{"id":"F2009B00114","name":"Commonwealth Employees' Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 6 of 1992)","slug":"commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121416,"registerId":"commonwealth-F2009B00114-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commonwealth Employees' Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 6 of 1992)","content":"COMMONWEALTH OF AUSTRALIA\n\nCommonwealth Employee’s Rehabilitation and Compensation act 1988\n\nNOTICE OF DECLARATION\n\nNotice No 6 of 1992\n\nI, Peter Francis Salmon Cook, Minister of State for Industrial Relations, hereby declare for the purposes of subsection 5(6) of the Commonwealth Employee’s Rehabilitation and Compensation Act 1988 that on and from 1 January 1993:\n\n(a) a person who is included in the class of persons referred to in the first column of the following table, being a class of 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, is declared to be employed by the Commonwealth; and\n\n(b) the employment of the person is declared to be constituted by the performance by the person of an act included in the class of acts referred to in the second column of that table opposite to the reference to that class of persons.\n\n| First ColumnClass of Persons                                                                                                                         | Second ColumnClass of Acts                         |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------- |\n| Persons who, at the request of the Commonwealth, provide interpreting services to the Department of Immigration, Local Government and Ethnic Affairs | Acts performed in the provision of those services. |\n\n(signed)\n\nPeter Cook\n\nMinister of State for Industrial Relations\n\n8 December 1992","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notice performs exactly the function intended by subsection 5(6) of the parent Act: extending coverage to specific non-employees. It has not expanded beyond this narrow, targeted purpose."},"complexity_factors":["Single, specific declaration covering one narrow class of persons (interpreters for one department)","Simple two-column table format with straightforward matching logic","No defined terms section, no cross-references to other legislation beyond the parent Act citation","Minimal conditional language—essentially 'if you do X, you are covered'","Very short document (under 300 words)","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This ministerial declaration treats interpreters engaged at the Commonwealth’s request by the Department of Immigration (now within Home Affairs) as if they were Commonwealth employees for workers’ compensation purposes. It extends injury and illness coverage to these non‑employee, often vulnerable contract or casual interpreters, ensuring they can claim under the Commonwealth scheme if harmed while working."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The notice extends the Act's practical coverage by declaring a specific group of interpreters to be \"employed by the Commonwealth\" for CERCA purposes from 1 January 1993. It therefore broadens who is treated as within the scheme (for that class) without amending the Act's text, by use of the Ministerial power in subsection 5(6)."},"complexity_factors":["Single, narrowly defined class of persons (interpreters for a named department) reduces legal scope and interpretive complexity.","Instrument is an exercise of a statutory power (subsection 5(6)), so understanding relies on reading that provision alongside the Act.","Temporal element (operative date 1 January 1993) requires administrators to apply coverage from that date, affecting record-keeping and claims handling.","Operational impact for the Department: administrative responsibility for claims shifts to Commonwealth scheme, creating modest compliance and administrative workload.","Possible factual ambiguity in the phrase \"at the request of the Commonwealth\" could create borderline cases about who qualifies."],"plain_english_summary":"From 1 January 1993 this notice declares that persons who, at the Commonwealth’s request, provide interpreting services to the Department of Immigration, Local Government and Ethnic Affairs are to be treated as Commonwealth employees for the purposes of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988. Their employment is the performance of those interpreting acts.\n\nEffect: those interpreters become eligible under the Commonwealth rehabilitation/compensation scheme, moving claim liability and administration to the Commonwealth; the Minister made the declaration under subsection 5(6)."}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti","history":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti/history","analysis":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti/analysis","conflicts":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti/conflicts","importantCases":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti/important-cases","documents":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declaration-under-subsecti/documents"}}