Work Health and Safety (Class of Worker) Declaration 2022 (No. 1)

The Work Health and Safety (Class of Worker) Declaration 2022 (No. 1) is a Commonwealth legislative instrument made under subsection 7(2F) of the Work Health and Safety Act 2011. Its function is specific. It declares that a person who is a member of the Australian Defence Force Cadets, other than as an officer or instructor, is a worker for the purposes set out in the instrument.

The declaration also says that the person is at work throughout the time they are engaged in activities as a member of the Australian Defence Force Cadets. It further says that the person is carrying out work for a business or undertaking conducted by the Commonwealth when engaged in activities connected with the Australian Defence Force Cadets, but not otherwise.

This is not a broad rule for all private businesses or all youth programs. It is aimed at a defined class of cadet members and ties the Commonwealth business or undertaking point to activities connected with the Australian Defence Force Cadets.

The instrument covers a person who is a member of the Australian Defence Force Cadets, other than as an officer or instructor. It also defines Australian Defence Force Cadets by referring to subsection 62(1) of the Defence Act 1903.

The exclusion of officers and instructors is deliberate. The note to the declaration says officers and instructors are not captured by this instrument because they are already considered workers under subsection 7(1) of the Work Health and Safety Act 2011.

That means there are two practical classification questions at the start. First, is the person a member of the Australian Defence Force Cadets? Secondly, are they participating as a cadet member rather than as an officer or instructor? If you get that classification wrong, your WHS analysis may start from the wrong premise.

Section 6 of the instrument does three things for the covered class of cadet members.

First, it declares the person to be a worker. Secondly, it says the person is at work throughout the time when they are engaged in activities as a member of the Australian Defence Force Cadets. Thirdly, it says the person is carrying out work for a business or undertaking conducted by the Commonwealth when they are engaged in activities connected with the Australian Defence Force Cadets, but not otherwise.

Those points matter because WHS obligations often depend on worker status, whether a person is at work, and which business or undertaking the work is being carried out for. The instrument does not create a free-standing rule for every setting where cadets may be present. It is tied to activities connected with the Australian Defence Force Cadets and, for the Commonwealth undertaking point, only applies when the work is for a business or undertaking conducted by the Commonwealth.

If your business is involved in a cadet-related activity, the first practical trigger point is whether the activity is connected with the Australian Defence Force Cadets. The second is whether the relevant business or undertaking is conducted by the Commonwealth. Both parts matter.

For example, a venue operator, transport provider or service contractor may be involved in an event, camp, training activity or other program where cadet members are present. The instrument is most relevant where that activity is connected with the Australian Defence Force Cadets and the work is being carried out for a Commonwealth business or undertaking.

If there is no Commonwealth business or undertaking connection, the specific declaration in paragraph 6(c) does not apply in the same way. That does not mean WHS obligations disappear. It means you should be careful not to overstate what this instrument covers. Your broader WHS duties may still arise under the legislation that otherwise applies, but this declaration itself is limited by its wording.

The instrument itself is a classification instrument. It does not list every operational WHS step a business must take. But once a person is treated as a worker in the circumstances described, that classification can affect how your existing WHS systems should be applied in practice.

If your business hosts or supports relevant activities, review whether your documents and procedures assume that only employees and direct contractors count for WHS planning. That assumption may be too narrow in a Commonwealth-connected cadet setting covered by this declaration.

In practical terms, businesses should make sure the presence of covered cadet members is reflected in site inductions, hazard management, supervision arrangements, attendance records and incident reporting pathways. If multiple organisations are involved, such as a Commonwealth entity, a venue operator and a transport provider, it is also sensible to check who is handling each practical safety task so there are no gaps.

Businesses often run into trouble not because the legal rule is complicated, but because their paperwork and on-the-ground conduct do not match the legal classification. If your business is involved in relevant cadet activities, check whether your documents describe participants too narrowly or leave uncertainty about who is covered by safety procedures.

For example, if your event plan only refers to employees, contractors and visitors, it may not accurately reflect the worker status created by this instrument for covered cadet members in the relevant circumstances. If your incident form or escalation process assumes only staff injuries need to be handled through a particular pathway, that may also need review.

The practical aim is consistency. The legal classification, the contract wording, the induction process and the incident response process should all point in the same direction.

A regional venue business hosts a cadet activity under arrangements connected with a Commonwealth undertaking. The venue should not assume cadet members are outside the WHS picture simply because they are not employees. It should check how those participants are treated in inductions, site rules and incident processes.

A transport provider is engaged to support a cadet-related activity. The provider should check whether the activity is connected with the Australian Defence Force Cadets and whether the relevant undertaking is conducted by the Commonwealth. If so, the provider should make sure its safety instructions and reporting pathways reflect the presence of covered cadet members.

A private business with no involvement in Australian Defence Force Cadets activities, or no Commonwealth undertaking connection, is unlikely to need this instrument for ordinary operations. That business still needs to comply with the WHS laws that otherwise apply to it, but this declaration is unlikely to be the key rule.

The instrument was made on 23 September 2022 and registered on 27 September 2022. Under the commencement provision, the whole instrument commenced on the day after registration, which is 28 September 2022.

The Federal Register of Legislation records the instrument as in force. The instrument also repealed the earlier Work Health and Safety (Class of worker) Notice 2012 (No. 1).

Before relying on this page for a live compliance decision, check the current version and status on the Federal Register of Legislation. Registration details, amendments and repeal information can change over time, and businesses should confirm the current position close to the relevant activity date.

This page explains the instrument at a practical level, but businesses should still verify the legal setting before acting on it. The most important checks are factual. Confirm who the participants are, what role they are acting in, what the activity is, and whether the relevant business or undertaking is conducted by the Commonwealth.

If several organisations are involved, also check the contract chain and operational arrangements. The declaration can affect worker classification, but your day-to-day WHS responsibilities will still depend on the broader legal and factual context. If there is uncertainty about the Commonwealth connection or the role of the people involved, get specific advice before finalising your compliance position.