Employees
5 Employees
In this Act, unless the contrary intention appears:
Chief Minister means the Chief Minister for the Australian Capital Territory.
employee means:
a person who is employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship; or
a person who is employed by a licensed corporation.
For the purposes of paragraph (b) of the definition of employee in subsection (1), a person is taken to be employed by a licensed corporation if, and only if:
a person performs work for that corporation under a law or a contract; and
pursuant to that law or pursuant to the law that is the proper law of that contract, as the case may be, the person would, if that corporation were not a licensed corporation, be entitled to compensation in respect of injury, loss or damage suffered by, or in respect of the death of, the person in connection with that work.
Without limiting the generality of subsection (1):
the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or
a person (other than a person to whom subsection (3) applies) who is the holder of or is acting in:
an office established by a law of the Commonwealth, other than an office that is declared by the Minister, by legislative instrument, to be an office to which this Act does not apply; or
an office that is established by a law of a Territory (other than an ACT enactment or a law of the Northern Territory) and is declared by the Minister, by legislative instrument, to be an office to which this Act applies;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, and the person’s employment shall, for those purposes, be taken to be constituted by the person’s performance of duties as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee or by the person’s performance of the duties of that office, as the case may be.
A person who:
constitutes, or is acting as the person constituting, a Commonwealth authority;
is, or is acting as, a member of such an authority; or
is a deputy of such a member;
shall, for the purposes of this Act, be taken to be employed by that authority, and the person’s employment shall, for those purposes, be taken to be constituted by the performance of:
the duties of the authority;
the person’s duties as such a member or acting member; or
the person’s duties as such a deputy;
as the case may be.
A person:
who is ordinarily engaged for employment at a prearranged place at which employers engage persons for employment; and
whose last employer under an engagement at that place was the Commonwealth, a Commonwealth authority or a licensed corporation;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, that authority or that corporation, as the case may be, until the person is next engaged under such an engagement, and the person’s employment shall, for those purposes, be taken to be constituted by the person’s attendance at that place for the purpose of seeking such an engagement.
Subsection (4) does not operate to make Comcare liable to pay compensation in respect of an injury sustained by an employee during an attendance to which that subsection applies if the injury was sustained because the employee voluntarily and unreasonably subjected himself or herself to an abnormal risk of injury.
The Minister may, by legislative instrument (the notice), declare:
that persons specified in the notice, being persons who engage in activities or perform acts:
at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth; or
at the request or direction, or for the benefit, of a Commonwealth authority or a licensed corporation;
shall, for the purposes of this Act, be taken to be employed by the Commonwealth, or by that authority or corporation, as the case may be; and
that the employment of the person shall, for those purposes, be taken to be constituted by the performance by the person of such acts as are specified in the notice;
and such a declaration shall have effect accordingly.
For the purposes of the application of this Act in relation to a person employed by a Commonwealth authority, references in this Act to the Commonwealth shall be read as references to that authority.
This Act does not apply to:
a member of the Parliament or a Minister of State;
a person who is a Judge as defined by section 4 of the Judges’ Pensions Act 1968;
an officer or employee of the Public Service of an external Territory; or
a seaman to whom the Seafarers Rehabilitation and Compensation Act 1992 applies.
A reference to an employee in a provision of this Act that applies to an employee at a time after Comcare, an administering authority, a licensed authority or a licensed corporation has incurred a liability in relation to the employee under this Act includes, unless the contrary intention appears, a reference to a person who has ceased to be an employee.
For the purposes of this Act, the following are taken to be employed by the Australian Capital Territory:
a person who is an officer or employee of an authority or body established by an ACT enactment, other than an authority or body in respect of which a declaration is in force under subsection (12);
a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:
in which the Australian Capital Territory or an authority or body established by an ACT enactment has a controlling interest; and
in respect of which a declaration under subsection (13) is in force;
a person who is an officer or employee of a body corporate incorporated under a law of the Commonwealth or a law in force in a State or Territory, being a body:
in which a body corporate referred to in paragraph (b) has a controlling interest; and
in respect of which a declaration under subsection (13) is in force;
a person who is employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory;
the Commissioner, Deputy Commissioner and members of the Australian Capital Territory Fire Brigade under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory;
a member of the ACT Fire and Rescue Service within the meaning of the Emergencies Act 2004 of the Australian Capital Territory;
a person who holds, or is acting in, an office established by an ACT enactment, other than an office in respect of which a declaration is in force under subsection (12).
If the Chief Minister so requests in writing, the Minister may, by legislative instrument, declare that:
an authority or body is not an authority or body to which subsection (11) applies; or
an office is not an office to which subsection (11) applies.
If the Chief Minister so requests in writing, the Minister may make a written declaration that a body corporate is a body to which subsection (11) applies.
A declaration under subsection (13) is not a legislative instrument.
Subsection (11) does not apply to the following offices established by the Australian Capital Territory (Self‑Government) Act 1988:
Chief Minister for the Australian Capital Territory;
Deputy Chief Minister for the Australian Capital Territory;
Minister;
Presiding Officer of the Legislative Assembly for the Australian Capital Territory;
deputy to the Presiding Officer of the Legislative Assembly for the Australian Capital Territory;
member of the Legislative Assembly for the Australian Capital Territory.
If the Chief Minister so requests in writing, the Minister may make a written declaration that persons specified in the declaration, when engaging in activities:
at the request or direction, or for the benefit, of the Australian Capital Territory; or
in accordance with a requirement made by or under an ACT enactment; or
at the request or direction, or for the benefit, of an authority or body established by an ACT enactment;
are to be taken to be employees of the Australian Capital Territory.
A declaration under subsection (15) is not a legislative instrument.
To avoid doubt, a member of the Defence Force is not an employee.
For members of the Defence Force, see the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.
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