Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
"Commission" means the Safety, Rehabilitation and Compensation Commission established by section 89A of the Safety, Rehabilitation and Compensation Act 1988 .
For the purposes of paragraph 89B(c) of the Safety, Rehabilitation and Compensation Act 1988 , the following additional functions are conferred on the Commission:
(a) to advise the Minister on the administration of this Act;
(b) to advise and make recommendations to the Minister on the most effective means of giving effect to the objects of this Act;
(c) to enquire into and make recommendations to the Minister on any matter relating to work health and safety referred to the Commission by the Minister;
(d) to provide a forum for consultation between Comcare and persons conducting businesses or undertakings, workers and the bodies that represent them.
The annual report prepared by the Chief Executive Officer of Comcare and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:
(a) statistics, with appropriate details, of each of the following:
(i) notifiable incidents of which Comcare is notified under section 38 during the period;
(ii) all investigations conducted by Comcare during the period;
(iii) all seizures made under section 175 or 176 during the period;
(iv) all improvement notices issued under section 191 during the period;
(v) all prohibition notices issued under section 195 during the period;
(vi) all non - disturbance notices issued under section 198 during the period;
(vii) all remedial action taken under section 211 or 212 during the period;
(viii) all written undertakings accepted by Comcare under section 216 during the period;
(ix) all applications for internal review made under section 224 during the period;
(x) all applications for external review made under section 229 during the period;
(xi) all infringement notices given under section 243 during the period; and
(b) details of prosecutions instituted under this Act during the period; and
(c) any other matter prescribed.
Note: Under section 85 of the Safety, Rehabilitation and Compensation Act 1988 , details of any directions given by the Minister under section 73 of that Act must also be reported.
Part 3A -- Family and Injured Workers Advisory Committee
In this Part:
"Advisory Committee" means the Family and Injured Workers Advisory Committee established under clause 3B.
"Advisory Committee member" means a member of the Advisory Committee and includes the Co - Chairs.
"Co-Chair" means a Co - Chair of the Advisory Committee.
"first Co-Chair" means the Co - Chair appointed in accordance with subclause 3E(5).
"second Co-Chair" means the Co - Chair appointed in accordance with subclause 3E(6).
"serious work-related incident" means the death of a person, or a serious injury or illness of a person, arising out of the conduct of a business or undertaking.
3B Establishment of the Family and Injured Workers Advisory Committee
The Minister must establish a committee called the Family and Injured Workers Advisory Committee. The Advisory Committee must be established before the end of the period of 12 months beginning on the day this Part commences.
3C Functions of the Advisory Committee
The functions of the Advisory Committee are as follows:
(a) to give advice, and make recommendations, to the Minister about the needs of persons affected, directly or indirectly, by serious work - related incidents;
(b) to give advice to Comcare about, and contribute to the development and review of, Comcare's policies, practices and strategies for liaising with, and providing information to, persons affected, directly or indirectly, by serious work - related incidents that arise out of the conduct of a business or undertaking by the Commonwealth, a public authority or a non - Commonwealth licensee;
(c) to give advice to the Australian Maritime Safety Authority about, and contribute to the development and review of, the Authority's policies, practices and strategies for liaising with, and providing information to, persons affected, directly or indirectly, by serious work - related incidents that arise on a prescribed ship (within the meaning of the Occupational Health and Safety (Maritime Industry) Act 1993 ) or a prescribed unit (within the meaning of that Act) that is engaged in trade or commerce of the kind referred to in subsection 6(1) of that Act;
(d) to give advice to the National Offshore Petroleum Safety and Environmental Management Authority about, and contribute to the development and review of, the Authority's policies, practices and strategies for liaising with, and providing information to, persons affected, directly or indirectly, by serious work - related incidents that arise:
(i) at a facility (within the meaning of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ) located in Commonwealth waters (within the meaning of that Schedule); or
(ii) out of the conduct of a business or undertaking in the Commonwealth offshore area (within the meaning of the Offshore Electricity Infrastructure Act 2021 );
(e) such other functions as are prescribed by the regulations.
3D Membership of the Advisory Committee
The Advisory Committee consists of the following members:
(a) 2 Co - Chairs;
(b) at least 3 other members.
3E Appointment of Advisory Committee members
(1) Each Advisory Committee member is to be appointed by the Minister, by written instrument, on a part - time basis.
Note: An Advisory Committee member may be reappointed (see section 33AA of the Acts Interpretation Act 1901 ).
(2) The instrument of appointment of an Advisory Committee member must specify whether the member is appointed as the first Co - Chair, second Co - Chair or another member.
Period of appointment
(3) An Advisory Committee member holds office for the period specified in the member's instrument of appointment. The period must not be more than 3 years.
(4) An Advisory Committee member is eligible for reappointment but must not hold office for a total of more than 9 years.
Eligibility for appointment as Advisory Committee member (including first Co - Chair but not including second Co - Chair)
(5) A person is eligible for appointment as an Advisory Committee member (including the first Co - Chair, but not including the second Co - Chair) only if the Minister is satisfied that:
(a) the person has, or has had, a serious injury or illness that arose out of the conduct of a business or undertaking; or
(b) the person has lived experience as family member or carer of another person who:
(i) has died, if the person's death arose out of the conduct of a business or undertaking; or
(ii) has, or has had, a serious injury or illness that arose out of the conduct of a business or undertaking; or
(c) the person has been affected, directly or indirectly, by a serious work - related incident suffered by another person.
