{"id":"F2006B01630","name":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 5 of 2002)","slug":"f2006b01630","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":331895,"registerId":"commonwealth-F2006B01630-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. 5 of 2002)","content":"COMMONWEALTH OF AUSTRALIA\n\nSafety, Rehabilitation and Compensation Act 1988\n\nNOTICE OF DECLARATION UNDER SUBSECTION 5(6)\n\nNotice No 5 of 2002\n\nI, ANTHONY JOHN ABBOTT, Minister for Employment and Workplace Relations, hereby declare for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 that on and from the date of publication of this notice in the Commonwealth of Australia Gazette:\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 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 employee, assist the Sydney Harbour Federation Trust with bush regeneration and restoration or conservation works and by conducting guided tours of the Trust sites, without receiving any remuneration (other than payment of expenses incurred). | Acts performed in connection with the rendering of the assistance. |\n\nTONY ABBOTT\n\nMinister for Employment and Workplace Relations\n\nDated 16/12/2002.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The notice expands the statutory reach of 'employed by the Commonwealth' to include a specific class of unpaid volunteers assisting the Sydney Harbour Federation Trust, thereby extending SRCA coverage for acts performed in connection with that assistance. The extension is limited by the stated conditions (control/direction by a Commonwealth employee; unpaid except for expenses) and is effective from the notice's publication."},"complexity_factors":["Very narrow, fact-specific application: targets a single class of volunteers and a single Trust.","Relies on ministerial power under s5(6) to declare who is 'employed by the Commonwealth' — an example of statutory discretion.","Legal effect is straightforward: treats specified acts as constituting Commonwealth employment for SRCA purposes (affects liability and access to benefits).","Conditions that add modest complexity: assistance must be under control/direction of a Commonwealth employee and volunteers must be unpaid except for expenses.","No new procedural or regulatory regime created; implementation largely administrative (recording/claims handling).","Potential downstream effects on workers' compensation claims, insurer exposure and administrative processing, but these are operational rather than legislative complexities."],"plain_english_summary":"This ministerial notice under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 declares that unpaid volunteers who, under the control of a Commonwealth employee, assist the Sydney Harbour Federation Trust with bush regeneration, conservation works or guided tours are to be treated as 'employed by the Commonwealth' for acts connected with that assistance. Mechanically, that extends coverage under the Act to those acts from the date of publication."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by subsection 5(6) of the SRC Act: to extend coverage to specific classes of non-employees who perform work for the Commonwealth. It has not expanded beyond this narrow, specific purpose."},"complexity_factors":["Single purpose instrument: only extends workers' compensation coverage to one defined group","No defined terms section—all key terms are ordinary English or defined by context","Simple conditional structure: two declaratory paragraphs (a) and (b) with one table","No cross-references to other legislation beyond the parent Act (SRC Act 1988)","Single operative date tied to Gazette publication","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"This ministerial declaration under the SRC Act temporarily treats certain unpaid volunteers who work for the Sydney Harbour Federation Trust—as directed by a Commonwealth employee— as if they were Commonwealth employees for workers’ compensation purposes. It covers volunteers doing bush regeneration, conservation and guided tours, ensuring access to medical treatment, rehabilitation and income compensation if injured. It does not make them employees for other entitlements (pay, superannuation); it only fills a gap in workers’ compensation coverage."}},"importantCases":[],"_links":{"self":"/api/acts/f2006b01630","history":"/api/acts/f2006b01630/history","analysis":"/api/acts/f2006b01630/analysis","conflicts":"/api/acts/f2006b01630/conflicts","importantCases":"/api/acts/f2006b01630/important-cases","documents":"/api/acts/f2006b01630/documents"}}