Commonwealth legislation

Occupational Health and Safety (Commonwealth Employment) Act 1991 - Declaration under section 9(5)

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

This declaration extends workplace safety protections to military cadets who aren't technically Commonwealth employees.

Under 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.

This 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.

It covers three specific groups:

Air Training Corps members (under the Air Force Act 1923)
Australian Cadet Corps members (under the Defence Force Act 1903)
Naval Reserve Cadets (under the Naval Defence Act 1910)

The coverage applies only when performing acts connected with their corps' activities—not in their personal time.

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Current sections

Direct links to the current provisions in Occupational Health and Safety (Commonwealth Employment) Act 1991 - Declaration under section 9(5).

Occupational Health and Safety (Commonwealth Employment) Act 1991 - Declaration under section 9(5)

COMMONWEALTH OF AUSTRALIA

Occupational Health and Safety (Commonwealth Employment) Act 1991

PERSONS TAKEN TO BE EMPLOYED BY THE COMMONWEALTH

I, 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:

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
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.

Dated 25th November 1999

Peter Reith

Minister for Employment, Workplace Relations and Small Business

Schedule

Column 1Class of persons	Column 2Class of Acts
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
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
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

Source text

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

1 Occupational Health and Safety (Commonwealth Employment) Act 1991 - Declaration under section 9(5)