Note: Examples of persons for the purposes of paragraph (c) are friends and co - workers.
Eligibility for appointment as second Co - Chair
(6) A person is eligible for appointment as the second Co - Chair only if the Minister is satisfied that the person has relevant skills and experience in relation to trauma and group facilitation.
Additional member
(7) Without limiting this clause, if the Advisory Committee already has at least 5 members (including the first Co - Chair and the second Co - Chair), the Minister may appoint an additional Advisory Committee member under subclause (1) who has relevant skills and experience in relation to trauma and grief.
(1) A Co - Chair may, after consulting the other members of the Advisory Committee, invite a person, body or organisation to participate in a meeting.
(2) A Co - Chair may terminate the invitation at any time, including during a meeting.
(3) The participation of a person in a meeting does not make the person a member.
(4) A person invited to participate in a meeting:
(a) is entitled to payment of travel allowance prescribed by the regulations for the purposes of this paragraph; and
(b) must comply with any requirements prescribed by the regulations for the purposes of this paragraph.
(5) Regulations made for the purposes of subclause (4) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.
Note: This subclause is not intended to be an exhaustive statement of the ways in which a rate could be identified.
(6) The regulations may provide for or in relation to persons invited to participate in a meeting.
(1) The Minister may, by written instrument, appoint an Advisory Committee member (other than the second Co - Chair) to act as the first Co - Chair:
(a) during a vacancy in the office of the first Co - Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the first Co - Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(2) The Minister may, by written instrument, appoint an Advisory Committee member (other than the first Co - Chair), or any other person, to act as the second Co - Chair:
(a) during a vacancy in the office of the second Co - Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the second Co - Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(3) A person is not eligible for appointment under subclause (2) unless the person is eligible for appointment as the second Co - Chair under subclause 3E(6).
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(4) The Minister may, by written instrument, appoint a person to act as an Advisory Committee member (other than a Co - Chair):
(a) during a vacancy in the office of an Advisory Committee member (other than a Co - Chair) (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when an Advisory Committee member (other than a Co - Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(5) A person is not eligible for appointment under subclause (4) unless the person is eligible for appointment as an Advisory Committee member under subclause 3E(5).
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
3H Remuneration and allowances
(1) An Advisory Committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Committee member is to be paid the remuneration that is prescribed by the regulations.
(2) An Advisory Committee member is to be paid the allowances that are prescribed by the regulations.
(3) This clause has effect subject to the Remuneration Tribunal Act 1973 .
(1) The Minister may grant leave of absence to a Co - Chair on the terms and conditions that the Minister determines.
(2) A Co - Chair may grant leave of absence to an Advisory Committee member (other than a Co - Chair) on the terms and conditions that the Co - Chair determines.
3K Disclosure of interests to the Minister
An Advisory Committee member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.
3L Disclosure of interests to the Advisory Committee
(1) An Advisory Committee member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Committee must disclose the nature of the interest to a meeting of the Advisory Committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Committee member's knowledge.
(3) The disclosure must be recorded in the minutes of the meeting.
(1) An Advisory Committee member may resign the member's appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
(1) The Minister may terminate the appointment of an Advisory Committee member:
(a) for misbehaviour; or
(b) if the Advisory Committee member is unable to perform the duties of the office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of an Advisory Committee member if:
(a) the Advisory Committee member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member's creditors; or
(iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or
(b) the Advisory Committee member fails, without reasonable excuse, to comply with clause 3K or 3L (which deal with disclosure of interests).
(3) The Minister must terminate the appointment of an Advisory Committee member if the Advisory Committee member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Committee.
An Advisory Committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
(1) The regulations may prescribe the procedures to be followed at, or in relation to, meetings of the Advisory Committee, including matters relating to the following:
(a) convening meetings;
(b) the number of Advisory Committee members who are to constitute a quorum at a meeting;
(c) the selection of an Advisory Committee member to preside at a meeting in the absence of a Co - Chair;
(d) the manner in which questions arising at a meeting are to be decided;
(e) inviting persons with appropriate expertise or technical knowledge to attend meetings;
(f) keeping minutes of meetings.
(2) A resolution is taken to have been passed at a meeting of the Advisory Committee if:
(a) without meeting, a majority of Advisory Committee members indicate agreement with the resolution in accordance with the method determined by the Advisory Committee under subclause (3); and
(b) all Advisory Committee members were informed of the proposed resolution, or reasonable efforts had been made to inform all Advisory Committee members of the proposed resolution.
(3) Subclause (2) applies only if the Advisory Committee:
(a) determines that it applies; and
(b) determines the method by which Advisory Committee members are to indicate agreement with resolutions.
The Secretary of the Department must ensure that the Advisory Committee has the necessary administrative and other support to enable the Advisory Committee to perform its functions efficiently and effectively.
(1) Each of the following entities must include the matters mentioned in subclause (2) in its annual report for a financial year:
(a) a non - corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ;
(b) a public authority.
(2) The matters are:
(a) initiatives taken during the year to ensure the health, safety and welfare of workers who carry out work for the entity; and
(b) health and safety outcomes (including the impact on injury rates of workers) achieved as a result of initiatives mentioned under paragraph (a) or previous initiatives; and
(c) statistics of any notifiable incidents of which the entity becomes aware during the year that arose out of the conduct of businesses or undertakings by the entity; and
(d) any investigations conducted during the year that relate to businesses or undertakings conducted by the entity, including details of all notices given to the entity during the year under Part 10 of this Act; and
(e) such other matters as are required by guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.