Commonwealth legislation

Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (10/04/1995)

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

1/10 complexity

This declaration suspends the Occupational Health and Safety Act’s "stop work" right for Australian Defence Force members, removing their legal ability to refuse unsafe tasks in specified military contexts.

It applies to personnel on operational deployments, UN missions, and organised ADF sporting activities, prioritising military orders and mission requirements over individual workplace safety protections in those situations.

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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 (10/04/1995).

Declaration under subsection 7(2) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (10/04/1995)

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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, Admiral Alan Lee Beaumont, the Chief of the Defence Force, having consulted the Minister for Industrial Relations, hereby declare that section 68 of the Act does not apply in relation to those members of the Australian Defence Force ('ADF') who are involved in:

a. ADF operational deployments;

b. ADF deployments in support of the United Nations; or

c. organised ADF sporting activities.

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A.L. BEAUMONT Admiral RAN

Chief of the Defence Force

10 April 1995

Source text

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