Victorian workers who are employed by Federal government departments or government business enterprises come under the Commonwealth system. In addition, national companies granted 'self-insurer' status under Comcare are now also covered by both the Comcare workers' compensation and OHS Act.
Up to March 15, 2007, the
Occupational Health and Safety (Commonwealth Employment) Act, 1991 (and workers' compensation Act) covered employees of all federal government departments and government business enterprises (eg Australia Post, Telstra). All other workers in Victoria were covered by the Victorian
Occupational Health and Safety Act (2004).
However, in 2006 the then Howard Federal Government made a decision to allow, and even invite companies operating nationally across Australia, to apply to become 'self-insurers' under the Commonwealth workers' compensation scheme. Any company granted self-insurer status is then transferred not only to the Commonwealth compensation scheme, but also to the Commonwealth OHS Act. The
OHS (Commonwealth Employment) Amendment Act 2006 [pdf] was passed in 2006. By removing the reference to Commonwealth employees in the principal Act, this expanded coverage to employees of Comcare self-insurance licensees. State and Territory OHS laws no longer cover these workers once their companies have been granted self-insurance under the Comcare system.
Both unions and state/territory governments opposed this as it would have grave implications for workers and for the State and Territory government schemes. The Labour government elected in late 2007 is considering the legislation and how to proceed.
See items below for more information
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The current Act (summary)
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More information on changes to the OHS Act.
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More information on changes to the Compensation Act.