{"id":"F2022L01258","name":"Work Health and Safety (Class of Worker) Declaration 2022 (No. 1)","slug":"work-health-and-safety-class-of-worker-declaration-2022-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441535,"registerId":"F2022L01258-fast-fetch-1775956804402","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Work Health and Safety (Class of Worker) Declaration 2022 (No. 1)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nWork Health and Safety (Class of Worker) Declaration 2022 (No. 1)\n\nI, Tony Burke, Minister for Employment and Workplace Relations, make the following declaration.\n\nDated  23 September 2022  \n\nTony Burke\n\nMinister for Employment and Workplace Relations\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Declaration—persons who are workers\n\nSchedule 1—Repeals\n\nWork Health and Safety (Class of worker) Notice 2012 (No. 1)\n\n \n\n1  Name\n\n  This instrument is the Work Health and Safety (Class of Worker) Declaration 2022 (No. 1).\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 7(2F) of the Work Health and Safety Act 2011.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Work Health and Safety Act 2011.\n\nAustralian Defence Force Cadets has the meaning given by subsection 62(1) of the Defence Act 1903.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Declaration—persons who are workers\n\n  For the purposes of subsection 7(2F) of the Act, a person who is a member of the Australian Defence Force Cadets, other than as an officer or instructor, is:\n\n (a) a worker; and\n\n (b) at work throughout the time when the person is engaged in activities as a member of the Australian Defence Force Cadets; and\n\n (c) carrying out work for a business or undertaking conducted by the Commonwealth when the person is engaged in activities connected with the Australian Defence Force Cadets, but not otherwise.\n\nNote: Officers and instructors are not captured by this instrument, as they are already considered workers under subsection 7(1) of the Act.\n\n \n\n\n\n\n \n\nSchedule 1—Repeals\n\nWork Health and Safety (Class of worker) Notice 2012 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: clarifying the work health and safety status of a specific class of individuals (ADF Cadet members). The 2022 version replaces the 2012 notice but does not expand beyond the original intent of designating certain cadet participants as workers under the WHS Act."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 2 defined terms ('Act' and 'Australian Defence Force Cadets')","Single operative provision (section 6) with straightforward tripartite structure","No cross-references to other legislation beyond the parent Act and Defence Act 1903","Simple repeal of one previous instrument in Schedule 1","No nested conditions, exceptions, or conditional logic beyond basic temporal and activity-based qualifiers ('throughout the time when', 'but not otherwise')"],"plain_english_summary":"This declaration confirms that ordinary members of the Australian Defence Force Cadets are \"workers\" under the Work Health and Safety Act 2011 when engaged in cadet activities, making the Commonwealth their employer for those activities.\n\nIt gives cadets (typically aged 12–20) legal health and safety protections—training, a safe environment and consultation—doesn't change coverage for officers or instructors, and replaces the 2012 notice."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument repeals the Work Health and Safety (Class of worker) Notice 2012 (Schedule 1) and re-declares that non-officer/non-instructor ADF Cadets are workers for WHS purposes (s6). The instrument therefore changes the statutory instruments in force, but it does not itself state whether the substantive class of persons covered differs from the repealed 2012 notice."},"complexity_factors":["Narrow, targeted change: single declaratory provision identifying a specific class of persons as \"workers\" (s6).","Simple instrument structure: one operative declaration and a repeal of a prior instrument (Schedule 1).","External legal dependency: the instrument is made under subsection 7(2F) of the Work Health and Safety Act 2011 (s3), so interpretation depends on that Act.","Operational interpretation required: phrase \"carrying out work for a business or undertaking conducted by the Commonwealth\" may require agency-level assessment of when activities qualify, creating modest administrative complexity.","Administrative step: repeal of the 2012 notice requires checking the prior instrument to confirm whether this is a like-for-like replacement or a substantive change."],"plain_english_summary":"Mechanically, this declaration (s6) states that members of the Australian Defence Force Cadets — excluding officers and instructors — are workers under the Work Health and Safety Act 2011 while engaged in cadet activities and when performing work for a Commonwealth business connected to the Cadets. It also repeals the earlier 2012 Class of worker notice (Schedule 1). This makes Commonwealth agencies and any connected undertaking responsible for WHS duties and associated compliance costs for those cadet activities."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-and-safety-class-of-worker-declaration-2022-no-1","history":"/api/acts/work-health-and-safety-class-of-worker-declaration-2022-no-1/history","analysis":"/api/acts/work-health-and-safety-class-of-worker-declaration-2022-no-1/analysis","conflicts":"/api/acts/work-health-and-safety-class-of-worker-declaration-2022-no-1/conflicts","importantCases":"/api/acts/work-health-and-safety-class-of-worker-declaration-2022-no-1/important-cases","documents":"/api/acts/work-health-and-safety-class-of-worker-declaration-2022-no-1/documents"}}