{"id":"F2009B00123","name":"Commonwealth Employees' Rehabilitation and Compensation Act 1988 - Notice of Declarations and Specifications (Notice No. 1 of 1990)","slug":"commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121429,"registerId":"commonwealth-F2009B00123-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 Declarations and Specifications (Notice No. 1 of 1990)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nCommonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990)\n\nmade under paragraph 4(1)(c) and subsection 5(6) of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988\n\nCompilation No. 1\n\nCompilation date: 20 October 2015\n\nIncludes amendments up to: Safety, Rehabilitation and Compensation (Definition of Employee) Amendment Notice 2015\n\nPrepared by the Department of Employment, Canberra\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990) that shows the text of the law as amended and in force on 20/10/2015 (the compilation date).\n\nThis compilation was prepared on 19/01/ 2016.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\nCommonwealth Employees’ Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications 1\n\nEndnotes 2\n\nEndnote 1 – About the endnotes 2\n\nEndnote 2 – Abbreviation key 3\n\nEndnote 3 – Legislation history 4\n\nEndnote 4 – Amendment history 5\n\nCOMMONWEALTH OF AUSTRALIA\n\nCommonwealth Employees’ Rehabilitation and Compensation Act 1988\n\nNOTICE OF DECLARATIONS AND SPECIFICATIONS\n\nNotice No 1 of 1990\n\nI, Peter Cook, Minister of State for Industrial Relations, hereby declare and specify, on and from the date of publication of this Notice in the Commonwealth of Australia Gazette, the following matters for the purposes of various provisions of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (in this Notice referred to as “the Act”):\n\n1. For the purposes of paragraph (c) of the definition of “Commonwealth authority” in subsection 4(1) of the Act, the following body corporate, being a body corporate incorporated under a law of the ACT in which the Commonwealth has a controlling interest, is declared to be a body corporate to which the Act applies:\n\nAIDC Ltd.\n\n2. For the purposes of subsection 5(6) of the Act:\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, or at the request or direction, or for the benefit, of a Commonwealth authority, is declared to be employed by the Commonwealth or by that authority, as the case may be; 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, under the control or direction of a Commonwealth officer assist, without receiving any remuneration (other than payment of expenses incurred), in the running of the National Gallery of AustraliaPersons who, under the control or direction of a Commonwealth officer, render services to the CSIRO as Honorary Fellows, Post-retirement Fellows, Post‑doctoral Fellows Volunteer Fellows, Guest Workers, postgraduate students, PhD students or vacation scholars | Acts performed in connection with the rendering of the assistanceActs performed in connection with the rendering of the services |\n\n(signed)\n\nPeter Cook\n\nMinister of State for Industrial Relations\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\n  \n\n> Note: Endnote 2—Abbreviation key\n\n| A = Act                                         | orig = original                     |\n| ----------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                          | par = paragraph(s)/subparagraph(s)  |\n| am = amended                                    | /sub‑subparagraph(s)                |\n| amdt = amendment                                | pres = present                      |\n| c = clause(s)                                   | prev = previous                     |\n| C[x] = Compilation No. x                        | (prev…) = previously                |\n| Ch = Chapter(s)                                 | Pt = Part(s)                        |\n| def = definition(s)                             | r = regulation(s)/rule(s)           |\n| Dict = Dictionary                               | Reg = Regulation/Regulations        |\n| disallowed = disallowed by Parliament           | reloc = relocated                   |\n| Div = Division(s)                               | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have  | rep = repealed                      |\n| effect                                          | rs = repealed and substituted       |\n| F = Federal Register of Legislative Instruments | s = section(s)/subsection(s)        |\n| gaz = gazette                                   | Sch = Schedule(s)                   |\n| LI = Legislative Instrument                     | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003          | SLI = Select Legislative Instrument |\n| (md) = misdescribed amendment                   | SR = Statutory Rules                |\n| mod = modified/modification                     | Sub‑Ch = Sub‑Chapter(s)             |\n| No. = Number(s)                                 | SubPt = Subpart(s)                  |\n| o = order(s)                                    | underlining = whole or part not     |\n| Ord = Ordinance                                 | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                                | FRLI registration | Commencement    | Application, saving and transitional provisions |\n| ----------------------------------------------------------------------------------------------------------------------------------- | ----------------- | --------------- | ----------------------------------------------- |\n| Commonwealth Employee’s Rehabilitation and Compensation Act 1988 – Notice of Declarations and Specifications (Notice No. 1 of 1990) | F2009B00123       | 29 August 1990  | —                                               |\n| Safety, Rehabilitation and Compensation (Definition of Employee) Amendment Notice 2015                                              | F2015L01665       | 20 October 2015 | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected                      | How affected  |\n| --------------------------------------- | ------------- |\n|                                         |               |\n| Table – First Column ‘Class of persons’ | am No 1, 2015 |\n|                                         |               |","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":"The legislation remains tightly scoped to its original purpose. The 2015 amendment merely updated the terminology in the CSIRO volunteer table (changing 'Post‑doctoral Fellows' to 'Post‑doctoral Fellows' and similar formatting), without expanding the categories of covered persons or altering the fundamental scope."},"complexity_factors":["Very short document (under 2 pages of substantive content)","Only 2 operative provisions with clear, specific declarations","No nested definitions or conditional logic beyond simple 'if X, then Y' structure","Single cross-reference to parent Act (CERC Act 1988)","Minimal amendment history (only one amendment in 25 years)","Straightforward tabular format for the second declaration"],"plain_english_summary":"This ministerial notice under the Comcare Act declares AIDC Ltd a \"Commonwealth authority\" so its employees are covered by the Commonwealth workers' compensation scheme.  \n\nIt also treats specified unpaid volunteers and research associates at the National Gallery of Australia and CSIRO as \"employed\" for compensation purposes when acting under Commonwealth officer direction — closing a gap so unpaid helpers and researchers receive medical and income support if injured while working for the Commonwealth."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The table of declared classes of persons (First Column) was amended in 2015 (see Endnote 3 and Endnote 4), altering which unpaid or honorary participants are treated as Commonwealth employees for the purposes of subsection 5(6) of the Act. The Notice still operates by declaring specific bodies and classes of persons (Notice clause 1 and clause 2) but the precise categories covered differ from the original 1990 text as amended in 2015."},"complexity_factors":["Use of cross‑references to statutory definitions and powers (made under para 4(1)(c) and s 5(6) of the Act) creates reliance on external definitions and tests (Notice preamble).","Classification by paired table (First Column: classes of persons; Second Column: classes of acts) requires construing broad phrases like “under the control or direction of a Commonwealth officer”, “for the benefit”, and “acts performed in connection with the rendering of the assistance/services” (Notice clause 2, table).","Ministerial declaration mechanism vests the decision to extend employer status in an executive notice rather than primary legislation, adding administrative discretion (Notice header and signature).","Practical compliance and administrative burden for authorities who must treat volunteers/participants as employees for the Act (effects implied by clause 2 declaring employment status under s 5(6)).","Amendment history and later modifications (Safety, Rehabilitation and Compensation (Definition of Employee) Amendment Notice 2015) means the scope of the declared classes has changed since 1990, requiring users to consult consolidated text and endnotes (Endnote 3; Endnote 4).","Concise drafting of the table items (e.g. grouping many CSIRO categories together) raises questions of delimitation between categories and potential disputes about individual cases (Notice clause 2, table)."],"plain_english_summary":"This Ministerial Notice names AIDC Ltd as a Commonwealth authority for the purposes of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 and declares certain unpaid assistants and honorary/academic participants at the National Gallery and the CSIRO to be ‘employees’ of the Commonwealth or the relevant authority. Mechanically, it brings those people and the acts they perform within the Act so the Commonwealth/authority is treated as the employer for rehabilitation and compensation purposes."}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica","history":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica/history","analysis":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica/analysis","conflicts":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica/conflicts","importantCases":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica/important-cases","documents":"/api/acts/commonwealth-employees-rehabilitation-and-compensation-act-1988-notice-of-declarations-and-specifica/documents"}}