Commonwealth legislation

Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (03/12/1991)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does

This 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.

The modification

While 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).

Why it matters

It 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.

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Current sections

Direct links to the current provisions in Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (03/12/1991).

Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (03/12/1991)

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OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991

DECLARATION

Pursuant 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:

References in sections 24 to 38 inclusive, to employees will not include members of the Australian Defence Force

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P.C. GRATION

General

Chief of the Defence Force

3rd December 1991

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.