{"id":"F2009B00109","name":"Safety, Rehabilitation and Compensation Act 1988 - Notice of Declaration under subsection 5(6) (Notice No. CA4 of 1996)","slug":"f2009b00109","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":326795,"registerId":"commonwealth-F2009B00109-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. CA4 of 1996)","content":"COMMONWEALTH OF AUSTRALIA\n\nSAFETY REHABILITATION AND COMPENSATION ACT 1988\n\nNOTICE OF DECLARATION UNDER SECTION 5(6)\n\nNotice No CA4 of 1996\n\nI, PETER KEASTON REITH, Minister for Industrial Relations, hereby declare for the purpose 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 and 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 without receiving any remuneration (excluding payments of expenses incurred) place their services at the disposal of Australian Film, Television and Radio School as artists in residence and workers on student productions. | Acts performed in connection with work as an artists in residence and workers on student productions for Australian Film, Television and Radio School. |\n\nDated 8th December 1996\n\nPeter Reith\n\nMinister for Industrial Relations","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 instrument performs exactly the function intended by subsection 5(6) of the SRC Act: to declare specific classes of non-employees as deemed employees for workers' compensation purposes. The scope remains tightly confined to the specific group (AFTRS unpaid artists and production workers) and does not expand beyond the statutory mechanism's original purpose."},"complexity_factors":["Single operative provision with straightforward declaratory structure","Only one class of persons and one class of acts specified","No cross-references beyond the parent Act subsection 5(6)","No defined terms within the instrument itself","Simple two-column table format with clear correspondence between person class and act class","No conditional logic, exceptions, or nested provisions"],"plain_english_summary":"This ministerial declaration treats certain unpaid artists-in-residence and workers on student productions at the Australian Film, Television and Radio School as if they were Commonwealth employees for the time they perform those duties. It narrowly extends SRC Act workers’ compensation protections so those volunteers can claim medical, income and rehabilitation benefits if injured while working for AFTRS."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The notice expands who is treated as 'employed by the Commonwealth' under the Safety, Rehabilitation and Compensation Act 1988 by expressly including specified unpaid participants at the Australian Film, Television and Radio School. It therefore extends the Act’s employer liability and compensation/rehabilitation coverage to that narrow class, effective from the date of Gazette publication, using the ministerial declaration power in subsection 5(6)."},"complexity_factors":["Narrow, specific beneficiary class (unpaid artists in residence and student-production workers) — limits scope but requires factual qualification from the table.","Reliance on ministerial power under subsection 5(6) to declare classes 'employed by the Commonwealth' — discretionary executive action.","Qualification that services be provided 'without receiving any remuneration (excluding payments of expenses incurred)' creates a factual threshold for eligibility.","Operative effect is declaratory (constitutes employment for Act purposes) rather than creating new substantive rights — interaction with existing SRCA definitions and entitlements may require administrative interpretation.","Immediate operative date tied to publication in the Gazette, creating a clear temporal trigger for coverage.","Potential for factual disputes about whether particular acts fall within the 'acts performed in connection with' phrase used in the table."],"plain_english_summary":"This ministerial notice, made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988, declares that unpaid persons who place their services at the disposal of the Australian Film, Television and Radio School as artists in residence or as workers on student productions are to be treated as employed by the Commonwealth for the Act. The specific acts they perform in those roles are constituted as their employment, so the Commonwealth is the employer for the Act’s rehabilitation and compensation purposes from the Gazette date."}},"importantCases":[],"_links":{"self":"/api/acts/f2009b00109","history":"/api/acts/f2009b00109/history","analysis":"/api/acts/f2009b00109/analysis","conflicts":"/api/acts/f2009b00109/conflicts","importantCases":"/api/acts/f2009b00109/important-cases","documents":"/api/acts/f2009b00109/documents"}}