Commonwealth legislation

Work Health and Safety (Class of worker) Notice 2012 (No. 1)

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This Act has been repealed and is no longer in force. It is retained for historical reference.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 notice treats volunteers in the Australian Air Force, Army and Navy Cadets as "workers" under national work health and safety laws while they take part in authorised cadet activities. That means the Commonwealth has the same legal duty to protect their safety as it does for paid employees, and cadets can access WHS protections and remedies—but only for activity-related participation.

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Current sections

Direct links to the current provisions in Work Health and Safety (Class of worker) Notice 2012 (No. 1).

Work Health and Safety (Class of worker) Notice 2012 (No. 1)

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Work Health and Safety (Class of worker) Notice 2012 (No.1)

Notice No. 1 of 2012

I, BILL SHORTEN, Minister for Employment and Workplace Relations, make this Notice under subsection 7(2F) of the Work Health and Safety Act 2011.

Dated 22 May 2012

BILL SHORTEN

Minister for Employment and Workplace Relations

1 Name of Notice

This Notice is the Work Health and Safety (Class of worker) Notice 2012 (No. 1).

2 Revocation of previous Notice

This Notice replaces and revokes the Work Health and Safety (Class of worker) Notice 2011 (No.1).

2 Commencement

This Notice commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Declaration

For the purposes of subsection 7(2F) of the Work Health and Safety Act 2011,
I declare that:

a person who volunteers and is accepted into the Australian Air Force Cadets, Australian Army Cadets or Australian Navy Cadets is:

a) a worker;

b) at work throughout the time that the person is engaged in activities as a member of the Australian Air Force Cadets, Australian Army Cadets or Australian Navy Cadets; and

c) carrying out work for a business or undertaking for the Commonwealth when the person is engaged in activities connected with the Australian Air Force Cadets, Australian Army Cadets or Australian Navy Cadets, but not otherwise.

In this instrument:

‘Australian Air Force Cadets’ has the same meaning as in the Air Force Act 1923;
‘Australian Army Cadets’ has the same meaning as in the Defence Act 1903; and
‘Australian Navy Cadets’ has the same meaning as in the Naval Defence Act 1910.

Source text

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

1 Work Health and Safety (Class of worker) Notice 2012 (No. 1)