Key effect depends on items listed in Schedule 1 and Schedule 2, which are not reproduced here, creating interpretive dependence on absent material.","Detailed, multi‑part definitions in s4 (defence member, deployed defence member, warlike and non‑warlike operations) create conditional application triggers tied to operational facts.","Revocation of the 2012 declaration (s3) requires comparison to prior instrument to assess actual change; replacement logic increases legal‑historical complexity.","Commencement is immediate (day after registration) which has practical implementation and transitional implications (s2).","Interaction across jurisdictions and operations outside Australia (deployed members, foreign and multinational forces) raises operational and enforcement complexity."],"plain_english_summary":"This declaration narrows how the Work Health and Safety Act 2011 applies to Defence by saying particular provisions of the Act do not apply to specified Defence activities and to specified classes of Defence personnel. It revokes the earlier 2012 declaration.\n\nIt affects deployed Defence members and some defence civilians involved in defined warlike or non‑warlike operations, changing who enforces and complies with WHS duties in those contexts and therefore altering compliance obligations and decision‑making responsibility."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This appears to be a straightforward re-enactment/update of the 2012 Declaration (which it explicitly revokes). The structure mirrors the original intent: creating exemptions for Defence activities and members from the WHS Act. Without comparing the full Schedules 1 and 2 against the 2012 version, the core scope remains consistent — regulating the application of workplace safety laws to military contexts."},"complexity_factors":["Relatively short instrument (6 sections plus definitions)","Heavy reliance on external schedules not included in the extract (Schedules 1 and 2 contain the actual substantive exemptions)","7 defined terms, but several are complex nested definitions (e.g., 'defence member' has 3 sub-categories, 'non-warlike operation' has 5 cumulative criteria)","Cross-references to the Defence Force Discipline Act 1982 for 'defence civilian' definition","Cross-references to subsection 12D(2) of the Work Health and Safety Act 2011 (the enabling provision)","Conditional logic in definitions (e.g., 'and' conditions for non-warlike operations, 'or' conditions for defence member categories)","Examples provided for warlike/non-warlike operations but these are illustrative not exhaustive"],"plain_english_summary":"This Declaration sets when Australia’s Work Health and Safety Act 2011 does—and does not—apply to the Australian Defence Force. It carves out certain Defence activities and classes of Defence personnel (including deployed members and civilians on overseas operations) from parts of the WHS Act, distinguishing “warlike” and “non-warlike” operations.\n\nIt matters because normal workplace safety rights and duties can be displaced by military command and operational necessity, so the instrument balances operational effectiveness with worker safety by specifying where civilian WHS rules are inappropriate."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20","history":"/api/acts/work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20/history","analysis":"/api/acts/work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20/analysis","conflicts":"/api/acts/work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20/conflicts","importantCases":"/api/acts/work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20/important-cases","documents":"/api/acts/work-health-and-safety-act-2011-application-to-defence-activities-and-defence-members-declaration-20/documents"}}